LexThe Madhya Pradesh Lok Aayukt evam Up Lok Aayukt Adhiniyam, 1981 tatha Uske Adheen Banaye Gaye Niyam
Madhya Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE MADHYA PRADESH ACT NO. 37 of 1981
(Received the assent of the President on the 16 th September, 1981. Assent first
published in the “ Madhya Pradesh Gaze tte (Extra- ordinary)” dated the 15 th October,
1981).
An Act to make provision for the appointment and functions of certain
authorities for the enquiry into th e allegation against “Public Servants.”
1 and for
matters connected there with.
Be it enacted by Madhya Pradesh Legislatur e in the Thirty – second year of the
Republic of India as follows: -
1. Short title, extent and commencement: – (1) This Act may be called the
Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981.
(1) It extends to the whole of the State of Madhya Pradesh.
(2) It shall come into force on such date
2 as the State Government may, by
notification, appoint.
2. Definitions: – In this Act, unless the context otherwise requires –
(a) “officer” means a person appointed to a public service or post in
connection with the affairs of the State of Madhya Pradesh;
(b) “allegation” in relation to a public servant means any affirmation that
such public servant,
(i) has abused his position as such to obt ain any gain or favour to himself or
to any other person or to cause undue harm to any person;
(ii) was actuated in the discharge of his functions as such public servant by
improper or corrupt motives:
(iii) is guilty of corruption; or
(iv) is in possession of pecuniary res ources or property disproportionate to his
known source of income and such pecuni ary resources or property is held
by the public servant personally or by any member of his family or by
some other person on his behalf.
Explanation:– For the purpose of this sub-clause “ family” means
husband, wife, sons and unmarried daughters living jointly with him;
(c) “ Up-Lokayukt ” means a person appointed as a Up-Lokayukt under
Section - 3;
(d) “action” means action by way of prosecution or otherwise taken on the
report of the Lokayukt or the Up-Lokayukt and includes failure to act, and
all other expressions connecting action shall be construed accordingly;
1 The words “ public servants” substituted for the word s “certain high dignitaries and others vide the
Madhya Pradesh Lokayukt Evam Up-Lokayukt (Sans hodhan) Adhiniyam, 1986. Published in M.P.
Rajpatra dt. 9 Jan.1987 (p.91)
2 This Act shall come into force from 14 th Feb. 1982, vide Notification No. F-E5 (6) – 198 –1-5 dt.
14 th Feb. 1982, published in M.P. Rajpatra (Asadharan) dt. 14-2-82, p. 161.
(e) “Minister” means a member of th e Council of Ministers by whatever name
called for the State of Madhya Prades h, that is to say.(Chief Minister) 1,
Deputy Chief Minister, Minister, Minist er of State, Deputy Minister and
Parliamentary Secretary (….) 2,3 and shall include Neta Pratipaksha as defined
in clause A of section 2 of th e Madhya Pradesh Vidhan Mandal Neta
Pratipaksha ( Vetan Tatha Bhatta ) Adhiniyam, 1980 ( No. 8 of 1980)”
(f) “Lokayukt” means a person appointed as the Lokayukt under section 3;
(g) “Public servant” means a person falling under any of the following categories,
namely :-
(i) Minister;
(ii) a person having the rank of a Minister but shall not include Speaker and
Deputy Speaker of the Madhya Pradesh Vidhan Sabha;
(iii) an officer referred to in clause (a);
(iv)
4[an officer of an Apex So ciety or Central Society within the meaning of
clause (t-1) read with clause s (a-1) , (c-1) and (z) of section 2 of the Madhya
Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961).”
(v) 5[Any person holding any office in , or any employee of –
(i) a Government Company within th e meaning of section 617 of the
Companies Act, 1956; or
(ii) a Corporation or Local Author ity established by State Government
under a Central or State enactment.
(vi) 6(a) Up-Kulpati, Adhyacharya and Kul S achiva of the Indira Kala Sangit
Vishwavidyalaya constituted under section 3 of the Indira Kala Sangit
Vishwavidyalaya Act, 1956 ( No. 19 of 1956);
(b) Kulpati and Registrar of the Jawa harlal Nehru Krishi Vishwavidyalaya
constituted under section 3 of the Jawaha rlal Nehru Krishi Vishwavidyalaya
Act, 1963 ( No. 12 of 1963);
