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The Telangana Lokayukta Act, 1983.

Telangana · state statute
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THE TELANGANA LOKAYUKTA ACT, 1983.
(ACT NO. 11 OF 1983)
ARRANGEMENT OF SECTIONS
Section s
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of Lokayukta and Upa -Lokayukta.
4. Lokayukta or Upa -Lokayukta to hold no other
office.
5. Term of office and other conditions of service of
Lokayukta and Upa-Lokayukta.
6. Removal of Lokayukta or Upa -Lokayukta .
7. Matters which may be investigated by Lokayukta
or Upa-Lokayukta.
8. Matters not subject to investigation by Lokayukta
or Upa-Lokayukta.
9. Provision relating to complaints.
10. Procedure in respect of investigations.
11. Evidence.
12. Reports of Lokayukta and Upa -Lokayukta .
13. Prosecution for false complaints .
13 -A. Imposition of costs.
14. Staff of Lokayukta and Upa -Lokayukta.
15. Secrecy of Information .
16. Intentional insult or interruption to, or bringing into
disrepute, Lokayukta or Upa-Lokayukta.
17. Protection of action taken in good faith.
THE TELANGANA LOKAYUKTA ACT, 1983. 1
ACT NO.11 OF 1983.
1 . ( 1 ) T h i s A c t m a y b e c a l l e d t h e 2
Telangana Lokayukta
Act, 1983.
(2) It extends to the whole of the State of 2
Telangana.
( 3 ) I t s h a l l c o m e i n t o f o r c e o n s u c h d a t e a s t h e S t a t e
Government may, by notification published in the
2
Telangana Gazette, appoint.
2. In this Act, unless the context otherwise requires-
3
[(a) “action”  means an administrative action taken by
a p u b l i c s e r v a n t b y w a y o f d e c i s i o n , r e c o m m e n d a t i o n o r
finding or in any other manner, and includes any omission
and commission and failure to act in connection with or
arising out of such action; and all other expressions
connecting action shall be construed accordingly;]
(b) “allegation”  i n r e l a t i o n t o a p u b l i c s e r v a n t m e a n s
any affirmation that such public servant,-
 ( i ) h a s a b u s e d h i s p o s i t i o n a s s u c h , t o o b t a i n a n y
gain or favour to himself or to any other person, or to cause
undue harm or hardship to any other person;
1. The Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983
received the assent of the President on the 25th August, 1983. The said
Act with the omission of “Upa-Lokayukta” in the short title and with
a m e n d m e n t s a s i n f o r c e i n t h e c o m b i n e d S t a t e , o n 0 2 . 0 6 . 2 0 1 4 , h a s
b e e n a d a p t e d t o t h e S t a t e o f T e l a n g a n a , u n d e r s e c t i o n 1 0 1 o f t h e
Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide.
the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Substituted by Act No.1 of 2007.
Short title , extent
and
commencement.
Definitions.
2 [Act No.11 of 1983]
4
[(ia) has failed to discharge the functions attached to
his post;]
 (ii) was actuated in the discharge of his functions as
such public servant by improper or corrupt motive and
thereby caused loss to the State or any member or section
of the public; or
 (iii) is guilty of corruption, or lack of integrity in his
capacity as such public servant;
(c) “competent authority”  in relation to a public servant,
means,-
5
[(d) “corruption”  includes anything made punishable
under Chapter IX of the Indian Penal Code, 1860 or under
the Prevention of Corruption Act, 1988 as amended from
time to time;]
(e) “Government”  means the State Government;
4. Inserted by Act No.31 of 2017 (w.e.f.30.10.2019 vide. Telangana
Gazette Notification No.227-A, Part-I, Extraordinary, dated 30.10.2019).
5. Substituted by Act No.1 of 2007.
(i) in the case of a Minister,
Chief Secretary or
Secretary.
The Chief Minister.
(ii) in the case of a Member
of either House of the
State Legislature.
The Speaker of the
Legislative Assembly or
as the case may be the
Chairman of the
Legislative Council.
(iii) in the case of any other
public servant.
Such authority as may
be prescribed.
Central Act 45 of 1860.
Central Act 49 of 1988.
