KARNATAKA ACT No. 4 OF 1985 THE KARNATAKA LOKAYUKTA ACT, 1984 ARRANGEMENT OF SECTIONS Statement of Objects and Reasons: Sections: 1. Short title and commencement. 2. Definitions. 3. Appointment of Lokayukta and Upalokayukta. 4. Lokayukta or Upalokayukta not to hold any other office. 5. Term of office and other conditions of service of Lokayukta and Upalokayukta. 6. Removal of Lokayukta or Upalokayukta. 7. Matters which may be investigated by the Lokayukta and an Upalokayukta. 8. Matters not subject to investigation. 9. Provisions relating to complaints and investigations. 10. Issue of search warrant, etc. 11. Evidence. 12. Reports of Lokayukta , etc. 13. Public servant to vacate office if directed by Lokayukta, etc. 14. Initiation of prosecution. 15. Staff of Lokayukta, etc. 16. Secrecy of information. 17. Intentional insult or interruption to or bringing into disrepute the Lokayukta or Upalokayukta. 17A. Power to punish for contempt. 18. Protection. 19. Conferment of additional functions on Upalokyukta. 20. Prosecution for false complaint. 21. Power to delegate. 22. Public servants to submit property statements. 23. Power to make rules. 24. Removal of doubts. 25. Removal of difficulties. 26. Repeal and savings. FIRST SCHEDULE SECOND SCHEDULE ***** 2 STATEMENT OF OBJECTS AND REASONS I Act 4 of 1985. - The administrative reforms commission had recommended the setting up of the institution of Lokayukta for the purpose of improving the standards of public administration, by looking into complaints against administrative actions, including cases of corruption, favouritism and official indiscipline in administration machinery. One of the election promises in the election manifesto of the Janatha Party was the setting up of the institution of the Lokayukta. The Bill provides for the appointment of a Lokayukta and one or more Upalokayuktas to investigate and report on allegations or grievances relating to the conduct of public servants. The public servants who are covered by the Act include,- (1) Chief Minister; (2) all other Minister and members of the State Legislature; (3) all officers of the State Government; (4) Chairmen, Vice -Chairmen of Local Authorities, statutory bodies, or corporations established by or under any la w of the State Legislature, including Co- operative societies. (5) Persons in the service of Local Authorities, Corporations, owned or controlled by the State Government, a company in which not less than fifty -one percent of the shares are held by the Stat e Government, Societies registered under the Societies Registration Act, Co -operative Societies and Universities established by or under any law of the Legislature. Where, after investigation into a complaint, the Lokayukta considers that the allegation against a public servant is prima facie true and makes a declaration that the post held by him, and the declaration is accepted by the Competent Authority, the public servant concerned, if he is a Chief Minister, or any other Minister or Member of State Legislature shall resign his office and if he is any other non -official shall be deemed to have vacated his office, and, if an official, shall be deemed to have been kept under suspension , with effect from the date of the acceptance of the declaration. If a fter investigation, the Lokayukta is satisfied that the public servant has committed any criminal offence, he may initiate prosecution without reference to any other authority. Any prior sanction required under any law for such prosecution shall be deemed to have been granted. The Vigilance Commission is abolished. But all inquiries and investigations and other disciplinary proceedings pending before the Vigilance Commission will get transferred to the Lokayukta. There are other incidental and consequential provisions. Hence this Bill. (Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 29th March 1983 as No.198 at page 27.) II Amending Act 15 of 1986.- English Not Available. Kannada see at page 134. III Amending Act 31 of 1986.- English Not Available. Kannada see at page 134. IV Amending Act 1 of 1988. - The Karnataka Lokayukta Act, 1984 (Karnataka Lokayukta Act No.4 of 1985) has come into force with effect from 15th January 1986. 3 The Lokayukta assumed Office on the same day and t he Upa- Lokayukta on 22nd January 1986. It is considered necessary to make certain amendments including interalia a provision to punish for contempt both in respect of Lokayukta and Upa-Lokayukta. Hence the Bill. (Obtained from L.A. Bill No.10 of 1988) V Amending Act 30 of 1991. - As per the section 5(3) of the Karnataka Lokayukta Act, 1984 Rs. 7500 and Rs. 6000 are being paid respectively to Karnataka Lokayukta and Upa- Lokayukta. The Government of India has enhanced the pay of the Chief Justices of th e Supreme Court, High Court and the Judges. It was under the consideration of the Government for a long time to enhance the pay of the Lokayukta and Upa- lokayukta to that of the Chief Justice of High Court and the Judge of High Court. As the matter was pending the Government has issued the Karnataka Lokayukta (Amendment) Ordinance, 1991. The Bill seeks to replace the said Ordinance. (Obtained from L.A. Bill No. 23 of 1991) VI Amending Act 25 of 2010.