1 Word “Chief Minister” inserted by M.P.Amendment Act No.7 of 1982, published in
M.P.Rajpatra ( Asadhran) dt. 27.3.82 pp. 426-428
2 Omitted by ibid.
3 Added by ibid
4 Substituted for the words "an officer of an Apex Co-operative Society or District Co-
operative Society within the m eaning of clause (u) of section 2 of the Madhya Pradesh
Co-operative Societies Act, 1960 (No. 17 of 1961)" vide Madhya Pradesh Amendment
Act No. 25 of 1998 , published in M.P. Rajpatra on 31.8.98
5 Substituted for item ( v) of clause (g) of sec. 2 of the Principal Act vide the Madhya
Pradesh Lokayukt Evam Up-Lokayukt Sanshodhan Adhiniyam, 1986, published in
“Madhya Pradesh Rajpatra” dted 9 th January , 1987 ( p. 91)
The original item (v) stood as under :-
(i) a Chairman or member of Board of Dir ectors of a Government Company within the
meaning of section 617 of the Companies Act, 1956;
(ii) President, Vice- President, Chairman, Vice-Chairm an by whatever name called,
General Manager and Secretary of a State Le vel Corporation established by or under a
Central or State Act and having jurisdiction throughout the state;”
6 Inserted by Madhya Pradesh Amendment Act No. 5 of 1985, published in Madhya
Pradesh Rajpatra (Asadharan) dated 26.4.1985 ( p.1016)
Kulpati, Rector and Registrar of the Vishwavidyalay constituted under section 5 of the
Madhya Pradesh Vishwavidyalay Adhiniyam, 1973 ( No. 22 of 1973).”
(h) “Competent authority”. (i) in the case of a Minister or Secretary. – in relation to a
public servant, means Chief Minister or during the period of operation of
proclamation issued under Article 356 of the Constitution of India , the Governor;
(ii) in the case of any other public servant. – Such authority, as may be
prescribed;
(iii)“Secretary” means the Chief Secretary, a Principal Secretary, an Additional
Chief Secretary and a Secretary to Government of Madhya Pradesh and
includes an Additional Secretary and a Special Secretary.
3. Appointment of Lokayukt and Up-Lokayukt. – (1) For the purpose of
conducting investigations in accordance w ith the provisions of this Act, the
Governor shall, by warrant under his hand and seal, appoint a person to be known
as the Lokayukt and one or more persons to be known as Up-Lokayukt. Provided
that –
(a) The Lokayukt shall be appoint ed after consultation with the
1Chief Justice of
the High Court of M.P. and Leader of the Opposition in the Legislative
Assembly, or if there be no such Leader , a person selected in this behalf by
Members of the Opposition in that H ouse in such manner as the Speaker
may direct;
(b) Up-Lokayukt shall be appointed after consultation with Lokayukt, or
where a sitting Judge of a High Court is to be appointed, the Chief Justice
of that High Court in which he is working, shall also be consulted.
2
(2) A person shall not be qualified for appointment as,- 3
(a) Lokayukt unless he has been a Judge of the Supreme Court or 4or
Chief Justice or Judge of any High Court in India.
(b) Up-Lokayukt, unless he is or has been a Judge of any High Court in
India or has held the Office of the S ecretary to Government of India or
has held any other post under Central or a State Government carrying a
scale of pay 5which is not less than that of a Additional Secretary to
Government of India.
1 Words “Chief Justice of the High Court of Madhya Pradesh and” inserted by Madhya Pradesh
Amendment Act no. 7 of 1982, published in “ Madhya Pradesh Rajpatra”(Asadharan) pages
426-428.
2 Substituted for clause (b) of the proviso to sub-section (1) of section 3 of the Principal Act
vide the Madhya Pradesh Lokayukt Evam Up-Lokayukt (Sanshodhan) Adhiniyam, 1986
published in “Madhya Pradesh Rajpatra” dated 9 January, 1987 ( p 91) , the original clause
(b) being “ Up-Lokayukt shall be appointed after consultation with the Lokayukt.”
3 Substituted for sub-section(2) of Sec. 3 of the Principal Act vide the Madhya Pradesh
Lokayukt Evam Up-Lokayukt ( Sanshodhan ) Adhiniyam, 1986, published in “ Madhya
Pradesh Rajpatra” dated 9 th Jan. 1987 ( p. 91). Substitution was made only for sub-clause (b)
sub-section (2) of sec. 3 which stood as “ Up -Lokayukt, unless he has been a Judge of any
High Court in India or has held the office of the Secretary to the Government of India or of
Chief Secretary to any State Government.
4 Substituted for the words "or the Chief Justice of any High Court in India" vide M.P.
Amendment Act No.24 of 2003.
5 Substituted for the words "which is not less than that of a secretary to Government of India"
vide M.P. Amendment Act No.24 of 2003.
(3) Every person appointed as Lokayukt or Up-Lokayukt shall before entering
upon his office, make and subscribe be fore 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.
(4) The Up-Lokayukt shall be subject to the administrative control of the
Lokayukt and in particular, for the purpose of convenient disposal of
investigations under this Act, the Loka yukt may issue such general or special
directions as he may consider necessary to the Up-Lokayukt and may
withdraw to himself or may
1“ subject to the provisions of section 7”, make
over any case to Up-Lokayukt for disposal:
Provided that, nothing in this sub-secti on shall be construed to authorise the
Lokayukt to question any finding, conclusion, recommendation of Up-Lokayukt.