[Act No.11 of 1983] 3
6
[(ea) “Grievance”  means a claim by a person that he
sustained injustice or undue hardship in consequence of
maladministration;]
(f) “Lokayukta”  means a person appointed to be the
Lokayukta under section 3;
7
[(fa) “Maladministration”  m e a n s a c t i o n t a k e n o r
purporting to have taken in exercise of administrative
function in any case where,-
 (i) such action or the administrative procedure or
practice governing such action is unreasonable, unjust,
oppressive or improperly discriminatory; or
 (ii) there has been willful negligence or undue delay
in taking such action or the administrative procedure or
practice governing such action involving undue delay;]
8
[(g) “Minister”  means a member (other than the Chief
M i n i s t e r ) o f t h e C o u n c i l o f M i n i s t e r s , f o r t h e S t a t e o f
9
Telangana and includes a Deputy Chief Minister, a Minister,
a Minister of State, a Deputy Minster or a Parliamentary
Secretary;]
(h) “notification”  means a notification published in the
9
Telangana Gazette and the expression “notified” shall be
construed accordingly;
10
[(i) “Officer”  means a person appointed to a public
service in connection with the affairs of the State of
9
Telangana;]
6. Clause (ea) inserted by Act No.11 of 2011.
7. Clause (fa) inserted by Act No.11 of 2011.
8. Substituted by Act No.1 of 2007.
9. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
10. Clause (i) substituted by Act No.11 of 2011.
4 [Act No.11 of 1983]
(j) “prescribed”  means prescribed by rules made under
this Act;
11
(k) “public servant”  means a person who is or was at
any time,-
 (i) Minister as referred to in clause (g);
 (ii) Member of either House of the State Legislature
including the Chief Whip;
 (iii) Officer as referred to in clause (i);
 (iv) 12
[(1) Every Chair-person, Vice Chair-person and
Members of Zilla Praja Parishad and every President and
Members of Mandal Praja Parishad and Sarpanch, Upa-
Sarpanch and Members of a Gram Panchayat, constituted
by or under the 13
Telangana Panchayat Raj Act, 1994;]
  (2) every Mayor 14
[every Deputy Mayor and elected
members] of a Municipal Corporation constituted by or
under the relevant law for the time being in force;
15
[(3) Every Chair-person, Vice Chair-person and
elected members of a Municipal Council constituted under
the 16
Telangana Municipalities Act, 1965;]
 (v) every Chairman or President, by whatever name
called of the Governing Body to which the management is
11. Clause (k) substituted by Act No.1 of 2007.
12. Substituted by Act No.11 of 2011.
13. Adapted by G.O.Ms.No.9, PR & RD (Mandal) Department, dated
12.09.2014 and this Act is repealed by Act No.5 of 2018.
14. Inserted by Act No.11 of 2011.
15. Substituted by Act No.11 of 2011.
1 6 . A d a p t e d b y G . O . M s . N o . 1 4 2 , M A & U D ( F 2 ) D e p a r t m e n t , d a t e d
29.10.2015.
Act No.13 of 1994.
Act 6 of 19 65.
[Act No.11 of 1983] 5
entrusted and every director or member, if any, in respect
of,-
  (1) any local authority in the State of 17
Telangana;
  (2) any statutory body or Corporation (not being a
local authority) established by or under 18
[ a S t a t e A c t o r a
Central Act] and owned or controlled by the Government of
17
Telangana and any other Board or Corporation as the
Government may having regard to its financial interest
therein specify by notification in the Gazette from time to
time;
  (3) any Government company within the meaning of
section 617 of the 19
Companies Act, 1956 in which not less
t h a n 5 1 p e r c e n t of i t s p a i d u p s h a r e c a p i t a l i s h e l d b y t h e
Government of 17
T e l a n g a n a o r a n y C o m p a n y w h i c h i s a
subsidiary of such company;
  (4) any society registered under the 20
Telangana
Societies Registration Act, 2001 21
[XXX];
22
[(5) any Co-operative Society registered or
deemed to be registered under the 23
Telangana
17. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
18. Substituted for the words ‘‘a State Act” by Act No.11 of 2011.
1 9 . P l e a s e s e e t h e r e l e v a n t p r o v i s i o n s o f t h e C o m p a n i e s A c t , 2 0 1 3
(Central Act No.18 of 2013) wherein 1956 Act is repealed.
20. Adapted by G.O.Ms.No.20, Revenue (Regn.II) Department, dated
18.08.2014.
21. Omitted by Act No.31 of 2017 (w.e.f.30.10.2019 vide. Telangana
Gazette Notification No.227-A, Part-I, Extraordinary, dated 30.10.2019).