- It is considered necessary to make the following amendments to the Karnataka Lokayukta Act, 1984 to enable the Karnataka Lokayukta to function more effectively, namely:- (i) to include the Chief Secretary, Additional Chief Secretary, Principal Secretary and Secretary-II to Government within the meaning of the word “Secretary”; (ii) to confer upon the Lokayukta the suo-motu power to hold investigation on recording his opinion, into the action taken by the public servants whose fixed pay, salary or remuneration of more than twenty thousand per month except the Chief Minister, Ministers, Members of the State Legislature and the persons nominated by the State Government to the Boards, Corporations, Government companies, Co- operative Societies and societies as Chairman, Vice-Chairman or member; (iii) to enable the Lokayukta to discharge the functions of the Upalokayukta when the office of the Upalokayukta is vacant and similarly to enable the Upalokayukta to discharge the functions of the Lokayukta when the office of the Lokayukta is vacant; (iv) to enable the legal heirs of an aggr ieved person to file a complaint or to pursue the complaint already made; (v) it is laid down that the Lokayukta and the Upalokayukta can utilize the services of any other Agency. This means any person also. However, in the interest of clarity the amendment is proposed to the effect that the Lokayuktha and the Upalokayuktha can utilize the services of any person also. Hence, the Bill. [L.A.Bill No.25 of 2010, File No.DPAL 30 Shasana 2010] [Entry 41 of List II of the Seventh Schedule to the Constitution of India.] 4 VII Amending Act 35 of 2015.- It is considered necessary to make the following amendments to the Karnataka Lokayukta Act, 1984, in view of the recent developments in the Lokayukta organization, and,- 1. to revise the eligibility criteria for appointment of Lokayukta and Upalokayukta; 2. to revise the procedure for removal of the Lokayukta or Upalokayukta; 3. to preclude the Lokayukta or Upalokayukta from discharging his duties during the pendency of the motion for his removal before the House or the Houses of the State Legislature; 4. to make provision for submission of Annual Report of every year of the Lokayukta by 31st of October of that year; Certain consequential/incidental amendments are also made. Hence, the Bill. [L.A. Bill No.31 of 2015, File No. Samvyashae 40 Shasana 2015] [entry 41 of List II of the Seventh Schedule to the Constitution of India.] * * * * 5 KARNATAKA ACT No. 4 OF 1985 (First published in the Karnataka Gazette Extraordinary on the Eleventh day of February, 1985) THE KARNATAKA LOKAYUKTA ACT, 1984 (Received the assent of the President on the Sixteenth day of January, 1985). (As amended by Acts 15 of 1986, 31 of 1986, 1 of 1988, 30 of 1991, 25 of 2010 and 35 of 2015.) An Act to make provision for the appointment and functions of certain authorities for making enquiries into administrative action relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution, taken by or on behalf of the Government of Karnataka or certain public aut horities in the State of Karnataka (including any omission or commission in connection with or arising out of such action) in certain cases and for matters connected therewith or ancillary thereto. WHEREAS it is expedient to make provision for the appoint ment and functions of certain authorities for making enquiries into administrative action relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution, taken by or on behalf of the Government of Karnataka or certain public authorities in the State of Karnataka (including any omission or commission in connection with or arising out of such action) in certain cases and for matters connected therewith or ancillary thereto; B E it enacted by the Karnataka State Legislature i n the Thirty-fourth Year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Lokayukta Act, 1984. (2) It shall come into force on such 1[date]1 as the State Government may, by notification, appoint. 1. The Act came into force on 15 .1.1986 by notification. Text of the notification is at the end of the Act. 2. Definitions.