4. Lokayukt or Up-Lokayukt to hold no other office – The Lokayukt or Up-
Lokayukt shall not be a member of Parliame nt or a member of the Legislature of
any State and shall not hold a ny other office of trust or profit or be an officer of a
Co-operative Society and shall not be conn ected with any political party or carry
on any business or practice any professi on, and accordingly before he enters upon
his office, a person appointed as the Lokayukt or Up-Lokayukt as the case may
be, 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 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 carrying on any business, sever his connection (short of divesting
himself of ownership) with th e 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 condition s of service of Lokayukt and Up-
Lokayukt-
(1) Every person appointed as Lokayukt or Up-Lokayukt shall hold office for a
term of [six years]
2 from the date on which he en ters upon his office and shall
not be eligible for re-appointment thereafter :
Provided that:
(a) Lokayukt or Up-Lokayukt may, by writing under his hand addressed
to the Governor, resign his offi ce and such resignation shall be
effective as soon as it is tendered;
(b) Lokayukt or Up-Lokayukt may be removed from office in the manner
specified in section 6.
1 Inserted by Amendment Act. No. 7 of 1982, published in “Madhya Pradesh Rajpatra”
(Asadharan dt. 28.7.1982) ( pp. 426-428).
2 Substituted for the words “five years” vide M.P. Amendment Act No.25 of 1998 published in
the Rajpatra on 31.8.98 .
(2) 1In the event of occurrence of any v acancy in the office of the Lokayukt by
reason of his death, resignation, removal or for any other reason the Up-
Lokayukt or if there are more than one th en such one of them as the Governor
may, by order, direct, shall notwithsta nding anything contained in clause (a)
of sub-section (2) of section 3, act as Lokayukt until the date a new Lokayukt
appointed in accordance with the provisions of this Act to fill such vacancy
enters upon his office.
(2–A) When the Lokayukt is unable to discharge his function owing to absence,
illness or any other cause, the Up-Lokayukt or if there are more than one then
such one of them as the Governor ma y, by order, direct, shall notwithstanding
anything contained in clause (a) of sub-section (2) of Section 3, discharge his
functions until the date the Lokayukt resumes his duties.
(2–B) The Up-Lokayukt, shall, during and in respect of the period while he is so
acting as or discharging the functions of Lokayukt, have all powers and
immunities of the Lokayukt and be entitled to salary, allowances and
perquisites as are specified in the Second Schedule in relation to Lokayukt.
(2-C) A vacancy occurring in the office of the Lokayukt or an Up-Lokayukt by
reason of his death, resignation or removal shall be filled in as soon as
possible but not later than one year from the date of occurrence of such
vacancy”.
(3) On ceasing to hold office, Lokayukt or Up-Lokayukt shall be ineligible for
further employment (whether as Loka yukt or Up-Lokayukt or in any other
capacity) under the Government of Madhya Pradesh or for any employment
under or office in any such Co-operative Society, Government Company or
Corporation
2 “under the administrative cont rol of the Govt. of Madhya
Pradesh” as is referred to in sub-clause (iv) and (v) of clause (g) of section - 2.
1 Substituted for sub-section (2) of Section 5 of the Principal Act. vide the Madhya Pradesh
Lokayukt Evam Up-Lokayukt (Sanshodhan) A dhiniyam, 1986 Published in “Madhya Pradesh
Rajpatra” dated 9 th January, 1987 (p/92). The original sub-section (2) Sec. 5 was “ (2) If the
office of Lokayukt temporarily fall vacant by reason of absence or because he is unable to perform
the duties of his office, Up-Loayukt , or if there are more than one then su ch one of them as the
Governor may , by order, direct, shall officiate as Lokayukt and perform the duties of office till the
Lokayukt resumes back his duty :
Provided that a vacancy occurring in the office of the Lokayukt Up-Loka yukt shall be filled in as
possible but not later than six months from the date of occurrence of such vacancy .”
2 Words “under the Administrative Control of Government of Madhya Pradesh” inserted vide
Madhya Pradesh Amendment Act. No. 7 of 1982, published in Madhya Pradesh Rajpatra
(Asadharan) dated 27.3.82 ( pp. 426-428).
