The Tamil Nadu Lokayukta Act, 2018

251-Ex-IV-2—1
TAMIL  NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED  BY  AUTHORITY
 © [Regd. No. TN/CCN/467/2012-14.
 GOVERNMENT  OF  TAMIL  NADU [R. Dis. No. 197/2009.   
 2018 [Price:  Rs. 24.00 Paise. 
No. 251] CHENNAI, FRIDAY, JULY 13, 2018      
 Aani 29, Vilambi, Thiruvalluvar Aandu–2049
Part  IV—Section  2
Tamil  Nadu  Acts and Ordinances
CONTENTS
[ 111 ]
Pages.
ACTS :  
No. 26 of 2018—The Tamil Nadu Industrial Establishments (National, Festival and Special 
Holidays) Amendment Act, 2018. .. .. .. .. .. .. 112
No. 27 of 2018— The Tamil Nadu Shops and Establishments (Amendment) Act, 2018. .. 113-116
No. 28 of 2018— The Tamil Nadu Repealing Act, 2018. .. .. .. .. .. .. 117-120
No. 29 of 2018—The Tamil Nadu Repealing and Amending Act, 2018. .. .. .. 121-124
No. 30 of 2018—The Tamil Nadu Town and Country Planning (Second Amendment) Act, 
2018. .. .. .. .. .. .. 125-128
No. 31 of 2018—The Tamil Nadu Town and Country Planning (Third Amendment) Act, 2018. 129-140
No. 32 of 2018—The Tamil Nadu District Municipalities (Amendment) Act, 2018. .. .. 141-142
No. 33 of 2018—The Tamil Nadu Lokayukta Act 2018. .. .. .. .. .. .. 143-168
No. 34 of 2018—The Tamil Nadu National Law School (Amendment) Act, 2018. .. .. 169
 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 143
CHAPTER – I. 
PRELIMINARY. 
1. Short title and commencement. 
2. Definitions. 
CHAPTER – II. 
ESTABLISHMENT AND COMPOSITION OF LOKAYUKTA. 
3. Establishment and Composition of Lokayukta. 
4. Appointment of Chairperson and Members on the recommendation of Selection 
Committee. 
5. Term of office of Chairperson and Members. 
6. Salary, allowances and other conditions of service of Chairperson and Members. 
7. Restriction on employment by Chairperson and Members after ceasing to hold 
office. 
8. Member to act as Chairperson or to discharge his functions in certain 
circumstances. 
9. Secretary, other officers and staff of Lokayukta. 
CHAPTER – III. 
INQUIRY WING. 
10. Inquiry Wing. 
CHAPTER – IV. 
EXPENSES OF LOKAYUKTA TO BE CHARGED ON CONSOLIDATED FUND OF 
STATE. 
11. Expenses of Lokayukta to be charged on Consolidated Fund of State. 
 
THE TAMIL NADU LOKAYUKTA ACT,  2018.
Arrangement of Sections.
144 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
12. Jurisdiction of Lokayukta to include Ministers, Members of Legislative Assembly, 
officers and employees of Government. 
13. Matters not subject to inquiry. 
14. Matters pending before any court or committee or authority for inquiry not to be 
affected. 
15. Constitution of Benches of Lokayukta. 
16. Distribution of business amongst Benches. 
17. Power of Chairperson to transfer cases. 
18. Decision to be by majority. 
CHAPTER - VI. 
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND DETAILED INQUIRY. 
19. Provisions relating to complaints and preliminary inquiry and detailed inquiry. 
20. Persons likely to be prejudicially affected to be heard. 
21. Lokayukta may require any public servant or any other person to furnish 
information, etc. 
22. Previous sanction not necessary for inquiry. 
CHAPTER – VII. 
POWERS OF LOKAYUKTA. 
23. Supervisory powers of Lokayukta. 
24. Lokayukta to have powers of civil court in certain cases. 
25. Power of Lokayukta to utilise services of officers of Government. 
CHAPTER – V. 
JURISDICTION OF THE LOKAYUKTA. 
,
 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 145
26. Power of Lokayukta to recommend transfer or suspension of public servant 
connected with allegation of corruption. 
27. Power of Lokayukta to give directions to prevent destruction of records 
during preliminary inquiry. 
28. Power to delegate. 
CHAPTER – VIII. 
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF 
LOKAYUKTA. 
29. Removal and suspension of Chairperson and Members of Lokayukta. 
30. Complaints against officials of Lokayukta. 
 
 
CHAPTER - IX. 
FINANCE, ACCOUNTS AND AUDIT. 
31. Budget. 
32. Grants by Government. 
33. Annual statement of accounts. 
34. Furnishing of returns etc, to Government. 
CHAPTER - X.  
ACTION ON FALSE COMPLAINTS. 
35. Prosecution for false complaint and payment of compensation, etc., to public 
servant. 
36. False complaint made by society or association of persons or trust. 
etc.,
146 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
43. Act to have overriding effect. 
44. Power to make rules. 
45. Power to make regulations. 
46. Power to remove difficulties. 
CHAPTER - XI. 
MISCELLANEOUS. 
37. Protection of action taken in good faith by any public servant. 
38. Protection of action taken in good faith by others. 
39. Members, officers and employees of Lokayukta to be public servants. 
40. Limitation to apply. 
41. Bar of Jurisdiction. 
42. Legal assistance. 
 
TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 
147
The following Act of the Tamil Nadu Legislative Assembly received the assent 
of the Governor on the 13th July 2018 and is hereby published for general 
information:—
ACT No. 33 of 2018.
An Act for the establishment of a body of Lokayukta for the State of 
Tamil Nadu to inquire into allegations of corruption against certain public 
servants and for matters connected therewith or incidental thereto.
B
E
 it enacted by the Legislative Assembly of the State of Tamil Nadu in the 
Sixty-ninth Year of the Republic of India as follows:—
CHAPTER – I.
PRELIMINARY.
1. 
 (1) This Act may be called the Tamil Nadu Lokayukta Act, 2018.
Short title and 
commence-
ment.
 
(
2
)
 
It
 
shall
 
come
 
into
 
force
 
on
 
such
 
date
1
 
as
 
the
 
Government
 
may
,
 
by
 
noti
fi
cation
,
 
appoint
.
 
2
.
 
(
1
)
 
In
 
this
 
Act
,
 
unless
 
the
 
context
 
otherwise
 
requires
,
—
 
De
fi
 nitions.
 
(
a
)
 
“
Bench
”
 
means
 
a
 
bench
 
of
 
the
 
Lokayukta
;
 
(
b
)
 
“
Chairperson
”
 
means
 
the
 
Chairperson
 
of
 
the
 
Lokayukta
;
 
(
c
)
 
“
competent
 
authority
”
 
means
,
 
in
 
relation
 
to
,
—
 
 
(
i
)
 
the
 
Chief
 
Minister
,
 
the
 
Governor
;
 
 
(
ii
)
 
a
 
Minister
,
 
the
 
Chief
 
Minister
;
 
 
(
iii
)
 
a
 
Member
 
of
 
the
 
Legislative
 
Assembly
 
of
 
the
 
State
 
other
 
than
 
a
 
Minister
,
 
the
 
Speaker
 
of
 
the
 
Legislative
 
Assembly
;
  
(
iv
)
 
an
 
of
fi
 
cer
 
in
 
any
 
Department
,
 
the
 
Government
;
 
 
(
v
)
 
a
 
Chairperson
 
or
 
Members
 
of
 
any
 
Body
,
 
or
 
Board
 
or
 
Corporation
 
or
 
Authority
 
or
 
Company
 
or
 
Society
 
or
 
Autonomous
 
Body
 
(
by
 
whatever
 
name
 
called
)
 
established
 
or
 
constituted
 
under
 
an
 
Act
 
of
 
Parliament
 
or
 
of
 
the
 
Legislative
 
Assembly
 
of
 
the
 
State
 
or
 
wholly
 
or
 
partly
 
fi
 
nanced
 
by
 
the
 
Government
 
or
 
controlled
 
by
 
it
,
 
the
 
Minister
-
in
-
charge
 
or
 
the
 
Chief
 
Minister
,
 
as
 
the
 
case
 
may
 
be
,
 
of
 
the
 
department
 
of
 
such
 
Body
 
or
 
Board
 
or
 
Corporation
 
or
 
Authority
 
or
 
Company
 
or
 
Society
 
or
 
Autonomous
 
Body
;
 
(
vi
)
 
an
 
of
fi
 
cer
 
of
 
any
 
Body
 
or
 
Board
 
or
 
Corporation
 
or
 
Authority
 
or
 
Company
 
or
 
Society
 
or
 
Autonomous
 
Body
 
(
by
 
whatever
 
name
 
called
)
 
established
 
or
 
constituted
 
under
 
an
 
Act
 
of
 
Parliament
 
or
 
of
 
the
 
Legislative
 
Assembly
 
of
 
the
 
State
 
or
 
wholly
 
or
 
partly
 
fi
 
nanced
 
by
 
the
 
Government
 
or
 
controlled
 
by
 
it
,
 
the
 
head
 
of
 
such
 
Body
 
or
 
Board
 
or
 
Corporation
 
or
 
Authority
 
or
 
Company
 
or
 
Society
 
or
 
Autonomous
 
Body
;
 
 
(
vii
)
 
in
 
any
 
other
 
case
 
not
 
falling
 
under
 
sub
-
clauses
 
(
i
)
 
to
 
(
vi
)
 
above
,
 
such
 
department
 
or
 
authority
 
as
 
the
 
Government
 
may
,
 
by
 
noti
fi
 
cation
,
 
specify
:
 
 
1
1
.
3
t
h
 
N
o
v
e
m
b
e
r
 
2
0
1
8
 
-
 
 
v
i
d
e
 
N
o
t
i
f
i
c
a
t
i
o
n
 
N
o
.
 