-In this Act, unless the context otherwise requires,- (1) "action" means administrative action taken by way of decision, recommendation or finding or in any other manner and includes wilful failure or omission to act and all other expressions 1[relating to]1 such action shall be construed accordingly; 1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986. (2) "allegation" in rel ation to a public servant means any affirmation that such public servant,- (a) has abused his position as such public servant to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person; (b) was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives; (c) is guilty of corruption, favoritism, nepotism, or lack of integrity in his capacity as such public servant; or (d) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by public servants of the class to which he belongs; 6 (3) "Chief Minister" means the Chief Minister of Karnataka; (4) "competent authority'' in relation to a public servant means,- (a) in the case of Chief Minister or a member of the State Legislature, the Governor acting in his discretion; (b) in the case of a Minister or Secretary, the Chief Minister; (c) in the case of a Government servant other than a Secretary, the Go vernment of Karnataka; (d) in the case of any other public servant, such authority as may be prescribed; (5) "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1947; (6) "Government servant" means a person who is a member of the Civil Services of the State of Karnataka or who holds a civil post or is serving in connection with the affairs of the State of Karnataka and includes any such person whose services are temporarily p laced at the disposal of the Government of India, the Government of another State, a local authority or any person, whether incorporated or not, and also any person in the service of the Central or another State Government or a local or other authority whose services are temporarily placed at the disposal of the Government of Karnataka; (7) "Governor" means the Governor of Karnataka; (8) "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration; (9) "Lokayukta" means the person appointed as the Lokayukta under section 3; (10) "maladministration" means action taken or purporting to have been taken in the exercise of administrative functions in any case where,- (a) such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or (b) there has been wilful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay; (11) "Minister" means a member of the Council of Minister for the State of Karnataka, but excluding the Chief Minister; (12) "public servant" means a person who is or was at any time,- (a) the Chief Minister; (b) a Minister; (c) a member of the State Legislature; (d) a Government Servant; (e) the Chairman and the Vice- Chairman (by whatever name called) or a member of a local authority in the State of Karnataka or a statutory body or corporation established by or under any law of the State Legislature, including a co- operative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 and such other corporations or boards as the State government may, having regard to its financial interest in such corporations or boards, by notification, from time to time, specify; 7 (f) member of a Committee or Board, statutory or non- statutory, constituted by the Government; and (g) a person in the service or pay of,- (i) a local authority in the State of Karnataka; (ii) a statutory body or a corporation (not being a local authority) established by or under a State or Central Act, owned or controlled by the State Government and any other board or corporation as the State Government may having regard to its f inancial interest therein, by notification from time to time, specify; (iii) a company registered under 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, or any company which i s a subsidiary of such company; (iv) a society registered or deemed to have been registered under the Karnataka Societies Registration Act, 1960, which is subject to the control of the State Government and which is notified in this behalf in the official Gazette; (v) a co-operative society; (vi) a university; Explanation.- In this clause, "Co- operative Society" means a co- operative society registered or deemed to have been registered under the Karnataka Co- operative Societies Act, 1959, and "university" means a university established or deemed to be established by or under any law of the State Legislature, (13) "Secretary" 1[means the Chief Secretary, an Additional Chief Secretary, a Principal Secretary, a Secretary, or a Secretary -II] 1 to the Government of Karnataka and includes a Special Secretary, an Additional Secretary and a Joint Secretary; 1. Substituted by Act 25 of 2010 w.e.f. 23.07.2010. (14) "Upalokayukta" means a person appointed as Upalokayukta under section 3. 3. Appointment of Lokayuk ta and Upalokayukta. - (1) For the purpose of conducting investigations and enquiries in accordance with the provisions of this Act, the Governor shall appoint a person to be known as the Lokayukta and one or more persons to be known as the Upalokayukta or Upalokayuktas. (2) (a) 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 that of the Chief Justice of a High Court 1[or a person who has held the office of a Judge of a High Court for not less than ten years ]1 and shall be appointed on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Karnataka, the Chairman, Karnataka Legislative Council, the Speaker, Karnataka Legislative Assembly, the Leader of the Opposition in the Karnataka Legislative Council and the Leader of the Opposition in the Karnataka Legislative Assembly. 