22. Substituted by Act No.11 of 2011.
23. Adapted by G.O.Ms.No.53, Agriculture & Cooperation (Coop.II)
Department, dated 20.05.2016.
Telangana Act 35 of
2001.
Central Act 1 of 19 56 .
Telangana Act 7 of
1964.
6 [Act No.11 of 1983]
Co-operative Societies Act, 1964 and the 24
Telangana
Mutually Aided Co-operative Societies Act, 1995 having its
area of operation in the State either whole or in part;]
  (6) Member of a Committee or Board, statutory or
non-statutory, constituted by the Government of
25
Telangana;
 (vi) every Vice-Chancellor and Registrar of a
University in the State established by law made by the State
Legislature;
 (vii) Officer in the Service or pay of a local authority,
University, Statutory Body or Corporation, Society or other
institutions 26
[as is referred to in sub-clauses (iv) to (vi)];]
27
[(l) “Secretary”  m e a n s a S e c r e t a r y t o t h e
Government, and includes the Chief Secretary, Special
Chief Secretary, Principal Secretary, an Additional Secretary
and a Joint Secretary;]
(m) “Upa-Lokayukta”  means a person appointed to be
the Upa-Lokayukta under section 3.
3. 27
[(1) For the purpose of conducting investigation in
accordance with the provisions of this Act, the Governor
shall, by warrant under his hand and seal, appoint a person
to be known as the ‘Lokayukta’, and one or more persons
as ‘Upa-Lokayukta’ or ‘Upa-Lokayuktas’:
24. Adapted by G.O.Ms.No.28, Agriculture and Cooperation (Coop.II)
Department, dated 19.04.2016.
25. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
26. Added by Act No.11 of 2011.
27. Substituted by Act No.31 of 2017 (w.e.f.30.10.2019 vide. Telangana
Gazette Notification No.227-A, Part-I, Extraordinary, dated 30.10.2019).
Appointment of
Lokayukta and
Upa-Lokayukta.
Telangana Act 30 of
1995.
[Act No.11 of 1983] 7
Provided that,-
28
[(a) the person to be appointed as the Lokayukta
shall be a Retired Chief Justice of a High Court or a Retired
Judge of a High Court;]
 (b) the person to be appointed as Upa-Lokayukta
s h a l l b e a r e t i r e d J u d g e o f H i g h C o u r t o r a r e t i r e d D i s t r i c t
Judge;
 ( c ) t h e L o k a y u k t a o r U p a - L o k a y u k t a s h a l l b e
appointed on the recommendation of Committee consisting
of,-
  (i) the Chief Minister of the State;
  (ii) the Speaker of Legislative Assembly of the State;
  (iii) the Leader of Opposition in the Legislative
Assembly;
  (iv) the Chairman of the Legislative Council;
  (v) the Leader of Opposition in the Legislative
Council.]
29
[(2) (i) Every person appointed to be the Lokayukta
shall, before entering upon his office, make and subscribe,
before the Governor an oath or affirmation according to the
form set out for the purpose in the First Schedule.
 (ii) Every person appointed to be the Upa-Lokayukta
shall, before entering upon his office, make and subscribe
before the Governor or some person appointed in that
28. Substituted by Act No.5 of 2020.
29. Substituted by Act No.1 of 2001.
8 [Act No.11 of 1983]
behalf by him, an oath or affirmation according to the form
set out for the purpose in the First Schedule.]
(3) The Upa-Lokayukta shall function under the
administrative control of the Lokayukta and in particular, for
the purpose of convenient disposal of investigations under
t h i s A c t , t h e L o k a y u k t a m a y i s s u e g e n e r a l o r s p e c i a l
directions, as he may consider necessary, to the Upa-
Lokayukta:
P r o v i d e d t h a t n o t h i n g i n t h i s s u b - s e c t i o n s h a l l b e
construed to authorise the Lokayukta to question any
decision, finding, or recommendation of the Upa-Lokayukta.
4 . ( 1 ) T h e L o k a y u k t a o r U p a - L o k a y u k t a s h a l l n o t b e a
member of either House of Parliament or of a House of the
Legislature of any State, nor shall behold any office of trust
or profit (other than his office as the Lokayukta or, as the
case may be, Upa-Lokayukta) or shall be connected with
any political party, or shall carry on any business or practice
any profession.