(4) 3The salary, allowances, pension and other perquisites payable to and other
conditions of service of Lokayukta shall be the same as admissible to him before
his appointment as contained in th e Supreme Court Judges (Conditions of
Service) Act, 1958 (No.41 of 1958), or the High Court Judges (Conditions of
Service) Act, 1954 (No.28 of 1954) and the rules made under the aforesaid Acts
as the case may be:-
(5) The salary, allowances, pension and other perquisites payable to and other
conditions of service of Up-Lokayukt shall be the same as admissible to a sitting
Judge of a High Court as contained in the High Court Judges (Conditions of
Service) Act, 1954 (No. 28 of 1954) and rules made there under:
Provided that, if the Lokayukt or an Up -Lokayukt at the time of his appointment
is in receipt of a pension (other than a disability or wound pension) in respect of
any previous service, his salary in resp ect of service as the Lokayukt or as the
case may be, Up-Lokayukt shall be reduced –
(a) by the amount of that pension ; and
(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.
6. Removal of Lokayukt:–
(1) The Lokayukt shall not be removed fr om his office except by an order of the
Governor passed after an address by the Madhya Pradesh 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 ground of proved misbehaviour or incapacity.
(2) The procedure for the presentation of an address and for the investigation and
proof, of the misbehaviour or incapacity of the Lokayukt under sub section (1)
shall be as provided in the Judges (Inquiry) Act, 1968 (No. 51 of 1968), in
relation to the removal of a Judge and accordingly, the provisions of the Act
shall, subject to necessary modifications apply in relation to the removal of
the Lokayukt as they apply in relation to the removal of Judge.
3 Substituted for the following Section (4) and (5) of the Principal Act vide Amendment Act No. 25
of 1998 published in the Rajpatra on 31.8.1998. Th e substitution shall be deemed to have been
made with effect from 1st January 1996.
(4) There shall be paid to Lokayukt and Up-Lokay ukt such salaries as are specified in the Second
Schedule.
(5) The allowances and pension payable to, and other conditions of service of Lokayukt or Up-
Lokayukt shall be such as made be prescribed:
Provided that:-
(a) in prescribing the allowances and pension payable to and other conditions of service of
Lokayukt, regard shall be had to the allowances and pensions payable to, and other conditions
of service of Judge of the Supreme Court or Chief Justice of a High Court.
(b) in prescribing the allowances and pension pa yable to and other conditions of service of Up-
Lokayukt, regard shall be had to the allowances and pensions payable to, and other conditions
of service of a Judge of a High Court or Secretary to the Government of India or the Chief
Secretary to a State Government.
Provided further that, the allowances and pensi on payable to, and other conditions of service of
Lokayukt or Up-Lokayukt shall not be varied to his disadvantage after his appointment."
7.1 Matters which may be enquired into by Lokayukt or Up-Lokayukt: –
Subject to the provision of this Act, on receiving complaint or other information:-
(i) the Lokayukt may proceed to enquire into an allegation made against a public
servant in relation to whom the Chief Minister is the competent authority.
(ii) the Up-Lokayukt may proceed to enquire into an allegation made against any
public, servant other than referred’ to in clause (i)
Provided that the Lokayukt may enquire into an allegation made against any
public servant referred to in clause (ii).
2Explanation:– For the purpose of this section the expressions “may proceed to
enquire”, AND “May enquire,” include inve stigation by Police agency put at the
disposal of Lokayukt and Up-Lokayukt in pursuance of sub-section (3) of
section 13.
8. Matter not subject to enquiry:– The Lokayukt or an Up-Lokayukt shall
not inquire into any matter :-
(a) in respect of which a formal and public inquiry has been ordered under the
Public Servants Inquiries Act, 1950 ( No. 37 of 1950) :
(b) Which has been referred for inquiry under the Commission of Inquiry Act,
1952 (No. 60 of 1952) : or
(c ) relating to an allegation against a public servant , if the complaint is made
after expiration of a period of five years from the date on which the
conduct complained against is alleged to have been committed.
1 Substituted vide Madhya Pradesh Amendment Act. No. 7 of 1982 published in “Madhya
Pradesh Rajpatra” (Asadharan) dated 27.3.82 (pp. 426-428). Before substitution, Sec. 7
stood as under :-
7 (1) Subject to the other provisions of the Act, on recei ving complaint or other
information. Lokayukt may proceed to enquire into an allegation made against a public
sevant.
(2)Subject to the general direction and control of the Lokayukt, the Up-Lokayukt sh all
enquire into allegations against the officers and the remaining matters shall fall within the
jurisdiction of Lokayukta.
2 Explanation to sec. 7 inserted vide Madhya Pradesh Lokayukt Evam Up-Lokayukt
(Dwitiya Sanshodhan) Adhiniyam, 1984, published in “Madhya Pradesh
Rajpatra”(Asadharan) dated 16.5.1984 ( p. 1536).
9. Provisions relating to complaints :-
(1) Every complaint involving an allegation shall be made in such form as may
be prescribed and shall be accomp anied by a deposit of 25 rupees. The
complainant shall also swear in affidav it in such form as may be prescribed
before the Lokayukt or any officer authorised by the Lokayukt in this behalf.