1. Inserted bye Act 35 of 2015 w.e.f 25.08.2015. (b) A person to be appointed as an Upalokayukta shall be a person who h as held the office of a judge of a High Court 1[for not less than five years ]1 and shall be appointed on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Karnataka, the Chairman, Karnataka Legislative Co uncil, the Speaker, Karnataka Legislative Assembly, the Leader of the Opposition in the Karnataka Legislative Council and the Leader of the Opposition in the Karnataka Legislative Assembly. 1. Inserted bye Act 35 of 2015 w.e.f 25.08.2015. (3) A person app ointed as the Lokayukta or an Upalokayukta 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 First Schedule. 8 4. Lokayukta or Upalokayukta not to hold any other office. -The Lokayukta or Upalokayukta shall not be a members of the Parliament or be a member of the Legislature of any State and shall not hold any office of trust or profit (other than his office as Lokay ukta or Upalokayukta) or be connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Lokayukta or an Upalokayukta shall,- (a) if he is a member of t he Parliament or of the Legislature of any State, resign such membership; or (b) if he holds any office of trust or profit, resign from such office; or (c) if he is connected with any political party, sever his connection with it; or (d) if he is carryi ng 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 practising any profession, suspend practice of such profession. 5. Term of office and other conditions o f services of Lokayukta and Upalokayukta. - (1) A person appointed as the Lokayukta or Upaloakayukta shall hold office for a term of five years from the date on which he enters upon his office: Provided that,- (a) the Lokayukta or an Upalokayukta may, by writing under his hand addressed to the Governor, resign his office; (b) the Lokayukta or an Upalokayukta may be removed from office in the manner provided in section 6. (2) On ceasing to hold office, the Lokayukta or an Upalokayukta shall be ineligible for further employment to any office of profit under the Government of Karnataka or in any authority, corporation, company, society or university referred to in item (g) of clause (12) of section 2. (3) There shall be paid to the Lokayukta and the Upaloka yukta every month a salary 1[equal to that of the Chief Justice of a High Court and that of a Judge of the High Court respectively]1. 2[Proviso x x x ]2 1. Substituted by Act 30 of 1991 w.e.f. 1.1.1991. 2. Omitted by Act 15 of 1986 w.e.f. 4.12.1985. (4) The allowances payable to and other conditions of service of the Lokayukta or an Upalokayukta shall be such as may be prescribed: Provided that,- (a) in prescribing the allowances payable to and other conditions of service of the Lokayukta, regard shall be had to the allowances payable to and other conditions of service of the Chief Justice of India; (b) in prescribing the allowances payable to and other conditions of service of the Upalokayukta, regard shall be had to the allowances payable to and oth er conditions of service of a Judge of the High Court: 1[(c) no dearness allowance shall be payable either to the Lokayukta or Upalokayukta.] 1 1. Inserted by Act 15 of 1986 w.e.f. 4.12.1985. 9 Provided further that the allowances payable to and other conditions of service of the Lokayukta or Upalokayukta shall not be varied to his disadvantage after his appointment. (5) the administrative expenses of the office of the Lokayukta and Upalokayukta including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of the State. 1[6. Removal of Lokayukta or Upalokayukta. - (1) The Lokayukta or an Upalokayukta shall not be removed from his office except by an order of the Governo r passed after an address by each House of the State Legislature 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 that House present and voting has been presented to the Governor i n the same Session for such removal on the ground of proved misbehaviour or incapacity. (2) A notice of motion for removal of Lokayukta or an Upalokayukta may be given in writing to; (a) the Speaker of the Karnataka State Legislative Assembly duly signed by not less than one-third of the total membership of that House; or (b) the Chairman of the Karnataka State Legislative Council duly signed by not less than one-third of the total membership of that House. (3) Soon after the receipt of notice of motion referred i n sub- section (2), the Speaker or Chairman, as the case may be, after consulting such persons, if any, as he thinks fit and after considering such materials, if any, as may be available to him and after satisfying himself as to the prima facie case regarding incapacity or misbehaviour of the Lokayukta or Upalokayukta, as the case may be, either admit the motion or refuse to admit the same. (4) Where a notice of a motion referred to in sub- section (2) is