LexThe Maharashtra Lokayukta Act, 2023.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2025 : Mah. XLVI] 1
THE MAHARASHTRA LOKAYUKTA ACT, 2023
[Text as on 7th January 2026]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
CHAPTER II
DEFINITIONS
2. Definitions.
CHAPTER III
ESTABLISHMENT OF LOKAYUKTA
3. Establishment of Lokayukta.
4. Appointment of Chairperson and Members.
5. Filling of vacancies of Chairperson or Members.
6. Term of office of Chairperson and Members.
7. Salary, allowances and other conditions of service of Chairperson and Members.
8. Restriction on employment of Chairperson and Members after ceasing to hold office.
9. Member to act as Chairperson or to discharge his functions in certain circumstances.
10. Secretary, other officers and staff of Lokayukta.
11. Expenses of Lokayukta to be charged on Consolidated Fund of State.
CHAPTER IV
JURISDICTION OF LOKAYUKTA
12. Jurisdiction of Lokayukta.
13. Bar of inquiry or investigation.
14. Procedure of making complaint under Act.
15. Conferment of additional functions on Lokayukta.
16. Matters pending before any court or committee or statutory authority for inquiry
not to be affected.
17. Constitution of benches of Lokayukta.
18. Distribution of business amongst benches.
19. Power of Chairperson to transfer cases.
20. Decision to be by majority.
CHAPTER V
PRELIMINARY INQUIRY AND INVESTIGATION BY LOKAYUKTA
21. Provisions relating to complaints under Prevention of Corruption Act, 1988.
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22. Consideration of views.
23. Preliminary Inquiry.
24. Investigation.
25. Persons likely to be prejudicially affected to be heard.
26. Lokayukta may require any public servant or any other person to furnish information, etc.
27. Secrecy of information.
28. Where previous approval is obtained, no other approval necessary.
29. Bar of sanction for prosecution.
30. Action on inquiry against public servant.
CHAPTER VI
COMPLAINTS OF GRIEVANCE
31. Complaints of grievance.
32. Report of Lokayukta.
CHAPTER VII
POWERS OF LOKAYUKTA
33. Supervisory powers of Lokayukta.
34. Search and seizure.
35. Lokayukta to have powers of civil court in certain cases.
36. Powers of Lokayukta to utilise services of officers of State Government.
37. Procedure for prohibition for alienation of assets.
38. Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of
corruption in special circumstances.
39. Powers of Lokayukta to recommend transfer or suspension of public servant connected with
allegation of corruption.
40. Powers of Lokayukta to give directions to prevent destruction of records during
preliminary inquiry.
41. Power to delegate.
42. Power to review.
CHAPTER VIII
SPECIAL COURTS
43. Special Courts.
44. Assessment of loss and recovery thereof by Special Court.
CHAPTER IX
REMOVAL OF CHAIRPERSON AND MEMBERS
45. Removal and suspension of Chairperson and Members.
46. Complaints against officials of Lokayukta.
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CHAPTER X
FINANCE, ACCOUNTS AND BUDGET
47. Budget.
48. Grants by State Government.
49. Annual statement of accounts.
CHAPTER XI
OFFENCES AND PENALTIES
50. Intentional insult or interruption to, or bringing into disrepute, Lokayukta.
51. Prosecution for false complaint and payment of compensation, etc., to public servant.
52. False complaint made by society or association of persons or trust.
CHAPTER XII
MISCELLANEOUS
53. Furnishing of returns, etc., to State Government.
54. Annual report of Lokayukta.
55. Protection of action taken in good faith by any public servant.
56. Chairperson, Members, officers and employees of Lokayukta to be public servants.
57. Bar of jurisdiction.
58. Legal assistance.
59. Act to have overriding effect.
60. Provisions of this Act to be in addition of other laws.
61. Power to make rules.
62. Power of Lokayukta to make regulations.
63. Laying of rules and regulations.
64. Power to remove difficulties.
65. Removal of doubts.
66. Repeal and saving.
FIRST SCHEDULE
SECOND SCHEDULE
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 50 of 2025 (26-12-2025)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
6 The Maharashtra Lokayukta Act, 2023 [2025 : Mah. XLVI
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MAHARASHTRA ACT No. XLVI OF 20251
[THE MAHARASHTRA LOKAYUKTA ACT, 2023.]
[This Act received the assent of the Governor on the 14th November 2025; assent was
first published in the Maharashtra Government Gazette, Part IV,
Extraordinary No. 58, on the 8th December 2025.]