I
I
(
2
)
/
P
L
A
R
/
9
5
7
(
c
)
/
2
0
1
8
,
 
d
a
t
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d
 
1
3
t
h
 
N
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148 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
  Provided that if any person referred to in sub-clause (v) or 
sub-clause (vi) is also a Member of the Legislative Assembly of the State, 
then the competent authority shall be the Speaker of the Legislative 
Assembly;
  (d) “complaint” means a complaint, made in such form as may 
be prescribed, alleging that a public servant has committed an offence 
punishable under the Prevention of Corruption Act, 1988;
Central Act 49 of 
1988.
  (e) “Government” means the State Government;
  (f) “Judicial Member” means a Judicial Member of the 
Lokayukta; 
  (g) “Lokayukta” means the body established under section 3;
  (h) “Member” means a Member of the Lokayukta;
  (i) “Minister” means the Minister of the Government and 
includes the Chief Minister;
  (j) “prescribed” means prescribed by rules made under this 
Act;
  (k) “public servant” means a person referred to in clauses (a) 
to (e) of sub-section (1) of section 12;
  (l) “regulations” means regulations made under this Act;
  (m) “State” means the State of Tamil Nadu.
 (2) The words and expressions used in this Act and not de fi ned 
but de fi ned in the Prevention of Corruption Act, 1988 and the Code of 
Criminal Procedure, 1973 shall have the meanings, respectively, assigned 
to them in those Acts. 
Central Act 49 of 
1988.
Central Act 2 of 
1974.
CHAPTER – II.
ESTABLISHMENT AND COMPOSITION OF LOKAYUKTA.
Establisment and 
Composition of 
Lokayukta.
3. (1) On and from the date of noti fi cation to be issued by the 
Government in this behalf, there shall be established a body to be called 
the “Lokayukta”.
 (2) The Lokayukta shall consist of,—
  (a) a Chairperson who is or has been a Judge of the High 
Court or a person with twenty- fi ve years experience in anti-corruption 
policy, public administration, vigilance, fi nance and law; and
  (b) four Members, out of whom two shall be Judicial Members.
 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 149
  (3) A person shall be eligible to be appointed,— 
  (a) as a Judicial Member if he is or has been a Judge of the 
High Court or has put in twenty-fi ve years of experience in State judiciary 
with impeccable record;
  (b) as a Non-Judicial Member if he has had twenty- fi ve years 
of experience in anti-corruption policy, public administration, vigilance, 
fi nance and law.
 (4) The Chairperson or a Member shall not be,— 
  (a) a Member of Parliament or a Member of the Legislative 
Assembly of any State or Union territory;
  (b) a person convicted of any offence;
  (c) a person of less than forty- fi ve years of age, on the date of 
assuming offi ce as Chairperson or Member, as the case may be;
  (d) a Member of any Panchayat or Municipality;
  (e) a person who has been removed or dismissed from 
service of the Union or a State and;
  (f) a person holding any of fi ce of trust or profi t (other than his 
offi ce as the Chairperson or a Member) or be connected with any political 
party or carry on any business or practice any profession. 
 (5) A person who is appointed as the Chairperson or a Member, 
as the case may be, shall, before he enters upon his offi ce, if,—
  (a) he holds any of fi ce of trust or pro fi t, resign from such 
offi ce; 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.
4.  (1) The Chairperson and the Members shall be appointed by the 
Governor. 
Appointment of 
Chairperson 
and Members 
on the 
recommen-
dation of 
Selection 
Committee.
 (2) The appointment shall be made on the recommendation of the 
Selection Committee comprising of the following Members:—
  (a) Chief Minister — Chairperson;
  (b) Speaker of the Legislative Assembly — Member;
  (c) Leader of Opposition or the Leader of the single largest 
Party in Opposition in the Legislative Assembly— Member.
150 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
 (3) The Selection Committee may for the purposes of selecting 
the Chairperson and Members and for preparing a panel of persons to 
be considered for appointment as such, choose to constitute a Search 
Committee consisting of three persons having special knowledge and 
expertise in anti-corruption policy, public administration, vigilance, fi nance 
and law.
 (4) The Selection Committee shall regulate its own procedure for 
selecting the Chairperson and Members which shall be transparent.
 (5) The term of the Search Committee, if constituted, referred 
to in sub-section (3), the fees and allowances payable to its Members 
and the manner of selection of panel of names shall be such as may be 
prescribed.
Term of offi ce of 
Chairperson 
and Members.
5. 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 of fi ce as such for a term of fi ve years 
from the date on which he enters upon his offi ce 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 offi ce; or
 (b) be removed from his of fi ce in the manner provided in this Act.
Salary, 
allowances 
and other 
conditions 
of service of 
Chairperson 
and Members.
6. The salary, allowances and other conditions of service of,— 
 (a) the Chairperson shall be the same as those of the Chief 
Justice of the High Court;
 (b) 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 any State 
Government, his salary in respect of service as the Chairperson or, as the 
case may be, as a Member, be reduced,— 
 (i) by the amount of that pension; and
 (ii) 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.
 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 151
7. (1) On ceasing to hold of fi ce, the Chairperson and every Member 
shall be ineligible for,— 
Restriction on 
employment by 
Chairperson 
and Members 
after ceasing to 
hold offi ce.
  (a) reappointment as the Chairperson or a Member of the 
Lokayukta;
  (b) any other assignment or appointment which is required by 
law to be made by the Governor;
  (c) further employment to any other of fi ce of profi t under the 
Government of India or under the Government.
 (2) Notwithstanding anything contained in sub-section (1), a 