1“Provided that, in the case of a complaint against a public servant in
relation to whom the Chief Minister is not the competent authority,
neither the deposit nor affidavit shall be necessary ;
Provided further that, if in the opinion of the Lokayukt or the Up-
Lokayukt, it is necessary to have the deposit as well as the affidavit, he
may direct that the complainant shall also make the deposit of twenty five
rupees and submit an affidavit in the prescribed form before him or any
officer authorised by him.”
(1-a)
2 Notwithstanding anything contained in this Act or any other law enacted
by the State Legislature for the time be ing in force, any letter written to
the Lokayukt by a person in police custody or in a Jail or in any asylum or
other place for insane person, shall be forwarded to the Lokayukt
unopened and without delay by the Police Officer or person in charge of
such Jail, asylum or other place and the Lokayukt may, if satisfied that it is
necessary so to do, treat such letter as a complaint made in accordance
with the provisions of sub-section (1).”
(2) Notwithstanding anything contained in section 10 or any other provision
of the Act every person who wilfully or maliciously makes any false
complaint under this Act, shall, on conviction be punished with rigorous
imprisonment which may extend to two years or with fine which may
extend to five 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;
1 Inserted by Amendment Act No. 7 of 1982, published in “Madhya Pradesh Rajpatra” (Asadharan)
dated 27.3.82 ( pp. 426-428)
2 Inserted vide Amendment Act No. 25 of 1998, published in “Madhya Pradesh Rajpatra”
(Asadharan) dated 31.8.1998.
1Provided that no court shall take c ognisance of an offence punishable
under this section except on a complaint made by or under the authority of
the Lokayukt or Up-Lokayukt, as the case may be;
Provided further that the complaint ma de under the signature and seal of
Lokyukt and Up-Lokayukt shall be deemed as formally proved and the
evidence of Lokayukt and Up-Lokayukt shall not be necessary for the
purpose.
10. Procedure in respect of enquiry :- The Lokayukt or Up-Lokayukt shall, in each
case before it decide the procedure to be followed for making the enquiry
2 and in
so doing ensure that the principles of natural justice are satisfied.
11. Applicability of Evidence Act and Code of Criminal Procedure :-
(1) The general principles of powers conferred by Evidence Act, 1872, (No. 1 of
1872), and Criminal Procedure Code, 1973 (No.2 of 1974) shall as nearly as
may apply to the procedure of enquiry before Lokayukt or Up-Lokayukt in the
matter of –
(a) Summoning and enforcing the attendance of any person and
his examination on oath.
(b) requiring the discovery and production of documents and
proof there of.
(c) receiving evidence on affidavits :
(d) requisitioning any public record or copy thereof from any
court or office :
(e) issuing commission for examination of witness or
documents, and such other matters as may be prescribed :
Provided that no proceeding before the Lokayukt or Up-Lokayukt shall be
invalidated only on account of want of formal proof if the principles of natural
justice are satisfied.
3Provided further that where it is necessary to summon any Government
servant in his official capacity, his stat ement on affidavit shall be deemed to
be sufficient as evidence.
(2) Any proceeding before the Lokayukt or Up-Lokayukt shall be deemed to be a
judicial proceeding within the meaning of section 193 4 and section 228 of the
Indian Penal Code, 1860 (No. 45 of 1860).
(3) The Lokayukt or the Up-Lokayukt shall be deemed to be court within the
meaning of Contempt of Court Act, 1971 (No. LXX of 1971).
1 Inserted by Amendment Act No. 7 of 1982, published in “Madhya Pradesh Rajpatra” (Asadharan)
dated 27.3.82 ( pp. 426-428)
2 Substituted ibid. The substitution was only to the extent that the words” and in so doing
ensure “ were substituted for the word “provided”.
3 Inserted by Amendment Act No.24 of 2003.
4. Words “and section 228” inserted vide Amendment Act No. 7 0f 1982.
12. Report of Lokayukt and Up-Lokayukt :-
(1) If, after enquiry into the allegations, the Lokayukt or an Up-Lokayukt is
satisfied that such allegation is esta blished, he shall , by report in writing,
communicate his findings and recomme ndation along with the relevant
documents, materials and other evidence to the competent authority.
(2) The competent authority shall ex amine the report forwarded to it under
sub-section (3) and intimate, within thr ee months of the date of receipt of
the report, the Lokayukt or, as the case may be , the Up-Lokayukt, the
action taken or proposed to be taken on the basis of the report.
(3) If the Lokayukt or Up-Lokayukt is satisfied with the action taken or
proposed to be taken on his recommendations, he shall close the case
under information to the complain ant, the public servant and the
competent authority concerned. In any other case, if he considers that the
case so deserves, he may make a special report upon the case to the
Governor and also inform the complainant concerned.
(4) The Lokayukt and the Up-Lokayukt shall present annually a consolidated
report on the performance of their functions under this Act, to the
Governor.