An Act to provide for establishment of a body of Lokayukta for inquiry of administrative actions
taken by or on behalf of the Government of Maharashtra or certain public authorities in the
State of Maharashtra, in certain cases and to inquire into and investigate allegations of
corruption against them and for matters connected therewith or incidental thereto.
WHEREAS section 63 of the Lokpal and Lok ayuktas Act, 2013 (1 of 2014) provides that every
State shall establish a body to be known as the Lokayukta for the State, to deal with complaints relating
to corruption against certain public functionaries;
AND WHEREAS it is necessary to enact a new law on the lines of the Lokpal and Lokayukt as
Act, 2013 (1 of 2014) for the State of Maharashtra and to enlarge the scope of the existing Maharashtra
Lokayukta and Upa -Lokayuktas Act, 1971 (Mah. XLVI of 1971) and to entrust more powers
to Lokayukta;
AND WHEREAS it is expedient to provide for establishment of a body of Lokayukta for inquiry
of administrative actions taken by or on behalf of the Government of Maharashtra or certain public
authorities in the State of Maharashtra, in certain cases and to inquire into and to investigate allegations
of corruption against them and for matters connected therewith or incidental thereto; it is hereby
enacted in the Seventy-fourth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Lokayukta Act, 2023.
(2) It extends to the whole of the State of Maharashtra.
2[(3) (i) Sections 1, 3 and 4 shall come into force on the date of publication of this Act in the
Official Gazette.
(ii) Remaining sections shall come into force on such date, as the State Government may, by
notification in the Official Gazette , appoint and different dates may be appointed for different
provisions of this Act.]
CHAPTER II
DEFINITIONS
2. Definitions.— (1) In this Act, unless the context otherwise requires,—
(a) “action” means action taken by way of decision, recommendation or finding or in any other
manner and includes failure to act; and all other expressions connoting action shall be construed
accordingly;
(b) “administrative department” means the department specified under the Maharashtra
Government Rules of Business;
(c) “allegation” in relation to a public servant, means any affirmation that such public servant,—
(i) has abused his position as such to obtain any gain or favour to himself or to any other
person or to cause undue harm or hardship to any other person;
1 For Statement of Objects and Reasons of the L. A. Bill No. XXXVI of 2022, see Maharashtra Government Gazette ,
2022, Part VIII, Extraordinary No. 101, pages 36, 37, dated 26th December 2022.
2 Sub-section (3) was substituted by Mah. 50 of 2025, s. 2, w.e.f. 8th December 2025.
8 The Maharashtra Lokayukta Act, 2023 [2025 : Mah. XLVI
(ii) was actuated in the discharge of his functions as such public servant by personal interest
or improper or corrupt motives; or
(iii) is guilty of corruption or lack of integrity in his capacity as such public servant;
(d) “bench” means a bench of the Lokayukta;
(e) “Chairperson” means the Chairperson of the Lokayukta;
(f) “competent authority”, in relation to,—
(i) the Chief Minister, means the Maharashtra Legislative Assembly;
(ii) Ministers referred to in clause (o), means the Governor;
(iii) a Member of the Maharashtra State Legislature other than a Minister means,—
(a) in the case of a Member of the Maharashtra Legislative Council, the Chairman of
the Council; and
(b) in the case of a Member of the Maharashtra Legislative Assembly, the Speaker of
the Assembly;
(iv) persons referred to in clause ( d) of sub -section ( 1) of section 12, the Minister of the
concerned administrative department;
(v) All India Services Officers (including Indian Administrative Service, Indian Police
Service, Indian Forest Services, etc.), means the Chief Minister;
(vi) an officer in the depa rtment of the State Government means the Minister in -charge of
the department under which such officer is serving:
Provided that, if such officer is head of the department declared by the State Government
then, competent authority shall be the Chief Minister;
(vii) a Chairperson or Member of any body or board or corporation or authority or company
or society or autonomous body (by whatever name called) established or constituted under the
Act of the Parliament or of the State Legislature or wholly or part ly financed by the State
Government or controlled by it, means the Minister in-charge of the administrative department of
such body or board or corporation or authority or company or society or autonomous body:
Provided that, if such Chairperson or Member is All India Services Officer then, the
competent authority shall be the Chief Minister;
(viii) an officer of any body or board or corporation or authority or company or society or
autonomous body (by whatever name called) established or constituted unde r the Act of the
Parliament or of the State Legislature or wholly or partly financed by the State Government or
controlled by it, means the head of such body or board or corporation or authority or company or
society or autonomous body;
1[Explanation.— For the purposes of this Act, the Chairperson or Member or an Officer of
any body or board or corporation or authority or company or society or autonomous body (by
whatever name called) established or constituted under the Act of the Parliament, means only
such Chairperson, Member or person appointed by the State Government under the Act of
Parliament.]