admitted, the Speaker or the Chairman, as the case may be, shall keep the motion pending and refer the matter to the Chief Justice of the High Court of Karnataka for the purpose of making an investigation into the grounds on which the removal of Lokayukta or an Upalokayukta is prayed for. Provided that where notices of a motion referred to in sub- section (2) are given on the same day in both the Houses of the Legislature, no reference to the Chief Justice of the High Court of Karnataka shall be made unless the motion has been admitted in both the Houses and where such a motion is admitted in both Houses, the matter shall be referred to the Chief Justice of the High Court of Karnataka jointly by the Speaker and the Chairman. Provided further that where notices of a motion as aforesaid are given in the Houses of Legislature on different dates, the notice which is given later shall stand rejected. (5) When the motion is referred to the Chief Justice of the High Court of Karnataka, the Chief Justice of Karnataka or as the case may be, by such other Judge of the High Court nominated by him shall frame definite charges against the Lokayukta or an Upalokayukta, as the case may be, on the basis of which the investigation is proposed to be held. Such charges together with a Statement of the grounds on which each such Charge is based shall be communicated to the Lokayukta or Upalokayukta and he shall be given a reasonable opportunity of presenting a written Statement of defence within such time as may be specified in this behalf by the Chief Justice of the High Court of Karnataka or the other Judge of High Court so nominated. (6) The State Government may, if required by the Speaker or the Chairman, or by both, as the case may be, appoint an Advocate to conduct the case against the Lokayukta or Upalokayukta, as the case may be. (7) The Chief Justice of the High Court of Karnataka or the Judge of the High Court nominated by him shall have power to regulate his own procedure in making the investigation and shall give a reasonable opportunity to the Lokayukta or the Upalokayukta, as the case may be, for presenting a written statement of defence, for cross-examining witnesses, adducing evidence and of being heard in his defence by himself or through his Advocate. 10 (8) For the purpose of making any investigation under this Act, the Chief Justice of the High Court of Karnataka or the Judge of the High Court nominated by him shall have the powers of the civil court, while trying a suit, under the Code of Civil Procedure, 1908, in respect of the following matters, viz.,: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on oath; (d) issuing commissions for the examination of witnesses or documents. (9) The Chief Justice of the High Court of Karnataka or the Judge of the High Court nominated by him after investigating into the matter referred to him shall prepare a report and submit the same to the Speaker or to the Chairman as the case may be, and to the Speaker and the Chairman in c ase the matter is referred by both, within ninety days from the date of such reference. (10) If the report of the Chief Justice of the High Court of Karnataka or the Judge of the High Court nominated by him contains a finding that the Lokayukta or Upalokayukta against whom charges were framed is not guilty of any misbehaviour or does not suffer from any incapacity, then no further steps shall be taken in either House of the State Legislature in relation to the report and no further proceeding is necessary in respect of pending motion. (11) If the report of the Chief Justice of the High Court of Karnataka or the Judge of the High Court contains a finding that the Lokayukta or Upalokayukta against whom charges were framed is guilty of any misbehaviour or su ffers from any incapacity, then the motion referred to in sub- section (2) shall, together with the report of the Chief Justice of the High Court of Karnataka or the Judge of the High Court, as the case may be, taken up for consideration by the House or the Houses of the State Legislature in which the motion is pending. (12) If the motion referred to in sub -section (2) is adopted by each House of the State Legislature in accordance with the provisions of sub- section (1), then the misbehaviour or incapacity of Lokayukta or Upalokayukta, as the case may be, shall be deemed to have been proved and an address praying for removal of Lokayukta or Upalokayukta shall be presented to the Governor of the State duly signed by the Speaker and the Chairman. (13) Once t he Governor gives assent to the address made under sub -section (12), the Lokayukta or Upalokayukta shall be deemed to have been removed from office in accordance with law. (14) The Lokayukta or Upalokayukta, as the case may be, against whom a motion is mov ed before the House or the Houses of the State Legislature for his removal, is precluded from discharge of his duties during the pendency of motion for his removal before the House or the Houses of the State Legislature.] 