(5) If in any special report under sub-section (3) or the annual report under
sub-section (4) any adverse comment is made against any public servant,
such report shall also contain the substance of the defence adduced by
such public servant and the comment made thereon by or on behalf of the
State Government or department con cerned of the State Government or
the public authority concerned, as the case may be.
(6) On receipt of a special report under sub-section (3), or the annual report
under sub-section (4), the Governor sh all cause a copy there of together
with an explanatory memorandum to be laid before the State Legislative
Assembly.
(7) Subject to the provisions of secti on 10, the Lokayukt may at his discretion
make available from time to time, the substance of cases closed or
otherwise disposed of by him or by an Up-Lokayukt, which may appear to
him to be of general public, academic or professional interest, in such
manner and to such persons as he may deem appropriate.
12-A Reports in respect of complaint against the Chief Minister or Neta
Prati Paksha:-
(1) The Lokayukt shall send his report in respect of a complaint against the
Chief Minister or the Neta Prati pa ksha with his recommendations to the
Governor who shall take such action as he may deem fit or expedient on
the report.
(2) The report of the Lokayukt and the order passed by the Governor shall be
laid on the table of the Legislative Assembly.
13. Staff of Lokayukt and Up-Lokayukt:-
(1) The Lokayukt may appoint or aut horise an Up-Lokayukt or any officer
subordinate to the Lokayukt or an Up-Lokayukt to appoint officers and
other employees to assist the L okayukt and the Up-Lokayukt in the
discharge of their functions under this Act.
(2) The categories of officers and em ployees who may be appointed under
sub-section (1) , their salaries , allo wances and other conditions of service
and the administrative powers of th e Lokayukt and the Up-Lokayukt shall
be such as may be prescribed, after consultation with the Lokayukt.
(3) Without prejudice to the provisions of sub-section (1) the Lokayukt or an
Up-Lokayukt may, for the purpose of conducting enquiries under this Act,
utilize the service of :-
1(i) [Divisional Vigilance Committee] constituted under Section 13-A.
(ii) any officer or investigati on agency of the State or Central
Government, with the concurrence of that Government, or
(iii) any other person or agency.
(4) The services of officers and empl oyees, other than those appointed by the
Lokayukt under sub-section (1) shall not be taken back before the expiry
of the period of deputation by the c oncerned department without prior
concurrence of the Lokayukt.
213-A 3[Divisional Vigilance Committee]
(1) The State Government may, by notification in the official Gazette constitute a
4[Divisional Vigilance Committee] for each division consisting of three members
out of whom one shall be retired Judici al Officer not below the rank of a Civil
Judge Class-I or a retired executive offi cer having experience of court’s working
not below the rank of a class-I Officer of the State Government.
1 Substituted for the words "Dis trict Vigilance Committee" vide Amendment Act No. 24 of 2003.
2 Section 13-A inserted vide Amendment Act No . 20 of 1994. Section 13-A (1) substituted vide
Amendment No. 2 of 1995. Before Substitution 13-A (1) stood as under :-
13-A (1) The State Government may, by notification in the Official Gazette constitute a District
Vigilance Committee for each District consisting of the following three members :-
(a) Two non-official members and
(b) A retired Judicial Officer not below the rank of a Civil Judge Class – I or a retired
Gazetted Officer of the State Government.
.3 Substituted for the words "Dis trict Vigilance Committee" vide Amendment Act No.24 of 2003.
4 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003.
(2) One of the members shall be the Chairp erson of the committee. The Chairperson
and the members shall be appoi nted by the State Government 1[on the
recommendation of] Lokayukt.
(3)
2 Every member of the 3[Divisional Vigilance Committee shall hold office for a
term of 3 years and shall be eligible for re-appointment for another term not
exceeding three years. However no member shall hold office as such after he has
attained the age of 70 years:
Provided that the Chairperson or a member may resign his office before expiry of
his term by sending a letter to the Lokayukt:
Provided further that the chairperson or a member may be removed by State
Government, on grounds of misconduct of physical or mental incapacity for
discharging duties of the office, on the recommendations of the Lokayukt.
(3-A) The minimum age for appointment as a member shall be thirty five years.]
(4) The State Government may authorise a
4[Divisional Vigilance Committee] to
have jurisdiction over another division also for which no separate Committee is
constituted.
(5) A
5[Divisional Vigilance Committee] shall e nquire into a complaint referred to it
by the Lokayukt or the Up-Lokayukt and s ubmit a report to the Lokayukt or the
Up-Lokayukt, as the case may be.
(6) In holding the enquiry, the Committee shall ensure that the principles of natural
justice are observed. The Committee sha ll have the powers under the Code of
Criminal Procedure, 1973 (2 of 1974) in respect of the following matters:-
(a) Summoning and enforcing the a ttendance of any person and his
examination on oath.