(ix) in any other case not falling under sub-clauses (i) to (viii) above, means such department
or authority as the State Government may, by notification in the Official Gazette, specify:
Provided that, if any person referred to in sub -clause ( vii) or sub -clause ( viii) is also a
Member of the Maharashtra State Legislature but not being the Chief Minister or the Member of
the Council of Ministers, then the competent authority shall be—
(a) in case such Member is a Member of the Maharashtra Legislative Council, the
Chairman of the Council; and
1 This Explanation was added by Mah. 50 of 2025, s. 3(1).
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(b) in case such Member is a Member of the Maharashtra Legislative Assembly, the
Speaker of the Assembly:
Provided further that, for the purposes of this clause, in cases, where the complaint is made
against any person specified in this clause, in respect of corruption by such person, the competent
authority specified in this Act for the said person at the time of alleged act of corruption, shall be
the competent authority for taking action under this Act:
Provided also that, if the person against whom the complaint is made is the same person
acting as the competent authority for such complaint, in such a case, the Governor shall be the
competent authority for such person under this Act;
(g) “complaint” means a complaint made under this Act;
(h) “full bench” means bench of Lokayukta consisting of the Chairperson and all appointed
Members which shall not be less than three including Chairperson;
(i) “grievance” means a claim by a person that he sustained injustice or undue hardsh ip in
consequence of maladministration;
(j) “investigation” means an investigation defined 1[under clause (l) of sub -section ( 1) of
section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)];
(k) “Judicial Member” means a Judicial Member of the Lokayukta appointed under the Act;
(l) “Lokayukta” means the body established under section 3;
(m) “maladministration” means action taken or purporting to have been taken in the exercise
of administrative functions in any case,—
(i) where such action or the administrative procedure or practice governing such action
is unreasonable, unjust, oppressive or improperly discriminatory, or
(ii) where there has been negligence or undue delay, with malafide inte ntion, in taking
such action, or the administrative procedure or practice governing such action involves
undue delay;
(n) “Member” means a Member of the Lokayukta;
(o) “Minister” means and includes,—
(i) a member of the Council of Ministers, but does not include the Chief Minister;
(ii) Minister for State;
(iii) any other person upon whom the status of a Minister or Minister for State has
been conferred by the Government;
(p) “officer” means a person appointed to a public service or post in connection with the
affairs of the State of Maharashtra;
(q) “preliminary inquiry” means an inquiry conducted under this Act by the Lokayukta;
(r) “prescribed” means prescribed by rules and regulations made under this Act;
(s) “public servant” means a person referred to in sub -section ( 1) of se ction 12 but does
not include,—
(i) a public servant in respect of whom the jurisdiction is exercisable by any court or
other authority under the Army Act, 1950 (46 of 1950) , the Air Force Act, 1950 (45 of
1950), the Navy Act, 1957 (62 of 1957) and the Coast Guard Act, 1978 (30 of 1978) or the
procedure is applicable to such public servant under those Acts ; or
1 These words, brackets, letter and figures were substituted for the words, brackets, letter and figures “under clause ( h) of
section 2 of the Code of Criminal Procedure, 1973 (2 of 1974)” by Mah. 50 of 2025, s. 3(2).
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(ii) a person who is or has been working on the Group ‘D’ post in the State
Government, or its equivalent post s in the Government company, Government corporation,
Government society or Government association;
(t) “regulations” means regulations made by the Lokayukta under this Act;
(u) “rules” means the rules made under this Act ;
(v) “Schedule” means a Schedule appended to this Act ;
(w) “Secretary” means a Secretary to the Government of Maharashtra and includes Chief
Secretary, Additional Chief Secretary and Principal Secretary ;
(x) “Special Court” means the court of a special judge appointed under sub -section (1) of
section 3 of the Prevention of Corruption Act, 1988 (49 of 1988).
(y) “State Agency” means an authority of the State Government competent to make inquiry
or investigation of any offence.
(2) The words and expressions used herein and not define d in this Act but defined in the
Prevention of Corruption Act, 1988 (49 of 1988) , shall have the same meanings as respectively
assigned to them in the said Act.
CHAPTER III
ESTABLISHMENT OF LOKAYUKTA
3. Establishment of Lokayukta. — (1) As and from the commencement of this Act, there shall
be established by notification in the Official Gazette, a body to be called the “Lokayukta, Maharashtra
State”.