(2) A person appointed to be the Lokayukta or, as the
case may be, the Upa-Lokayukta, shall, before he enters
upon his office-
 ( a ) i f h e i s a M e m b e r o f P a r l i a m e n t o r o f t h e
Legislature of any State, resign such membership; or
 ( b ) i f h e h o l d s a n y o f f i c e o f t r u s t o r p r o f i t c e a s e t o
hold such office by resignation or otherwise; or
 (c) if he is connected with any political party, sever
his connection with it; or
Lokayukta or Upa -
Lokayukta to hold
no other office.
[Act No.11 of 1983] 9
 (d) if he is carrying on any business, discontinue his
participation (short of divesting himself of ownership) in the
conduct and management of such business; or
 ( e ) i f h e i s p r a c t i s i n g a n y p r o f e s s i o n , s u s p e n d t o
practise such profession.
5. (1) Every person appointed to be the Lokayukta or
Upa-Lokayukta shall hold office for a term of five years from
the date on which he enters upon his office:
Provided that,-
 (a) the Lokayukta or Upa-Lokayukta may by writing
under his hand addressed to the Governor, resign his office;
 (b) the Lokayukta or Upa-Lokayukta may be removed
from his office in the manner specified in section 6.
(2) If the office of the Lokayukta or Upa-Lokayukta
becomes vacant, or if the Lokayukta or Upa-Lokayukta is, by
reason of absence or for any other reason whatsoever,
unable to perform the duties of his office, those duties, shall,
until some other person is appointed under section 3 and
e n t e r s u p o n s u c h o f f i c e o r , a s t h e c a s e m a y b e , u n t i l t h e
Lokayukta or Upa-Lokayukta resumes his duties, be
performed,-
 (a) where the office of the Lokayukta becomes vacant
o r w h e r e f o r a n y r e a s o n a f o r e s a i d h e i s u n ab l e t o p e r f o r m
the duties of his office, by the Upa-Lokayukta or if there are
two or more Upa-Lokayuktas, by such one of the Upa-
Lokayuktas as the Governor may, by order, direct;
 (b) where the office of the Upa-Lokayukta becomes
vacant or where for any reason aforesaid he is unable to
perform the duties of his office by the Lokayukta himself or if
Term of office and
other conditions
of service of
Lokayukta and
Upa-Lokayukta.
10 [Act No.11 of 1983]
the Lokayukta so directs, by the other Upa-Lokayukta or as
the case may be, such one of the other Upa-Lokayuktas as
may be specified in the direction.
30
[(3) The Lokayukta or the Upa-Lokayukta appointed
under this Act, on ceasing to hold office, shall be ineligible
for employment either under the Government or any such
local authority, Corporation, Government Company or
S o c i e t y a s r e f e r r e d t o i n s u b - c l a u s e ( v ) o f c l a u s e ( k ) o f
section 2.]
31
[(4) The salary payable to the Lokayukta or Upa-
Lokayukta in respect of time spent on actual service shall
r e s p e c t i v e l y b e t h e s a m e a s t h a t o f t h e C h i e f J u s t i c e o r a
Judge of the 30
[High Court for the State of Telangana].]
(5) The allowances and pension, payable to and other
conditions of service of the Lokayukta or Upa-Lokayukta
shall respectively be the same as those of the Chief Justice
or a Judge of the 30
[High Court for the State of Telangana:]
Provided that the allowances and pension payable to,
and other conditions of service of, the Lokayukta or Upa-
Lokayukta shall not be varied to his disadvantage after his
appointment.
6. (1) The Lokayukta or Upa-Lokayukta may be removed
f r o m h i s o f f i c e b y t h e G o v e r n o r o n t h e g r o u n d o f
misbehaviour or incapacity and on no other ground:
Provided that no Lokayukta or Upa-Lokayukta shall be
s o r e m o v e d e x c e p t a f t e r a n i n q u i r y i n w h i c h h e h a s b e e n
informed of the charges against him and given a reasonable
opportunity of being heard in respect of those charges:
30. Substituted by Act No.5 of 2020.
31. Substituted by Act No.39 of 1987.
Removal of
Lokayukta or Upa-
Lokayukta.
[Act No.11 of 1983] 11
Provided further that any such inquiry—
 (i) in respect of Lokayukta, shall be held only by a
person appointed by the Governor being a person who is or
has been a Judge of the Supreme Court or the Chief Justice
of a High Court; and
 (ii) in respect of Upa-Lokayukta, shall be held only by
a person appointed by the Governor, being a person who is
or has been a Judge of the Supreme Court or who is or has
b e e n a J u d g e o f t h e 32
[ H i g h C o u r t f o r t h e S t a t e o f
Telangana].