Member shall be eligible to be appointed as a Chairperson, if his total 
tenure as Member and Chairperson does not exceed fi ve years. 
 Explanation.— For the purposes of this section, it is hereby 
clarifi ed that where the Member is appointed as the Chairperson, his term 
of offi ce shall not be more than fi ve years in aggregate as the Member and 
the Chairperson. 
8.  (1) In the event of occurrence of any vacancy in the of fi ce of 
the Chairperson by reason of his death, resignation or otherwise, the 
Governor may, by noti fi cation, authorise the senior-most Member to act 
as the Chairperson until the appointment of a new Chairperson to fi ll such 
vacancy. 
Member to act as 
Chairperson or 
to discharge 
his functions in 
certain circums-
tances.
 (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 noti fi cation, authorise in this behalf, 
shall discharge the functions of the Chairperson until the date on which 
the Chairperson resumes his duties. 
9.  (1) There shall be a Secretary to the Lokayukta not below the 
rank of Deputy Secretary to Government, who shall be appointed by the 
Chairperson from a panel of names sent by the Government.
Secretary, 
other offi cers 
and staff of 
Lokayukta.
  (2) There shall be a Director of Inquiry not below the rank of Deputy 
Secretary to Government, who shall be appointed by the Chairperson 
from a panel of names sent by the Government.
 (3) The appointment of of fi cers and staff of the Lokayukta shall be 
made as may be required for smooth functioning, by the Government and 
as may be prescribed.
 (4) The conditions of service of Secretary and other of fi cers and 
staff of the Lokayukta shall be such as may be prescribed from time to 
time.
152 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
CHAPTER – III
INQUIRY WING.
Inquiry Wing.  10. (1) Notwithstanding anything contained in any law for the time 
being in force, the Lokayukta shall constitute an Inquiry Wing headed 
by the Director of Inquiry for the purpose of conducting inquiry into any 
offence alleged to have been committed by a public servant:
 Provided that till such time the Inquiry Wing is constituted by the 
Lokayukta, the Government shall make available such number of offi cers 
and other staff from such of its Departments, as may be required, for 
conducting inquiry under this Act.
 (2) For the purposes of assisting the Lokayukta in conducting a 
inquiry under this Act, the offi cers of the Inquiry Wing shall have the same 
powers as are conferred upon the Lokayukta under section 24.
CHAPTER – IV.
EXPENSES OF LOKAYUKTA TO BE CHARGED ON CONSOLIDATED 
FUND OF STATE.
Expenses of 
Lokayukta to 
be charged on 
Consolidated 
Fund of State.
 11. 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 offi cers or staff of the Lokayukta, shall be 
charged upon the Consolidated Fund of the State and any fees or other 
moneys taken by the Lokayukta shall form part of that Fund.
CHAPTER – V.
JURISDICTION OF THE LOKAYUKTA.
Jurisdiction of 
Lokayukta 
to include 
Ministers, 
Members of 
Legislative 
Assembly, 
offi cers and 
employees of 
Government.
 12. (1) Subject to the other provisions of this Act, the Lokayukta shall 
have its jurisdiction on all the following categories, namely:—
Central Act 49 of 
1988.
 (a) any person who is or has been a Minister of the State;
 (b) any person who is or has been a Member of the Legislative 
Assembly;
  (c) all of fi cers and employees of the State, from amongst the 
public servants defi ned in sub-clauses (i) and (ii) of clause (c) of section 2 
of the Prevention of Corruption Act, 1988 when serving or who has served, 
in connection with the affairs of the State;
 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 153
 (d) all of fi cers and employees referred to in clause (c) equivalent 
in 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 the Legislative Assembly of the State or wholly 
or partly fi nanced by the Government or controlled by it:
  Provided that in the case of of fi cers and employees referred to 
in clauses (c) and (d) but are working in connection with the affairs of 
the Union or in Body or Board or Corporation or Authority or Company or 
Society or Trust or Autonomous Body under the control of the Union, the 
Lokayukta and of fi cers of its Inquiry Wing shall have jurisdiction under 
this Act in respect of such offi cers only after obtaining the consent of the 
Central Government;
 (e) any person who is or has been a Director, Manager, Secretary 
or other of fi cer 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 fi nanced or aided by the 
Government and the annual income of which exceeds such amount as 
the Government may, by notifi cation, specify.
  (2) Notwithstanding anything contained in sub-section (1), the 
Lokayukta shall not inquire into any matter involved in, or arising from, 
or connected with, any such allegation of corruption against any Member 
of the Legislative Assembly in respect of anything said or a vote given 
by him in the Legislative Assembly of the State or any committee thereof 
covered under the provisions contained in clause (2) of Article 194 of the 
Constitution.
Central Act 49 of 
1988.
 (3) The Lokayukta may inquire into any act or conduct of any 
person other than those referred to in sub-section (1), if such person 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 against a person referred to in sub-section (1):
  Provided that no action under this section shall be taken in case 
of a person serving in connection with the affairs of the Union, without the 
consent of the Central Government.
13. (1) Except as hereinafter provided, the Lokayukta shall not 
conduct any inquiry under this Act, in the case of a complaint in respect of 
any action, if such action relates to any matter as follows:—
Matters not 
subject to 
inquiry.
  (a) action taken for the purpose of investigating crime relating 
to the security of the State;
154 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
  (b) action taken in the exercise of powers in relation to 
determining whether a matter shall go to a court or not;
  (c) administrative action taken in matters which arise out 