(2) The Lokayukta shall consist of—
(a) a Chairperson, who is or has been the Chief Justice of High Court or a Judge of Supreme
Court or a Judge of Bombay High Court; and
(b) such number of Members, not exceeding four out of whom two shall be Judicial
Members.
(3) A person shall be eligible to be appointed,—
(a) as a Judicial Member, if he is or has been a Judge of a High Court:
Provided that, a person who is or who has been a Judge not below the rank of Principal
District Judge may be appointed as Judicial Member, if a person who is or has been Judge of
High Court is not available;
(b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and
outstanding ability having special knowledge and expertise of not less than twenty -five years in
the matters relating to anti -corruption policy, public administration, vigilance, finance including
insurance and banking, law, financial management.
(4) The Chairperson or a Member shall not be,—
(i) a member of the Parliament or a Member of the Legislature of any State or Union
territory;
(ii) a person convicted of any offence involving moral turpitude;
(iii) a person of less than forty -five years of age, on the date of assuming office as
Chairperson or Member, as the case may be;
(iv) a member of any Panchayat, Zilla Parishad, Nagar Panchayat, Municipal Council or
Municipal Corporation;
(v) a member of a body, corporation or society, substantially financed by the State
Government;
(vi) a person who has been removed or dismissed from service of the Union or a State,
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and shall not hold any office of trust or profit (o ther than his office as the Chairperson or a
Member) 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
Chairperson or a Member, as the case may be, shall, if—
(a) he holds any office of trust or profit, resign from such office; or
(b) he is carrying on any business, sever his connection with the conduct and
management of such business; or
(c) he is practicing any profession, cease to practice such profession.
(5) Every person appointed as the Chairperson or Member 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.
(6) Notwithstanding anything contained in sub-section (1) or (2), every person who on the date of
commencement of this Act is serving as Lokayukta or Upa -Lokayuktas under the Maharashtra
Lokayukta and Upa -Lokayuktas Act, 1971 (Mah. XLVI of 1971) shall, on and from such
commencement, be the Chairperson or, as the case may be, the Member of the Lokayukta established
under sub-section (1) and they shall continue to hold the of fice on the same terms and conditions on
which they were appointed prior to the commencement to this Act, till completion of their term of
office.
4. Appointment of Chairperson and Members. — (1) The Chairperson and Members shall be
appointed by the Governo r after obtaining the recommendations of a Selection Committee
consisting of—
(a) the Chief Minister - Chairperson;
(b) the Deputy Chief Minister - Vice-Chairperson;
(c) the Chairman of the Maharashtra Legislative Council - Member;
(d) the Speaker of the Maharashtra Legislative Assembly - Member;
(e) the Leader of Opposition in the Maharashtra Legislative Council - Member;
(f) the Leader of Opposition in the Maharashtra Legislative Assembly - Member;
(g) the Chief Justice of the Bombay High Court or a Judge of the Bombay High Court
nominated by him - Member.
(2) No appointment of the Chairperson or a Member shall be invalid merely by reason of any
vacancy in the Selection Committee.
(3) The Selection Committee shall regulate its own procedure for s electing the Chairperson and
Members of the Lokayukta which shall be transparent.
5. Filling of vacancies of Chairperson or Members. — The Government shall take or cause to
be taken all necessary steps for the appointment of a new Chairperson and Members at least three
months before the expiry of the term of such Chairperson or Member, as the case may be, in
accordance with the procedure laid down in this Act:
Provided that, when the office of the Chairperson or Member becomes vacant, the vacancy shall
be filled within a period of three months from the date of occurrence of vacancy.
6. Term of office of Chairperson and Members. — The Chairperson and every Member shall,
on the recommendations of the Selection Committee, be appointed by the Governor by warrant under
his hand and seal and hold office as such for a term of five years from the date on which he enters upon
his office or until he attains the age of seventy years, whichever is earlier :
Provided that, he may,—
(a) by writing under his hand addressed to the Governor, resign his office ; or
12 The Maharashtra Lokayukta Act, 2023 [2025 : Mah. XLVI
(b) be removed from his office in the manner provided in this Act.
7. Salary, allowances and other conditions of service of Chairperson and Members. — The
salary, allowances and other conditions of service of,—
(i) the Chairperson shall be the same as those of the Chief Justice of the High Court ;
(ii) other Members shall be the same as those of a Judge of the High Court :
Provided that, if the Chairperson or a Member is, at the time of his appointment, in receipt of
pension (other than disability pension) in respect of any previous service under the Government of
India or under the Government of a State, his salary in respect of service as the Chairperson or, as the
case may be, as a Member, 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 :
Provided further that, the salary, allowances and pension payable to, and other conditions of
service of, the Chairperson or a Member shall not be varied to his disadvantage after his appointment.