(2) The person appointed under the proviso to sub-
section (1), shall submit the report of his inquiry to the
Governor who shall, as soon as may be, but not later than
s i x m o n t h s , c a u s e i t t o b e l a i d b e f o r e e a c h H o u s e o f t h e
State Legislature.
(3) Notwithstanding anything in sub-section (1), the
Governor shall not remove the Lokayukta or Upa-Lokayukta
unless an address by each House of the State Legislature
supported by a majority of the total membership of that
House and a majority of not less than two-thirds of the
m e m b e r s o f t h a t H o u s e p r e s e n t a n d v o t i n g h a s b e e n
p r e s e n t e d t o t h e G o v e r n o r i n t h e s a m e s e s s i o n f o r s u c h
removal.
7. (1) Subject to the provisions of this Act, the Lokayukta
may investigate any action which is taken by, or with the
general or specific approval of, or at the behest of,-
 (i) a Minister or a Secretary; or
32. Substituted by Act No.5 of 2020.
Matters which
may be
investigated by
Lokayukta or Upa-
Lokayukta.
12 [Act No.11 of 1983]
 (ii) a Member of either House of the State Legislature;
or
 (iii) a Mayor of the Municipal Corporation constituted
by or under the relevant law for the time being in force; or
33
[(iii-a) a Vice Chancellor or a Registrar of a
University;]
 (iv) any other public servant, belonging to such class
o r s e c t i o n o f p u b l i c s e r v a n t s , a s m a y b e n o t i f i e d b y t h e
Government in this behalf after consultation with the
Lokayukta, in any case where a complaint involving an
allegation is made in respect of such action, or such action
can be or could have been, in the opinion of the Lokayukta,
the subject of an allegation.
(2) Subject to the provisions of this Act, the Upa-
Lokayukta may investigate any action which is taken by, or
with the general or specific approval of, any public servant,
other than those referred to in sub-section (1), in any case
where a complaint involving an allegation is made in respect
of such action, or such action can be or could have been, in
the opinion of the Upa-Lokayukta, the subject of an
allegation.
(3) Notwithstanding anything in sub-section (2), the
Lokayukta may, for reasons to be recorded in writing,
investigate any allegation in respect of an action which may
be investigated by the Upa-Lokayukta under that sub-
section, whether or not complaint has been made to the
Lokayukta in respect of such action.
(4) Where two or more Upa-Lokayuktas are appointed
under this Act, the Lokayukta may by general or special
33. Inserted by Act No.1 of 2007.
[Act No.11 of 1983] 13
o r d e r , a s s i g n t o e a c h o f t h e m m a t t e r s w h i c h m a y b e
investigated by them under this Act:
Provided that no investigation made by the Upa-
Lokayukta under this Act and no action taken or thing done
by him in respect of such investigation shall be called in
question on the ground only that such investigation relates
to a matter which is not assigned to him by such order.
8. (1) The Lokayukta or Upa-Lokayukta shall not
investigate any allegation-
 (a) in respect of which a formal and public inquiry has
been ordered under the Public Servants (lnquiries) Act,
1850.
 (b) in respect of a matter which has been referred for
inquiry under the Commissions of Inquiry Act, 1952;
 In case where the Lokayukta or Upa-Lokayukta, as
the case may be, has given his prior concurrence for such
inquiry:
Provided that if, on an application for such
concurrence, no intimation of withholding it is
communicated within ninety days after the receipt of the
application by the Lokayukta or Upa-Lokayukta, as the case
may be, the concurrence shall be deemed to have been
given.
34
[(2) The Lokayukta or Upa-Lokayukta shall not
investigate any complaint involving an allegation, if the
complaint is made after the expiry of six years from the date
on w h ic h th e ac tion compl ain e d again st is al l e ge d to have
been taken place or after the expiry of a period of one year
34. Section 8(2) substituted by Act No.11 of 2011.
Mat ters not
subject to
investigation by
Lokayukta or Upa-
Lokayukta.
Central Act 37 of 1850.
Central Act 60 of 1 952.
14 [Act No.11 of 1983]
from the date on which the action complained against
becomes known to the complainant, whichever is later.]