of the terms of a contract governing purely commercial relations of the 
administration with customers or suppliers except where the complainant 
alleges harassment or gross delay in meeting contractual obligation;
  (d) action taken in respect of appointment, transfer and 
postings, removal, pay, discipline, superannuation, actions relating to 
claims for pension, gratuity, provident fund or to any claims which arises 
on retirement, removal or termination of service, or other matters relating 
to conditions of service of public servants;
  (e) grant of honours and awards;
  (f) any action in respect of which a formal and public inquiry 
has been ordered with the prior concurrence of the Lokayukta;
  (g) any action in respect of a matter which has been referred 
to inquiry under the Commissions of Inquiry Act, 1952;
Central Act 60 of 
1952.
  (h) any action relating to a person or Local Body which is 
under the purview of Ombudsman constituted under section 3 of the 
Tamil Nadu Local Bodies Ombudsman Act, 2014. 
Tamil Nadu Act 
27 of 2014.
  (2) In the case of any complaint, nothing in this Act shall be 
construed as empowering the Lokayukta to question any administrative 
action involving the exercise of a discretion, except where Lokayukta is 
satisfi ed that the elements 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.
 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 or serving in that capacity. 
Matters pending 
before any 
court or 
committee or 
authority for 
inquiry not to 
be affected.
 14. In case any matter or proceeding related to allegation of 
corruption under the Prevention of Corruption Act, 1988 has been pending 
before any court or committee of the Legislative Assembly or before any 
other authority prior to the commencement of this Act or prior to the 
commencement of any inquiry after the commencement of this Act, such 
matter or proceeding shall be continued before such Court, Committee or 
Authority.
Central Act 49 of 
1988.
 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 155
15. (1) Subject to the provisions of this Act,— Constitution of 
Benches of 
Lokayukta.
  (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 fi t;
  (c) every Bench shall ordinarily consist of at least one Judicial 
Member and the senior member of that bench shall preside over the 
bench;
  (d) where a Bench consists of the Chairperson, such Bench 
shall be presided over by the Chairperson.
  (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 reconstitute 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 three 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 fi t.
16. Where Benches are constituted, the Chairperson may, from time to 
time, by notifi cation, 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.
Distribution 
of business 
amongst 
Benches.
17. 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.
Power of 
Chairperson to 
transfer cases.
 18. 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 the Lokayukta who have heard the case, 
including those who fi rst heard it.
Decision to be by 
majority.
156 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
CHAPTER - VI.
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND 
DETAILED INQUIRY.
Provisions 
relating to 
complaints and 
preliminary 
inquiry and 
detailed inquiry.
 19. (1) The Lokayukta shall, on receipt of a complaint, fi rst decide 
whether to proceed in the matter or close the same and if the Lokayukta 
decides to proceed further, it shall,— 
  (a) order for a preliminary inquiry against any public servant 
referred to in clauses (a), (b) and (e) of sub-section (1) of section 12 by its 
Inquiry Wing or any agency of the Government to ascertain whether there 
exists a prima-facie case for proceeding in the matter;
  (b) forward the complaint to the Vigilance Commission for 
conducting a preliminary inquiry in respect of public servants belonging 
to Group A, Group B, Group C and Group D in clauses (c) and (d) of sub-
section (1) of section 12 to ascertain whether there exists a prima-facie 
case for proceeding in the matter:
 Provided that the Vigilance Commission in respect of complaints 
referred to it under this clause, after making preliminary inquiry in respect 
of public servants belonging to Group A and Group B, shall submit its 
report to the Lokayukta in accordance with the provisions contained in sub-
section (2) and in case of public servants belonging to Group C and Group 
D, the Commission shall proceed in accordance with the instructions and 
orders in force.
 (2) The Inquiry Wing or any agency of the Government or the 
Vigilance Commission, as the case may be, shall conduct the preliminary 
inquiry referred to in sub-section (1), on the basis of material, information 
and documents collected, seek the comments on the allegations made in 
the complaint from the public servant and competent authority and after 
obtaining the comments of the concerned public servant and competent 
authority, submit, within sixty days from the date of receipt of the reference, 
a report to the Lokayukta.
 (3) The Vigilance Commission may, for the purpose of conducting 
preliminary inquiry, utilise the service of the appropriate agency in 
accordance with the instructions and orders in force.
 (4) A Bench consisting of not less than three Members of the 
Lokayukta shall consider every report received under sub-section (2) 
from the Inquiry Wing or any agency of the Government or Vigilance 
Commission and after giving an opportunity of being heard to the public 
servant, decide as to whether there exists a prima-facie case, and proceed 
with the following actions, namely:— 
 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 157
  (a) order for a detailed inquiry in respect of public servants 
referred to in sub-section (1) of section 12 (other than the public servants 
belonging to Group C and Group D) by its Inquiry Wing or any agency of 
the Government;
  (b) recommend for departmental action in respect of public 
servants belonging to Group A and Group B;
  (c) closure of the proceedings against the public servant and 
take action to proceed against the complainant under section 35.