8. Restriction on employment of Chairperson and Members after ceasing to hol d
office.— (1) On ceasing to hold office, the Chairperson and every Member shall be ineligible for,—
(i) re-appointment as the Chairperson or a Member of the Lokayukta ;
(ii) further employment to any other office of profit under the State Government.
(2) Notwithstanding anything contained in sub -section ( 1), a Member shall be eligible to be
appointed as the Chairperson, if his total tenure as Member and Chairperson does not exceed
five years.
Explanation.— For the purposes of this section, it is hereby c larified that where the Member is
appointed as the Chairperson, his term of office shall not be more than five years in aggregate as the
Member and the Chairperson.
9. Member to act as Chairperson or to discharge his functions in certain
circumstances.— (1) In the event of occurrence of any vacancy in the Office of the Chairperson by
reason of his death, resignation or otherwise, the Governor may, by notification, authorize the senior -
most Member to act as the Chairperson until the appointment of a new Cha irperson to fill such
vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or
otherwise, the senior -most Member available, as the Governor may, by notification, authorise in this
behalf, shall discharge the func tions of the Chairperson until the date on which the Chairperson
resumes his duties.
10. Secretary, other officers and staff of Lokayukta. — (1) There shall be a Secretary to the
Lokayukta in the rank of Secretary to the State Government, who shall be appoi nted by the
Chairperson from a panel of names sent by the State Government.
(2) The appointment of officers and staff of the Lokayukta shall be made by the Lokayukta :
Provided that, the Governor may by rule require that the appointment in respect of any post or
posts as may be specified in the rule, shall be made after consultation with the Maharashtra Public
Service Commission.
(3) Subject to the provisions of any law made by the State Legislature, the conditions of service
of officers and staff of the Lokayukta shall be such as may be prescribed by the Lokayukta for the
purpose.
(4) Notwithstanding anything contained in this section, every person who on the date of
commencement of this Act is serving as an officer or staff for assisting the Lokayukta and
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Upa-Lokayuktas, shall, on and from such commencement, be the officer and staff for assisting the
Lokayukta under this Act and they shall continue to hold the office on the same terms and conditions
on which they were appointed prior to the commencement to this Act.
11. Expenses of Lokayukta to be charged on Consolidated Fund of State. — The
administrative expenses of the Lokayukta, including all salaries, allowances and pensions payable to or
in respect of the Chairperson, Members or Secretary or other officers or staff of the Lokayukta, shall be
charged upon the Consolidated Fund of State and any fees or other moneys received by the Lokayukta
shall form part of the Consolidated Fund of the State.
CHAPTER IV
JURISDICTION OF LOKAYUKTA
12. Jurisdiction of Lokayukta. — (1) Subject to the other provisions of this Act, the Lokayukta
shall inquire or cause an inquiry to be conducted into any matter involved in, or arising fro m, or
connected with, any allegation of corruption under the Prevention of Corruption Act, 1988
(49 of 1988), made in a complaint in respect of the following, namely :—
(a) any person who is or has been a Chief Minister :
Provided that, before initiatin g any inquiry against Chief Minister the prior approval of the
Maharashtra Legislative Assembly shall be obtained. The motion thereof shall be placed before the
next immediate Session of the Maharashtra Legislative Assembly :
Provided further that, such motion shall be passed by not less than two-third of the total Members
of the Maharashtra Legislative Assembly :
Provided also that, the Lokayukta shall not inquire into any matter involved in, or arising from, or
connected with, any such allegation of cor ruption against the Chief Minister, in so far as it relates to
internal security or public order in the State:
Provided also that, any such inquiry shall be held in camera and if the Lokayukta comes to the
conclusion that the complaint deserves to be dism issed, the records of the inquiry shall not be
published or made available to anyone ;
(b) any other person who is or has been a Minister ;
(c) any person who is or has been a Member of the State Legislature ;
(d) any Member or Councillor of the Municipal Corporation, Municipal Council, Nagar
Panchayat, Industrial Township , Zilla Parishad , Panchayat Samiti , or Village Panchayat including
Mayor, Deputy Mayor, President, Vice -President, Chairman, Deputy Chairman, Sarpanch and
Upa-Sarpanch and Chairman of any Committee of said local authorities ;
(e) All India Services Officers (including Indian Administrative Services, Indian Police Services,
Indian Forest Services, etc.), in connection with the affairs of the State Government ;
(f) all officers and employees of the State Government and the public servants defined in
sub-clauses ( i) and ( ii) of clause ( c) of section 2 of the Prevention of Corruption Act, 1988
(49 of 1988), when serving or who have served, in connection with the affairs of the State excluding a
person who is or has been working on Group ‘D’ post;
(g) all officers and employees, of any body or board or corporation or authority or company or
society or trust or autonomous body (by whatever name called), established by an Act of the
Parliament or of the State Legislature or wholly or p artly financed by the State Government or
controlled by it, equivalent to the officers and employees specified in clause (f);
1[Explanation.— For the purposes of this clause, officers and employees of any body or board or
corporation or authority or company or society or trust or autonomous body (by whatever name called)
established by an Act of the Parliament, means officers and employees appointed by the State
Government or by any authority of the State Government under the Act of Parliament;]