9. 35
[(1) Subject to the provisions of this Act, a complaint
m a y b e m a d e u n d e r t h i s A c t t o t h e L o k a y u k t a o r U p a -
Lokayukta in the case of an allegation by any person, or in
the case of a grievance by a person aggrieved, in respect of
any action.]
( 2 ) E v e r y c o m p l a i n t s h a l l b e m a d e i n s u c h f o r m , a n d
s h a l l b e a c c o m p a n i e d b y s u c h a f f i d a v i t s a s m a y b e
prescribed.
(3) Notwithstanding anything in any other law for the
time being in force, any letter written to the Lokayukta or
Upa-Lokayukta by a person in police custody, or in a goal or
i n a n y a s y l u m , o r o t h e r p l a c e f o r i n s a n e p e r s o n s s h a l l b e
forwarded to the addressee unopened and without delay by
t h e p o l i c e o f f i c e r o r o t h e r p e r s o n i n - c h a r g e o f s u c h g o a l ,
asylum or other place and the Lokayukta or Upa-Lokayukta,
as the case may be, may, treat such letter as a complaint
made in accordance with the provisions of sub-section (2).
10. (1) Where the Lokayukta or Upa-Lokayukta after
making such preliminary verification as he deems fit,
proposes to conduct any investigation under this Act, he-
 ( a ) s h a l l f o r w a r d a c o p y o f t h e c o m p l a i n t o r , i n t h e
case of any investigation which he proposes to conduct on
his own motion, a statement setting out the grounds
therefor, to the public servant concerned and the competent
authority concerned;
35. Section 9(1) substituted by Act No.11 of 2011.
Provision relating
to complaints.
Procedure in
respect of
investigations.
[Act No.11 of 1983] 15
 ( b ) s h a l l a f f o r d t o t h e p u b l i c s e r v a n t c o n c e r n e d a n
opportunity to offer his comments on such complaint or
statement; and
 (c) may make such orders as to the safe custody of
documents relevant to the investigation as he deems fit.
(2) (a) Every preliminary verification referred to in sub-
section (1) shall be conducted in private and in particular,
the identity of the complainant and of the public servant
affected by the said preliminary verification shall not be
disclosed to the public or the press, whether before or
during the preliminary verification, but every investigation
referred to in sub-section (1) shall be conducted in public:
 Provided that the Lokayukta or Upa-Lokayukta may
conduct any such investigation in private, if he, for reasons
to be recorded in writing thinks fit to do so.
36
[(b) The Lokayukta or Upa-Lokayukta as the case
may be shall make an endeavour to complete the
i n v e s t i g a t i o n w i t h i n a p e r i o d o f o n e y e a r f r o m t h e d a t e o f
issue of notice in Form No.VII as prescribed in the rules to
the public servants; and where it is unable so to do he shall
record his reasons for such inability.]
(3) Save as aforesaid, the procedure for conducting
an y in ve stigation sh all be suc h as th e Lokay u kta or as the
case may be, the Upa-Lokayukta considers appropriate in
the circumstances of each case.
(4) The Lokayukta or Upa-Lokayukta may, in his
discretion, refuse to investigate or discontinue the
investigation of any complaint involving any allegation if in
his opinion-
36. Substituted by Act No.1 of 2007.
16 [Act No.11 of 1983]
 (a) the complaint is frivolous or vexatious, or is not
made in good faith; or
 (b) there are no sufficient grounds for investigating or,
as the case may be, for continuing the investigation; or
 (c) other remedies are available to the complainant
a n d i n t h e c i r c u m s t a n c e s o f t h e c a s e i t w o u l d b e m o r e
proper for the complainant to avail of such remedies.
(5) In any case where the Lokayukta or Upa-Lokayukta
decides not to entertain a complaint or to discontinue any
investigation in respect of the complaint, he shall record his
reasons therefor and communicate the same to the
complainant and the public servant concerned.
11. (1) Subject to other provisions of this section, for the
purpose of any investigation (including the preliminary
verification, if any, before such investigation) made under
this Act, the Lokayukta or Upa-Lokayukta may require any
p u b l i c s e r v a n t o r a n y o t h e r p e r s o n , w h o i n h i s o p i n i o n i s
able to furnish information or produce documents relevant
to the investigation to furnish any such information or
produce any such document.