 (5) In case the Lokayukta decides to proceed with a detailed 
inquiry into the complaint, it shall direct the Inquiry Wing or any agency 
of the Government to carry out the inquiry as expeditiously as possible 
and complete the inquiry within a period of six months from the date of its 
order: 
 Provided that the Lokayukta may extend the said period by a 
further period not exceeding six months at a time for the reasons to be 
recorded in writing.
 (6) The Inquiry Wing or the agency of the Government so directed 
shall, in respect of cases referred to it by the Lokayukta, submit a detailed 
inquiry report to the Lokayukta. 
 (7) A Bench consisting of not less than three Members of the 
Lokayukta shall consider every report received by it under sub-section (6) 
from the Inquiry Wing or the agency so directed and may,—
  (a) send a report to the competent authority in respect of the 
public servants referred to in sub-section (1) of section 12 (other than the 
public servants belonging to Group C and Group D) for appropriate action;
  (b) order for closure of complaint. 
 (8) The Lokayukta may, during the preliminary inquiry or the 
detailed inquiry, as the case may be, pass appropriate orders for the safe 
custody of the documents relevant to the preliminary inquiry or, as the 
case may be, detailed inquiry, as it deems fi t. 
 (9) The website of the Lokayukta shall, from time to time and in 
such manner as may be specifi ed by regulations, display to the public, the 
status of number of complaints pending before it or disposed of by it. 
 (10) The Lokayukta may retain or cause to retain the original 
records and evidences, which are likely to be required in the process of 
preliminary inquiry or detailed inquiry.
158 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
 (11) Save as otherwise provided, the manner and procedure 
of conducting a preliminary inquiry or detailed inquiry (including such 
material and documents to be made available to the public servant) under 
this Act, shall be such as may be specifi ed. 
Persons likely to 
be prejudicially 
affected to be 
heard.
20. If, at any stage of the proceeding, the Lokayukta,—
  (a) considers it necessary to inquire into the conduct of any 
person other than the person against whom a complaint is fi led; or 
  (b) is of opinion that the reputation of any person other than 
the person against whom a complaint is fi led is likely to be prejudicially 
affected by the inquiry, the Lokayukta shall give to that person a reasonable 
opportunity of being heard in the inquiry and to produce evidence in his 
defence, consistent with the principles of natural justice.
Lokayukta 
may require 
any public 
servant or any 
other person 
to furnish 
information, 
etc.,
21. Subject to the provisions of this Act, for the purpose of any 
preliminary inquiry or detailed inquiry, the Lokayukta or the Director 
of inquiry, as the case may be, may require any public servant or any 
other person who, in its opinion, is able to furnish information or produce 
documents relevant to such preliminary inquiry or detailed inquiry, to 
furnish any such information or produce any such document.
Previous sanction 
not necessary 
for inquiry.
22. No sanction or approval of any authority shall be required by 
the Lokayukta for the purpose of making preliminary inquiry or detailed 
inquiry by the Inquiry Wing or Vigilance Commission or any agency of the 
Government on any complaint fi led before it against any public servant.
 CHAPTER – VII.
POWERS OF LOKAYUKTA.
Supervisory 
powers of 
Lokayukta.
 23. The Lokayukta shall, notwithstanding anything contained in any 
other law for the time being in force, have the powers of superintendence 
and direction over the Director of inquiry in respect of the matters in so far 
as they relate to the inquiry under this Act.
Lokayukta to 
have powers 
of civil court in 
certain cases.
 24. (1) Subject to the provisions of this section, for the purpose of any 
inquiry, the Inquiry Wing of the Lokayukta shall have all the powers of a 
civil court, under the Code of Civil Procedure, 1908, while trying a suit in 
respect of the following matters, namely:— 
Central Act V of 
1908.
  (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 af fi davits;
 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 159
  (d) requisitioning any public record or copy thereof from any 
court or offi ce;
  (e) issuing commissions for the examination of witnesses or 
documents:
 Provided that such commission, in case of a witness, shall be 
issued only where the witness, in the opinion of the Lokayukta, is not in a 
position to attend the proceeding before the Lokayukta; and 
  (f) such other matters as may be prescribed.
Central Act XLV 
of 1860.
 (2) Any proceeding before the Lokayukta shall be deemed to be a 
judicial proceeding within the meaning of section 193 of the Indian Penal 
Code.
25. (1) The Lokayukta may, for the purpose of conducting any 
preliminary inquiry or detailed inquiry, utilize the services of any offi cer or 
agency of the Government with the approval of the Government.
Power of 
Lokayukta to 
utilise services 
of offi cers of 
Government.
 (2) For the purpose of preliminary inquiry or detailed inquiry, any 
offi cer or agency whose services are utilized under sub-section (1) may, 
subject to the direction and control of the Lokayukta,—
  (a) summon and enforce the attendance of any person and 
examine him;
  (b) require the discovery and production of any document; 
and 
  (c) request any public record or copy thereof from any of fi cer. 
 (3) The of fi cer or agency whose services are utilised under sub-
section (1) shall inquire into any matter pertaining to the preliminary inquiry 
or detailed inquiry and submit a report thereon to the Lokayukta within 
such period as may be specifi ed by it in this behalf.
 26. (1) Where the Lokayukta, while making a preliminary inquiry into 
allegations of corruption, is prima facie satisfi ed, on the basis of evidence 
available, that,— 
Power of 
Lokayukta to 
recommend 
transfer or 
suspension of 
public servant 
connected with 
allegation of 
corruption.
 