(b) Requiring the discovery and production of documents and proof thereof.
(c) Receiving evidence on affidavits.
(d) Requisitioning any public record or c opy thereof from any court or office.
(e) Issuing commission for examination of witness or documents and such
other matters as may be prescribed.
1 The words “ On recommendation of” Substituted for the words “in Consultation with” vide
Amendment Act No.2 of 1995.
2 Substituted for sub-section (3) of Section 13- A vide M.P .Amendment Act 25 of 1998 Published
in the Rajpatra on 31.8.1998.
"(3) Every member of the Dist rict Vigilance Committee shall hold office for a term of 3 years
or upto the age of 70 years, whichever is earlier. However, the minimum age for
appointment as a member shall be thirty five years.
Provided further that the Chairperson or a member can resign his office before expiry of the term
by sending letter to the Lokayukt.
Provided further that the Chairperson or a member may be removed by the State Government on
the ground of misconduct on the recommendation of the Lokayukt.
3 Substituted for the words "Dis trict Vigilance Committee" vide Amendment Act No.24 of 2003.
4 Substituted for the words "Dis trict Vigilance Committee" vide Amendment Act No.24 of 2003.
5 Substituted for the words "Dis trict Vigilance Committee" vide Amendment Act No.24 of 2003.
(7) Subject to foregoing provisions the pro cedure relating to conduct of meetings of
the Committee, its place of sitting and othe r allied matters, shall be such as may
be prescribed by the State Government in consultation with the Lokayukt.
(8) The Committee shall discharge the func tions under the administrative control of
the Lokayukt who may issue such general or special directions as he may think fit
for smooth and efficient functioning of the committees.
14. Secrecy of Information:-
(1) Any information obtained by the Lokayukt or the Up-Lokayukt or
members of their staff in the cour se of or for the purpose of any
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 Indian Evidence Act, 1872, no
Court shall be entitled to compel th e Lokayukt or an Up-Lokayukt or any
public servant to give evidence relating to such information or produce the
evidence so reported or collected.
(2) Nothing in sub-section (1) shall apply to the disclosure of any information
or particulars:-
(f) for purposes of the enquiry or in any report to be made there on or for
any action or proceedings to be taken on such report : or
(g) for purposes of any proceeding for an offence under the Official
Secrets Act, 1923 (No. 19 of 1923), or any offence of giving or
fabricating false evidence under the Indian Penal Code or for purpose
of any proceedings under Section 15 : or
(h) for such other purposes as may be prescribed .
(3) An officer or other authority prescrib ed in this behalf may give notice in
writing to the Lokayukt or an Up-L okayukt, as the case may be, with
respect to any document or informati on of that class of documents so
specified that in the opinion of the St ate Government the disclosure of the
documents or information, of that class would be contrary to public
interest and where such a notice is given, nothing in this Act, shall be
construed as authorising or requi ring the Lokayukt, Up-Lokayukt or any
member of their staff to communi cate to any person any document or
information specified in the notice or any document or information of a
class so specified.
15. Protection:- No suit, prosecution or other legal proceeding shall lie against the
Lokayukt or the Up-Lokayukt or against any officer, employee, agency or person
referred to in section 13 in respect of anything which is in good faith done or
intended to be done under this Act.
16. Lokayukt to make suggestions:- The Lokayukt, if in the discharge of his
function under this Act, notices a practice or procedure which in his opinion
affords an opportunity for corruption or mal-administration, he may bring to the
notice of the Government and may suggest such improvement in the said practice
or procedure as he may deem fit.
17. Power to make rules:-
(1) The Governor may, by notification, ma ke rules for the purpose of carrying
into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of powers in sub-
section (1), the State Government in consultation with the Lokayukt may
by rules provide for the mode and manne r of selection of Chairperson and
Members of the
1[Divisional Vigilance Committee], their honorarium and
other allowances, conditions of service, staff of the Committee and allied
matters.
(3) All rules made under this section shall be laid on the table of the
Legislative Assembly.
18. Removal of doubts:- For the removal of doubts it is here by declared that nothing
in this Act shall be construed to aut horise the Lokayukt or an Up- Lokayukt to
enquire into an allegation against :-
a. any member of the Judicial Serv ice who is under the administrative
control of the High Court under Ar ticle 235 of the constitution of
India.
b. the Chairman or a member of the Madhya Pradesh State Public
Service Commission.
19. Saving :- The provision of this Act shall be in addition to the provisions of any
other enactment or any rule of law under which any remedy by way of appeal,
revision, review or in any other manner is available to a person making a
complaint under this Act in respect of any action, and nothing in this Act shall
limit or affect the right of such person to avail of such remedy.
20. Transfer of complaints pending before Vigilance Commissioner and
prohibition to entertain complaints disposed of prior to commencement of
this Act.