(2) For the purpose of any such investigation (including
the preliminary verification) the Lokayukta or Upa-Lokayukta
shall have all the powers of a civil court of while trying a suit
u n de r the Code of Civil P roce du re , 19 08 , in re spe c t of the
following matters, namely,-
 (a) summoning and enforcing the attendance of any
person and examining him on oath;
 ( b ) r e q u i r i n g t h e d i s c o v e r y a n d p r o d u c t i o n o f a n y
document;
Evidence .
Central Act 5 of 1908.
[Act No.11 of 1983] 17
 (c) receiving evidence on affidavits;
 (d) requisitioning any public record or copy thereof
from any Court or office;
 (e) issuing commissions for the examination of
witnesses or documents;
 (f) such other matters as may be prescribed.
( 3 ) A n y p r o c e e d i n g s b e f o r e t h e L o k a y u k t a o r U p a -
Lokayukta shall be deemed to be a judicial proceeding
within the meaning of section 193 of the Indian Penal Code,
1860.
(4) Subject to the provisions of sub-section (5), no
obligation to maintain secrecy or other restriction upon the
disclosure of information obtained by or furnished to the
Government or any public servants, whether imposed by or
under any law or by any instrument having the force of law,
shall apply to the disclosure of information for the purpose
of any investigation made under this Act and the
Government or any public servant shall not be entitled in
relation to any such investigation to any such privilege in
respect of the production of documents or the giving of
evidence as is allowed by any law or instrument as aforesaid
in legal proceedings:
Provided that no person shall be compelled for the
purpose of any investigation under this Act to give any
evidence or produce any document which he could not be
compelled to give or produce in any proceedings before a
court.
(5) No person shall be required or authorised by virtue
of this Act, to furnish any such information or answer any
such question or produce so much of any document-
Central Act 45 of 18 60.
18 [Act No.11 of 1983]
 ( a ) a s m i g h t p r e j u d i c e t h e s e c u r i t y o r d e f e n c e o r
international relations of India (including India’s relations
with the Government of any other country or with any
international organization); or
 (b) as might involve the disclosure of proceedings of
the Council of Ministers of the Government or any
Committee of that Council;
an d for th e pu rpose of th is su b-se c tion a certific ate issue d
by the Chief Secretary to the Government certifying that any
information, answer or portion of a document is of the
nature specified in clause (a) or clause (b) shall be binding
and conclusive.
12. (1) If, after investigation of any allegation in respect of
any action under this Act, the Lokayukta or Upa-Lokayukta
is satisfied that such allegation is substantiated either,
wholly or partly, he shall by a report in writing, communicate
his findings and recommendations along with the relevant
documents, materials or other evidence to the competent
authority.
(2) The competent authority shall examine the report
forwarded to it under sub-section (1) and without any further
inquiry, take action on the basis of the recommendation and
intimate within three months of the date of receipt of the
r e p o r t , t h e L o k a y u k t a o r , a s t h e c a s e m a y b e , t h e U p a -
Lokayukta the action taken or proposed to be taken on the
basis of the report.
( 3 ) W h e r e , in a r e p o r t f o r w a r d e d b y t h e L o k a y u k t a o r
Upa-Lokayukta, any recommendation imposing the penalty
of removal from the office of the public servant falling within
s u b - c l a u s e ( i v ) o r s u b - c l au s e ( v ) o f c l au s e (k ) o f s e c t i o n 2
h a s b e e n m a d e , i t s h a l l b e l a w f u l f o r t h e G o v e r n m e n t
without any further inquiry to take action on the basis of the
Reports of
Lokayukta and
Upa-Lokayukta.
[Act No.11 of 1983] 19
said recommendation for the removal of such public servant
f r o m h i s o f f i c e a n d f o r m a k i n g h i m i n e l i g i b l e f o r b e i n g
elected to any office specified by the Government in this
behalf, notwithstanding anything contained in any law for
the time being in force.
(4) If the Lokayukta or Upa-Lokayukta is satisfied with
the action taken or proposed to be taken on his findings and
recommendations referred to in sub-section (1), he shall
close the case under intimation to the complainant, the
public servant and the competent authority concerned; but
where he is not so satisfied and if he considers that the case
so deserves, he may make a special report upon the case to
the Governor and also inform the complainant.
(5) The Lokayukta and the Upa-Lokayukta shall present
annually a consolidated report on the work done under this
Act to the Governor.
(6 ) On re ce ipt of th e spe c ial re port un de r su b-se c tion
(4) or the annual report under sub-section (5), the Governor
shall cause a copy thereof together with and explanatory
memorandum to be laid before each House of the State
Legislature.