1 This Explanation was added by Mah. 50 of 2025, s. 4.
14 The Maharashtra Lokayukta Act, 2023 [2025 : Mah. XLVI
(h) any pe rson who is or has been a director, manager, secretary or other officer of every other
society or association of persons or trust (whether registered under any law for the time being in force
or not), by whatever name called, wholly or partly financed or a ided by the State Government or any
local authority or Government company, corporation, association or trust.
Explanation.— For the purposes of clauses (g) and (i), it is hereby clarified that,—
(i) any entity or institution, by whatever name called, cor poration, society, trust, association
of persons, partnership, sole proprietorship, limited liability partnership (whether registered under
any law for the time being in force or not), shall be the entities covered in those clauses ;
(ii) a society, association of persons or trust shall be deemed to be wholly or partly aided by
the State Government or local authority, if such entity has received any assistance from the State
Government or local authority, in the form of land, grant -in-aid, loan, share capi tal, Government
guarantee or any of them:
Provided that, any person referred to in this clause shall be deemed to be a public servant
under clause ( c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988) and the
provisions of that Act shall apply accordingly.
(2) The Lokayukta may inquire into any act or conduct of any person other than those referred to
in sub -section ( 1), if such pers on is involved in the act of abetting, bribe giving or bribe taking or
conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 (49 of
1988) against a person referred to in sub-section (1).
13. Bar of inquiry or investigation.— (1) Notwithstanding anything contained in any Act, in the
following cases, the Lokayukta shall not make an inquiry or investigation on complaint
under this Act,—
(i) where same or similar issues of complaint are pending before any court ;
(ii) any matter involved in, or arising from, or connected with, any such allegation of
corruption against any Member of the State Legislature in respect of anything said or a vote given
by him in the State Legislature or any committee thereof covered under the provisions contained
in clause (2) of article 194 of the Constitution of India ;
(iii) in respect of a matter which has been referred to for inquiry under the Commissions of
Inquiry Act, 1952 (60 of 1952) :
Provided that, the Lokayukta may investiga te the matters if the State Government has not
taken any action against corruption as held by the inquiry Commission within a period of two
years from the date of submission of the report to the State Government ;
(iv) 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 proceedings before any
tribunal or court:
Provided that, the Lokayukta may condu ct an investigation notwithstanding that the
complainant had or has such a remedy if the Lokayukta is satisfied that such person could not or
cannot, for sufficient cause, have recourse to such remedy ;
(v) any complaint involving a grievance, if the comp laint is made after the expiry of twelve
months from the date on which the action complained against becomes known to the
complainant :
Provided that, the Lokayukta may entertain a complaint if the complainant satisfies him that
he had sufficient cause for not making the complaint within the period specified in that clause ;
(vi) any complaint involving an allegation, if the complaint is made after the expiry of three
years from the date on which the action complained against is alleged to have taken place.
(2) Notwithstanding anything contained in any Act, any court or any State Agency shall not make
an inquiry or investigation under any Act on complaint of corruption, where the complaint is made by
2025 : Mah. XLVI] The Maharashtra Lokayukta Act, 2023 15
any person on same or similar issues to Lokayukta and an inquiry or investigation is being conducted
on such complaint, by any State Agency or an inquiry or investigation has been completed by such
Agency, on the directions of the Lokayukta:
Provided that, in cases where charge-sheet has been filed in court under this Act, on the directions
of the Lokayukta, the court can make an inquiry or investigation, if necessary, in such cases.
(3) The matters of which a complaint has been made to the Lokayukta under this Act shall not be
referred to for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952).