(1) All complaints pending before th e Vigilance Commissioner immediately
before the commencement of this Ac t, shall , on such commencement,
stand transferred to the Lokayukt or Up-Lokayukt, as the case may be, and
shall thereupon be disposed of by the Lokayukt or Up-Lokayukt as if they
were complaints entertained by him under this Act.
1 Substituted for the words "District Vigilan ce Committee" vide Amendment Act No. 24 of 2003.
(2) No complaint disposed of by the Vigilance Commissioner, prior to the
commencement of this Act, shall be entertained by the Lokayukt or Up-
Lokayukt under this Act.
Provided that the Lokayukt or Up-Lokayukt, as the case may be, may, if
he considers it necessary to do so to m eet the ends of justice, enquire into
any complaint finally disposed of by Vigilance Commissioner within a
period of two years prior to the commencement of this Act.
* * * * * * *
FORM – 1
(See Rule 6)
Before the Lokayukt of Madhya Pradesh
Complainant…………………………………..A..B.……………………S/o……………..
……………………..….. ( Add description of profession, residence etc.)
In the matter of Allegation against XY ………………….... S/o ………………………….
holding the office of …………………………. at …………………………………………
The above named complainant is satisfied that the aforesaid public servant –
(i) has abused his position as such to obt ain any gain or favour to himself or
to any other person or to cause undue harm to any person , and / or
(ii) was actuated in the discharge of his functions as such public servant by
improper or corrupt motives, and / or
(iii) is guilty of corruption, and/or
(iv) is in possession of pecuniary resources or property disproportionate to his
known source of income and such pecuni ary resources or property is held
by the public servant personally or by any member of his family or by
some other person on his behalf .
(Strike out the clause or clauses not relevant to the complaint)
To support the allegations the applicant relies on the following facts and is
also filling an affidavit :-
(1)
(2)
(3)
(4)
The applicant is prepared to swear an affidavit again before the Lokayukt,
if so desired. The necessary deposit of Rs . …….. has been made, by affixing judicial
stamps of that value on the complaint .
Prayer
It is, therefore, prayed that an enquiry be made against the said public servant.
………………………….
Signature of applicant
Verification
I …………………. S/o …………………. R/o ……………. hereby verify that
the facts stated by me in paras ……. to …… in the complaint are true to my
personal knowledge and/ or are based on information received from …………….
( give the name ) and / or documents , and believed to be true.
Signature of applicant
FORM – 1
(See Rule 6)
Before the Lokayukt of Madhya Pradesh
Complainant…………………………………..A..B.……………………S/o……………..
……………………..…..( Add description of profession, residence etc. )
In the matter of Allegation against XY ………………….... S/o ………………………….
holding the office of …………………………. at …………………………………………
The above named complainant is satisfied that the aforesaid public servant :–
(j) has abused his position as such to obtain any gain or favour to himself or to
any other person or to cause undue harm to any person , and / or
(ii) was actuated in the discharge of his functions as
such public servant by improper or corrupt motives, and / or
(iii) is guilty of corruption, and/or
(iv) is in possession of pec uniary resources or property
disproportionate to his known source of income and such pecuniary resources
or property is held by the public servan t personally or by any member of his
family or by some other person on his behalf .
(Strike out the clause or clauses not relevant to the complaint)
To support the allegations the applicant relies on the following facts and is
also filling an affidavit :-
(1)
(2)
(3)
(4)
Prayer
It is, therefore, prayed that an enquiry be made against the said public servant.
………………………….
Signature of applicant
Verification
I …………………. S/o …………………. R/o ……………. hereby verify that
the facts stated by me in paras ……. to …… in the complaint are true to my
personal knowledge and/ or are based on information received from …………….
( give the name ) and / or documents , and believed to be true.
Signature of applicant
FORM – II
(See Rule 6)
Form of Affidavit
I, …………… son of Shri ……………….. age …….. Profession…………….
resident of …………. P.S. …………. Distri ct ……… at present at ………..P.S.
………..District ………… do hereby solemnly affirm and state as follows :-
(1) That I am the complainant in this case,
(2) That the statements of this complaint petition have been read by / read
over to me and understood / heard by me and that they are true to the
best of my knowledge and belief,
(3) That the fact stated by me in paras …. to …. are true to the best of my
knowledge and facts stated in para s …..to ….. are true to my belief
and derived from the information given to me by Shri ………/
document which, I believe to be true.
Date ………..
……………………………………………..
Signature or thumb mark of the deponent.
Identification
I,……………. identify the signature / thumb mark of Shri ……… who
has signed / has given thumb mark on this affidavit in my presence.
……………………
Signature and address of the identifier with date
Affidavit sworn before me ……………….
Designation of the authority
before whom affidavit is sworn.
Date ……..
Palce …….