1 1. Substituted bye Act 35 of 2015 w.e.f 25.08.2015. 7. Matters which may be investigated by the Lokayukta and an Upalokayukta. - 1(1) Subject to the provisions of this Act, the Lokayukta may investigate any action which is taken by or with the general or special approval of,- (a) (i) the Chief Minister; (ii) a Minister; (iii) a member of the State Legislature; (iv) the Chairman and the Vice -Chairman (by whatever name called) or a member of an authority, board or a committee, a statutory or non -statutory body or a corporation established by or under any law of the State Legislature including a society, co-operative society or a Government company within the meaning of section 617 of the Companies Act, 1956, nominated by the State Government; 11 in any case where a complaint involving a grievance or an allegation is made in respect of such action. (b) any other public servant holding a post or office carrying either a fixed pay, salary or remuneration of more than rupees twenty thousand per month or a pay scale the minimum of which is more than rupees twenty thousand, as may be revised, from time to time in any case where a complaint involving a grievance or an allegation is made in respect of such action or such action can be or could have been, in the opinion of the Lokayukta, recorded in writing, the subject of a grievance or an allegation.]1 1. Substituted by Act 25 of 2010 w.e.f. 23.07.2010. (2) Subject to the provisions of this Act, an Upalokayukta may investigate any action which is taken by or with the general or specific approval of, any public servant not being the Chief Minister, Minister, Member of the Legislature, secretary or other public servant referred to in sub-section (1), in any case where a complaint involving a grievance or an allegation is made in respect of such action or such action can be or could have been, in the opinion of the Upalokayukta, 1[recorded in writing]1 the subject of a grievance or an allegation; 1. Inserted by Act 25 of 2010 w.e.f. 23.07.2010. 1[(2A) Notwithstanding anything contained in sub- sections (1) and (2), the Lokayukta or an Upalokayukta may investigate any action taken by or with the general or specific approval of a public servant, if it is referred to him by the State Government.] 1 1. Inserted by Act 31 of 1986 w.e.f. 16.6.1986. (3) Where two or more Upalokayuktas are appointed under this act, the 1[Lokayukta]1 may, by general or special order, assign to each of them matters which may be investigated by them under this Act: 1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986. Provided that no investigation made by an Upalokayukta under this Act, and no action taken or things done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned to him by such order . 1[(4) Notwithstanding anything contained in sub-sections (1) to (3) 2[when the office of a Upalokayukta is vacant by reason of his death, resignation, retirement, removal or otherwise or] 2 when an Upalokayukta is unable to discharge his functions owing to absence, illness or any other cause, his function may be discharged by the other Upalokayukta, if any and if there is no other Upalokayukta by the Lokayukta.]1 1. Inserted by Act 31 of 1986 w.e.f. 16.6.1986. 2. Inserted by Act 25 of 2010 w.e.f. 23.07.2010. 8. Matters not subject to investigation. - (1) Except as hereinafter provided, the Lokayukta or an Upalokayukta shall not conduct any investigation under this Act in the case of a complaint involving a grievance in respect of any action,- (a) if such action relates to any matter specified in the second Schedule; or (b) if the complainant has or had, any remedy by way of appeal, revision, review or other proceedings before any tribunal, 1[court, officer or other authority and has not availed of the same.]1 1. Substituted by Act 1 of 1988 w.e.f. 25.2.1988. (2) The Lokayukta or an Upalokayukta shall not investigate,- (a) any action in respect of which a formal and public inquiry has been ordered with the prior concurrence of the Lokayukta or an Upalokayukta, as the case may be; (b) any action in respect of a matter which has been referred for inquiry, under the Commission of Inquiry Act, 1952 with the prior concurrence of the Lokayukta or an Upalokayukta, as the case may be; (c) any complaint involving a grievance made after the expiry of a period of six months from the date on which the action complained against becomes known to the complainant; or (d) any complaint involving an allegation made after the expiry of five years from the date on which the action complained against is alleged to have taken place; Provided that he may entertain a complaint referred to in clauses (c) and (d) if the complainant satisfied that he had sufficient cause for not making the complaint within the period specified in those clauses. (3) In the case of any complaint involving a grievance, nothing in this Act shall be construed as empowering the Lokayukta or an Upalokayukta to question any administrative action involving the exercise of a discretion except where he is sati sfied that the elements 12 involved in the exercise of the discretion are absent to such an extent that the discretion can prima facie be regarded as having been improperly exercised. 