Explanation.— For the removal of doubts, it is hereby declared that a complaint under this Act
shall only relate to a period during which the public servant was holding office or post in public service
or serving in that capacity.
14. Procedure of making complaint under Act. — (1) Subject to the provisions of this Act, a
complaint may be made under this Act to the Lokayukta,—
(a) in the case of corruption, by any person ;
(b) in the case of a grievance, by the person aggrieved ;
(c) in the case of an allegation, by any person other than a public servant :
Provided that, where the person aggrieved is dead or is for any reason unable to act for himself,
the complaint may be m ade by any person who in law represents his estate or, as the case may be, by
any person who is authorized by him in this behalf.
(2) Every complaint shall be made in such form and shall be accompanied by such affidavits as
may be prescribed.
(3) Notwith standing anything contained in any Act, any letter written to the Lokayukta by a
person in police custody, or in a gaol or in any asylum or other place for insane persons, shall be
forwarded to the addressee unopened and without delay by the police officer or other person in charge
of such gaol, asylum or other place and the Lokayukta, 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 (2).
(4) In the case of any complaint involving a grievance, nothing in this Act shall be construed as
empowering the Lokayukta to question any administrative action involving the exercise of a discretion
except where he is satisfied that the elements involved in the exercise of the discretio n are absent to
such an extent that the discretion can prima facie be regarded as having been improperly exercised.
15. Conferment of additional functions on Lokayukta. — (1) The Governor may, by
notification published in the Official Gazette , on the recomm endation of the State Government and
after consultation with the Lokayukta, confer on the Lokayukta such additional functions in relation to
the redress of grievances and eradication of corruption as may be specified in the notification.
(2) The Governor may, by order in writing and on recommendation of the State Government,
confer on the Lokayukta such powers of a supervisory nature over agencies, authorities or officers set
up, constituted or appointed by the State Government for the redress of grievance s and eradication of
corruption.
(3) When any additional functions are conferred on the Lokayukta under sub -section ( 1), the
Lokayukta shall exercise the same powers and discharge the same functions as he would in the case of
any inquiry or investigation m ade on a complaint involving a grievance or an allegation, as the case
may be, and the provisions of this Act shall apply accordingly.
16. Matters pending before any court or committee or statutory authority for inquiry not to
be affected. — In case any mat ter or proceeding related to allegation of corruption under the
Prevention of Corruption Act, 1988 (49 of 1988) has been pending before any court or committee of
the State Legislature or before any other statutory authority prior to commencement of this Act or prior
to commencement of any inquiry after the commencement of this Act, such matter or proceeding shall
be continued before such court, committee or statutory authority and the Lokayukta shall not deal with
such cases.
16 The Maharashtra Lokayukta Act, 2023 [2025 : Mah. XLVI
17. Constitution of benches of Lokayukta.— (1) Subject to the provisions of this Act,—
(a) the jurisdiction of the Lokayukta may be exercised by benches thereof ;
(b) a bench may be constituted by the Chairperson with two or more Members as the
Chairperson may deem fit ;
(c) every bench shall ordinarily consist of at least one Judicial Member ;
(d) where a bench consists of the Chairperson, such bench shall be presided over by the
Chairperson ;
(e) where a bench consists of a Judicial Member and a non -Judicial Members not being the
Chairperson, such bench shall be presided over by the Judicial Member ;
(f) the benches of the Lokayukta shall ordinarily sit at Mumbai and at such other places as
the State Government shall specify.
(2) The Lokayukta shall notify the areas in relation to which each bench of the Lokayukta may
exercise jurisdiction.
(3) Notwithstanding anything contained in sub -section (2), the Chairperson shall have the power
to constitute or re-constitute benches, from time to time.
(4) If at any stage of the hearing of any case or matter, it appears to the Chairperson or a Member
that the case or matter is of such nature that it ought to be heard by a bench consisting of two or more
Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to
him for transfer, to such bench as the Chairperson may deem fit.
18. Distribution of business amongst benches. — Where benches are constituted, the
Chairperson may, from time to time, by notification, make provisions as to the distribution of the
business of the Lokayukta amongst the benches and also provide for the matters which may be dealt
with by each bench.
19. Power of Chairperson to transfer cases. — On an application for transfer made by the
complainant or the public servant, the Chairperson, after giving an opportunity of being heard to the
complainant or the public servant, as the case may be, may transfer any case pending before one bench
for disposal to any other bench.
20. Decision to be by majority. — If the Members of a bench consisting of an even number of
Members differ in opinion on any point, they shall state the point or points on which they differ, and
make a reference to the Chairperson who shall either hear the point or points himself or refer the case
for hearing on such point or points by one or more of the other Members of the Lokayukta and such
point or points shall be decided according to the opinion of the majority of the Members of t he
Lokayukta who have heard the case, including those who first heard it.