  (a) the continuance of the public servant referred to in clause 
(c) or clause (d) of sub-section (1) of section 12 in his post while conducting 
the preliminary inquiry is likely to affect such preliminary inquiry adversely; 
or 
  (b) the public servant referred to in clause (a) is likely to 
destroy or in any way tamper with the evidence or infl uence witnesses, 
then, the Lokayukta may recommend to the Government for transfer or 
suspension of such public servant from the post held by him till such 
period as may be specifi ed in the order.
160 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
 
 (2) The Government shall ordinarily accept the recommendation 
of the Lokayukta made under sub-section (1), except for the reasons 
to be recorded in writing in a case where it is not feasible to do so for 
administrative reasons. 
Power of 
Lokayukta to 
give directions 
to prevent 
destruction of 
records during 
preliminary 
inquiry.
 27. The Lokayukta may, in discharge of its functions under this 
Act, issue appropriate directions to a public servant entrusted with the 
preparation or custody of any document or record—
  (a) to protect such document or record from destruction or 
damage; or 
  (b) to prevent the public servant from altering or secreting 
such document or record; or 
  (c) to prevent the public servant from transferring or alienating 
any assets allegedly acquired by him through corrupt means.
Power to 
delegate.
 28. The Lokayukta may, by general or special order in writing, and 
subject to such conditions and limitations as may be speci fi ed therein, 
direct that any administrative or fi nancial power conferred on it may also be 
exercised or discharged by such of its members or offi cers or employees 
as may be specifi ed in the order.
CHAPTER – VIII.
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS 
OF LOKAYUKTA.
Removal and 
suspension of 
Chairperson 
and Members 
of Lokayukta.
 29. (1) The Lokayukta shall not inquire into any complaint made 
against the Chairperson or any Member. 
 (2) Subject to the provisions of sub-section (4), the Chairperson or 
any Member shall be removed from his offi ce by order of the Governor on 
grounds of misbehavior, after the High Court, on a reference being made 
to it by the Governor on a petition signed by at least forty-fi ve Members of 
the Legislative Assembly, has, on an inquiry held by the High Court in that 
behalf, reported that the Chairperson or such Member, as the case may 
be, ought to be removed on such ground.
  (3) The Governor may suspend from of fi ce, the Chairperson or 
any Member in respect of whom a reference has been made to the High 
Court under sub-section (2), on receipt of the recommendation or interim 
order made by the High Court in this regard until the Governor has passed 
orders on receipt of the fi nal report of the High Court on such reference.
  (4) Notwithstanding anything contained in sub-section (2), the 
Governor may, by order, remove from the offi ce, the Chairperson or any 
Member, if the Chairperson or such Member, as the case may be,—
 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 161
(a) is adjudged an insolvent; or
(b) engages himself during his term of offi ce, in any paid employment 
outside the duties of his offi ce; or
  (c) is, in the opinion of the Governor, un fi t to continue in offi ce 
by reason of infi rmity of mind or body.
  (5) If the Chairperson or any Member is, or becomes, in any 
way concerned or interested in any contract or agreement made by or on 
behalf of the Government of India or the Government of Tamil Nadu or 
participates in any way in the profi t thereof or in any benefi t or emolument 
arising therefrom otherwise than as a member and in common with the 
other members of an incorporated company, he shall, for the purposes of 
sub-section (2), be deemed to be guilty of misbehaviour.
Central Act
49 of 1988.
 30. (1) Every complaint of allegation or wrong doing made against 
any of fi cer or employee or agency under or associated with the 
Lokayukta for an offence punishable under the Prevention of Corruption 
Act, 1988 shall be dealt with in accordance with the provisions of this 
section. 
Complaints 
against
offi cials of 
Lokayukta.
 (2) The Lokayukta shall complete the inquiry into the complaint or 
allegation made within a period of thirty days from the date of its receipt.
 (3) While making an inquiry into the complaint against any of fi cer 
or employee of the Lokayukta or agency engaged or associated with the 
Lokayukta, if it is prima facie satisfi ed on the basis of evidence available, 
that,—
  (a) continuance of such of fi cer or employee of the Lokayukta 