9. Provisions relating to complaints and investigations. - (1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lokayukta or an Upalokayukta. 1[Provided that in case of a grievance, if the person aggrieved is dead or for any reason, unable to act for himself, the complaint may be made or if it is already made, may be prosecuted by his legal representatives or by any other person who is authorized by him in writing in this behalf.] 1 1. Inserted by Act 25 of 2010 w.e.f. 23.07.2010. (2) Every complaint shall be made in the form of a statement supported by an affidavit and in such form and in such manner as may be prescribed. (3) Where the Lokayukta or an Upalokayukta proposes, after making such preliminary inquiry as he deemed fit, to conduct any investigation under this Act, he,- (a) shall forward a copy of the complaint 1[and in the case of an investigation initiated suo-motu by him, the opinion recorded by him to initiate the investigation under sub- section (1) or (2), as the case may be, of section 7;]1 to the public servant and the competent authority concerned; (b) shall afford to such public servant an opportunity to offer his comments on such complaint; 1[or opinion recorded under sub -section (1) and (2) of section 7 as the case may be]1 1. Inserted by Act 25 of 2010 w.e.f. 23.07.2010. (c) may make such order as to the safe custody of documents relevant to the investigation, as he deems fit. (4) Save as aforesaid, the procedure for conducting any such investigation shall be such, and may be held either in public or in camera, as the Lokayukta or the Upalokayukta, as the case may be, considers appropriate in the circumstances of the case. (5) The Lokayukta or the Upalokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint involving a grievance or an allegation, if, in his opinion,- (a) the complaint is frivolous or vexatious or is not made in good faith; (b) there are no sufficient grounds for 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. (6) In any case where the Lokayukta or an Upalokayukta decides not to entertain a complaint or to discontinue any investigation in respect of a complaint he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned. (7) The conduct of an investigation 1[under this Act against a public servant] 1 in respect of any action shall not affect such action, or any power or duty of 1[any other public servant] 1 to take further action with respect to any matter subject to the investigation. 10. Issue of search warrant, etc. - (1) Where in consequence of information in his possession, the Lokayukta or an Upalokayukta,- (a) has reason to believe that any person,- (i) to whom a summon 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 wil l be necessary or useful for or relevant to any inquiry or other proceeding to be conducted by him; (ii) is in possession of any money, bullion, jewelry or other valuable article or thing and such money, bullion, jeweller 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, - he may by a search warrant authorise any Police Officer not below the rank of an 1[Inspector of Police to conduct a search or carry out an inspection in accordance therewith and in particular to]1 1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986. 13 (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; 1[(ia) search any person who is reasonably suspected of concealing about his person any article for which search should be made.]1 1. Inserted by Act 31 of 1986 w.e.f. 16.6.1986. (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 marks 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 the Code of Criminal Procedure, 1973 relating to search and seizure shall apply, so far as may be, to searches and seizures 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. 11. Evidence. - (1) Subject to the provisions of this section, for the purpose of any investigation (including the preliminary inquiry if any, before such investigation) under this Act, the Lokayukta or an Upalokayukta 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. (2) For the purpose of any such investigation (including the preliminary inquiry) the Lokayukta or an Upalokayukta shall have all the powers of a civil court 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 proceeding before the Lokayukta or an Upalokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code. (4) 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 affairs of the State of Karnataka or the security or defence or international relations of India (including India's relations with the Government of any other country or with any international organisation); (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, a certificate issued by the Chief Secretary 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. (5) For the purpose of investigation under this Act no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before a court. 