CHAPTER V
PRELIMINARY INQUIRY AND INVESTIGATION BY LOKAYUKTA
21. Provisions relating to complaints under Prevention of Corruption Act, 1988. — (1) The
Lokayukta shall, on receipt of a complaint under the Prevention of Corruption Act, 1988 (49 of 1988),
as defined under clause (g) of section 2, first decide whether to proceed in the matter or close the same
and if the Lokayukta decides to proceed further, it shall, to ascertain whether there exists a prima facie
case for proceeding in the matter, order preliminary inquiry against any public servant, in the manner
as provided in sub-section (3).
(2) The Lokayukta may, in his discretion, refuse to make an inquiry of any complaint specified in
sub-section (1), 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 inquiry or investigation ; or
2025 : Mah. XLVI] The Maharashtra Lokayukta Act, 2023 17
(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.
(3) Before initiating any preliminary inquiry under sub -section (1) in respect of public servants
referred to,—
(a) in clause ( a) of sub -section ( 1) of s ection 12, the Lokayukta shall obtain the prior
approval of the Maharashtra Legislative Assembly;
(b) in clause ( b) of sub -section ( 1) of section 12, the Lokayukta shall obtain the prior
approval of the Governor and the views of such Group of Ministers as may be appointed by the
Governor. The Group of Ministers shall submit its views within a period of three month s. Such
period may be extended by the Lokayukta for the reasons to be recorded in writing, by one
month; however, the total period shall not be more than four months in aggregate.
Explanation.— For the purposes of this clause, the Group of Ministers shall be assisted by
the Chief Secretary or the Additional Chief Secretary nominated by the Chief Secretary, who
shall act as the Secretary of such Group of Ministers;
(c) in clause ( c) of sub -section ( 1) of section 12, the Lokayukta shall obtain the prior
approval of the Chairman of the Maharashtra Legislative Council, in case of Member of
Maharashtra Legislative Council and Speaker of the Maharashtra Legislative Assembly, in case
of Member of Maharashtra Legislative Assembly, and the views of the Committee (if any)
appointed by the Chairman or Speaker, as the case may be. Such approval shall be conveyed
within a period of three months. Such period may be extended by the Lokayukta for the reasons
to be recorded in writing, by one month; however, the total period shall not be more than four
months in aggregate;
(d) in clause ( d) of sub-section (1) of section 12, the Lokayukta shall obtain prior approval
of the concerned Minister and the views of the Secretary of the concerned Mantralaya
department, who shall submit its views within a period of three months. Such period may be
extended by the Lokayukta for the reasons to be recorded in writing, by one mon th; however, the
total period shall not be more than four months in aggregate;
(e) in case of clause (e) of sub-section (1) of section 12, prior approval of the Chief Minister
and the views of the Chief Secretary or the Committee appointed by the Chief Se cretary, who
shall submit its views within a period of three months. Such period may be extended by the
Lokayukta for the reasons to be recorded in writing, by one month; however, the total period shall
not be more than four months in aggregate;
(f) in clauses (f), (g) and (h) of sub-section (1) of section 12, the Lokayukta shall obtain the
prior approval of the competent authority and the views of the Secretary of the concerned
department, as he deems fit, who shall submit its views through the Chief Secr etary or the
Additional Chief Secretary nominated by the Chief Secretary, within a period of three months.
Such period may be extended by the Lokayukta for the reasons to be recorded in writing, by one
month; however, the total period shall not be more than four months in aggregate.
(4) The competent authority shall convey its approval within the period specified in
sub-section (3):
Provided that, if the competent authority fails to convey its approval within the specified time, the
Lokayukta may take action as he deems fit:
Provided further that, the provisions of this sub -section shall not be applicable in case of
complaint against the Chief Minister.
22. Consideration of views.— (1) The views received under section 21 of the Act,—
(a) relating to the Chief Minister and any Minister shall be considered by full bench of
Lokayukta; and
(b) relating to other public servants shall be considered by not less than two members of
Lokayukta.
18 The Maharashtra Lokayukta Act, 2023 [2025 : Mah. XLVI
(2) If there is no prima facie case according to th e views received under sub -section ( 1), the
bench may, after recording the reasons therefor, close the matter and communicate the same to the
complainant and the public servant concerned; or if there exists a prima facie case to proceed in the
mattExcerpt shown. Open the full act in Lexace.