or agency engaged or associated in his post while conducting the inquiry 
is likely to affect such inquiry adversely; or
  (b) an of fi cer or employee of the Lokayukta or agency 
engaged or associated is likely to destroy or in any way tamper with the 
evidence or infl uence witnesses, 
then, the Lokayukta may, by order, suspend such of fi cer or employee 
of the Lokayukta or divest such agency engaged or associated with the 
Lokayukta of all powers and responsibilities hereto before exercised by it .
162 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
 (4) On completion of the inquiry, if the Lokayukta is satis fi ed 
that there is prima facie evidence of the commission of an offence under 
the Prevention of Corruption Act, 1988, or of any wrong doing, it shall, 
within a period of fi fteen days of the completion of such inquiry, sent its 
report to the Vigilance Commission of the State for appropriate action 
on such offi cer or employee of the Lokayukta or such of fi cer, employee, 
agency engaged or associated with the Lokayukta and initiate disciplinary 
proceedings against the offi cial concerned: 
Central Act
49 of 1988.
  Provided that no such order shall be passed without giving such 
offi cer or employee of the Lokayukta, or agency so engaged or associated, 
a reasonable opportunity of being heard.
CHAPTER - IX.
FINANCE, ACCOUNTS AND AUDIT.
Budget.  31. The Lokayukta shall prepare, in such form and at such time in 
each fi nancial year as may be prescribed, its budget for the next fi nancial 
year, showing the estimated receipts and expenditure of the Lokayukta 
and forward the same to the Government.
Grants by 
Government.
 32. The Government may, after due appropriation made by the 
Legislative Assembly of the State by law in this behalf, make to the 
Lokayukta grants of such sums of money as are required to be paid for 
the salaries and allowances payable to the Chairperson and Members 
and the administrative expenses, including the salaries and allowances 
and pension payable to or in respect of of fi cers and other employees of 
the Lokayukta.
Annual statement 
of accounts.
 33.  (1) The Lokayukta shall maintain proper accounts and other 
relevant records and prepare an annual statement of accounts in such 
form as may be prescribed in consultation with the Accountant General of 
Tamil Nadu.
  (2) The accounts of the Lokayukta shall be audited by the 
Accountant General of Tamil Nadu at such intervals as may be specifi ed 
by him.
  (3) The Accountant General of Tamil Nadu or any person appointed 
by him in connection with the audit of the accounts of the Lokayukta under 
this Act shall have the same rights, privileges and authority in connection 
with such audit, as the Accountant General of Tamil Nadu generally has, 
in connection with the audit of the Government accounts and, in particular, 
shall have the right to demand the production of books, accounts, 
connected vouchers and other documents and papers and to inspect any 
of the offi ces of the Lokayukta.
 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 163
  (4) The accounts of the Lokayukta, as certi fi ed by the Accountant 
General of Tamil Nadu or any other person appointed by him in this behalf, 
together with the audit report thereon, shall be forwarded annually to the 
Government and the Government shall cause the same to be laid before 
the Legislative Assembly of the State.
 34. The Lokayukta shall furnish to the Government, at such time and 
in such form and manner as may be prescribed or as the Government 
may request, such returns and statements and such particulars in regard 
to any matter under the jurisdiction of the Lokayukta, as the Government 
may, from time to time, require.
Furnishing of 
returns etc., to 
Government.
CHAPTER - X.
ACTION ON FALSE COMPLAINTS.
35. (1) Notwithstanding anything contained in this Act, whoever makes 
any false and frivolous or vexatious complaint under this Act shall, on 
conviction, be punished with imprisonment for a term which may extend to 
one year and with fi ne which may extend to one lakh rupees.
Prosecution for 
false complaint 
and payment of 
compensation, 
etc., to public 
servant.
  (2) No Court shall take cognizance of an offence under 
sub-section (1) except on a complaint made by a person against whom 
the false, frivolous or vexatious complaint was made or by an of fi cer 
authorised by the Lokayukta.
 (3) The prosecution in relation to an offence under sub-section (1) 
shall be conducted by the public prosecutor and all expenses connected 
with such prosecution shall be borne by the Government.
 (4) In case of conviction

Excerpt shown. Open the full act in Lexace.

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