12. Reports of Lokayukta, etc.- (1) If, after investigation of any action 1[ x x x ]1 involving a grievance has been made, the Lokayukta or an Upalokayukta is satisfied that such action has resulted in injustice or undue hardship to the complainant or to any other person, t he Lokayukta or an Upalokayukta shall, by a report in writing, recommend to the competent authority concerned that such injustice or hardship shall be remedied or redressed in such manner and within such time as may be specified in the report. 1. Omitted by Act 31 of 1986 w.e.f. 16.6.1986. (2) The competent authority to whom a report is sent under sub- section (1) shall, within one month of the expiry of the period specified in the report, intimate or cause to be intimated to the Lokayukta or the Upalokayukta the action taken on the report. (3) If, after investigation of any action 1[XXX]1 involving an allegation has been made, the Lokayukta or an Upalokayukta is satisfied that such allegation 2[ is substantiated]2 either wholly or 14 partly, he shall by report in writing communicate his findings and recommendations along with the relevant documents, materials and other evidence to the competent authority. 1. Omitted by Act 31 of 1986 w.e.f. 16.6.1986. 2. Substituted by Act 31 of 1986 w.e.f. 16.6.1986. (4) The Competent authority shall examine the report forwarded to it under sub- section (3) and within three months of the date of receipt of the report, intimate or cause to be intimated to the Lokayukta or the Upalokayukta the action taken or proposed to be t aken on the basis of the report. (5) If the Lokayukta or the Upalokayukta is satisfied with the action taken or proposed to be taken on his recommendations or findings referred to in sub- sections (1) and (3), he shall close the case under information to t he 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 competent authority concerned and the complainant. 2[1[(6) The Lokayukta shall present on or before 31 st October of every year, a consolidated report on the performance of his functions and that of the Upalokayukta under this Act to the Governor. ]1]2 1. Substituted by Act 1 of 1988 w.e.f. 25.2.1988. 2. Substituted by Act, 35 of 2015 w.e.f. 25.08.2015 (7) On receipt of the special report under sub- section (5), or the annual report under sub- section (6), the Governor shall cause a copy thereof together with an explanatory memorandum to be laid before each House of the State Legislature. (8) The Lokayukta or an Upalokayukta may at his discretion make available, from time to time, the substance of cases closed or otherwise disposed of by him which may appear to him to be of general, pub lic, academic or professional interest in such manner and to such persons as he may deem appropriate. 13. Public servant to vacate office if directed by Lokayukta, etc. - (1) Where after investigation into a complaint the Lokayukta or an Upalokayukta is s atisfied that the complaint involving an allegation against the public servant 2[is substantiated] 2 and that the public servant concerned should not continue to hold the post held by him, the Lokayukta or the Upalokayukta shall make a declaration to that effect in his report under sub section (3) of section 12. 1[ Where the competent authority is the Governor, State Government or the Chief Minister, it may either accept or reject the declaration. 3 [after giving an opportunity of being heard] 3 In other cases, the competent authority shall send a copy of such report to the State Government which may either accept or reject the declaration.] 13 [after giving an opportunity of being heard] 3 If it is not rejected within a period of three months from the date of receipt of the report 1[ or the copy of the report, as the case may be] 1 it shall be deemed to have been accepted 2[ x x x ]2 on the expiry of the said period of three months. 1. Substituted by Act 31 of 1986 w.e.f. 16.6.1986. 3. Omitted by Act 31 of 1986 w.e.f. 16.6.1986. 4. Inserted by Act 25 of 2010 w.e.f.23.07.2010. (2) If the declaration so made is accepted or is deemed to have been 1[accepted ]1 the fact of such acceptance or the deemed acceptance 1[shall, immediately be intimated by registered post by the Governor, the State Government or the Chief Minister, if any of them is the competent authority and the State Government in other cases] 1 then, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the pub lic servant conc
Excerpt shown. Open the full act in Lexace.
‹ Prev All Karnataka acts Next ›
Lexace India is a legal-information & technology platform — not a law firm. It does not advertise, solicit work, or provide legal advice, and no advocate–client relationship is created. Bare-act text for general information; verify against the official source.