(7) Subject to the provisions of sub-section (2) of
section 10, the Lokayukta may, at his discretion make
available, from time to time, the substance of cases closed
or otherwise disposed of by him or by the Upa-Lokayukta,
w h i c h m a y a p p e a r t o h i m t o b e o f a g e n e r a l , p u b l i c ,
academic or professional interest, in such manner and to
such persons as he may deem appropriate.
13. Notwithstanding anything in section 10 or any other
provisions of this Act, whoever wilfully or maliciously makes
an y fal se compl ain t un de r th is Ac t, sh al l , on c on vic tion , be
Prosecution for
false complaints.
20 [Act No.11 of 1983]
punished with imprisonment for a term which may extend to
one year and shall also be liable to fine.
(2) No Court, except a court of the judicial magistrate of
the first class shall take cognizance of the offence under
sub-section (1).
( 3 ) N o s u c h C ou r t s h a l l t a ke c o g n i z a n c e of a n y s u c h
o f f e n c e e x c e p t o n a c o m p l a i n t m a d e b y a p e r s o n a g a i n s t
whom false complaint was made, and after obtaining the
previous sanction of the Lokayukta or Upa-Lokayukta, as
the case may be.
(4) Such Court, on conviction of the person making
false complaint, may award, out of the amount of the fine, to
the complainant such amount of the compensation as it
thinks fit.
37
[13-A. (1) In case any complaint made is found malicious,
vexatious or false, the Lokayukta or Upa-Lokayukta may
impose suitable costs against the complainant and the
same shall be recoverable as arrears of land revenue.
(2) The Lokayukta or Upa-Lokayukta may award costs
to the complainant.]
14. The Lokayukta may appoint, or authorise Upa-
Lokayukta or any officer subordinate to the Lokayukta or
Upa-Lokayukta to appoint, officers and other employees to
assist the Lokayukta and the Upa-Lokayuktas in the
discharge of their functions under this Act.
(2) The categories of officers and employees who may
be appointed under sub-section (1), their salaries,
allowances and other conditions of service and the
37. Section 13-A inserted with marginal heading by Act No.11 of 2011.
Staff of Lokayukta
and Upa-
Lokayukta.
Imposition of
costs.
[Act No.11 of 1983] 21
administrative powers of the Lokayukta and Upa-Lokayuktas
shall be such as may be prescribed, after consultation with
the Lokayukta.
(3) Without prejudice to the provisions of sub-section
(1), the Lokayukta or Upa-Lokayukta may, for the purpose of
conducting investigations under this Act, utilise in such
manner as may be prescribed the services of,-
 (i) any officer or investigation agency of the State
Government or the Central Government with the
concurrence of that Government; or
 (ii) any other person or agency.
15. (1) Any information obtained by the Lokayukta or Upa-
Lokayukta or any member of their staff in the course of, or
for the purposes, of, any preliminary verification made under
this Act, and any evidence recorded or collected in
connection with such information, shall, subject to the
provisions of clause (a) of sub-section (2) of section 10, be
treated as confidential; and notwithstanding anything in the
Indian Evidence Act, 1872, no court shall be entitled to
compel the Lokayukta or Upa-Lokayukta or any public
servant to give evidence relating to such information or
produce the evidence so recorded or collected.
(2) Nothing in sub-section (1) shall apply to the
disclosure of any information or particulars,—
 (a) for purposes of the investigation or in any report
to be made thereon or for any action or proceedings to be
taken on such report; or
 ( b ) f o r p u r p o s e s o f a n y p r o c e e d i n g s f o r a n o f f e n c e
under the Official Secrets Act, 1923 or an offence of giving
or fabricating false evidence under the Indian Penal Code,
Secrecy of
Information.
Central Act 1 of 18 72 .
Central Act 19 of 1 923 .
22 [Act No.11 of 1983]
1860 or for purposes of any trial of an offence under section
13 or any proceedings under section 16, of this Act; or
 (c) for such other purposes as may be prescribed.
(3) An officer or other authority prescribed in this behalf
m a y g i v e n o t i c e i n w r i t i n g t o t h e L o k a y u k t a o r U p a -
L o k a y u k t a , a s t h e c a s e m a y b e , w i t h r e s p e c t t o a n y
document or information specified in the notice or any class
of documents so specified, that in the opinion of the
Government the disclosure of the documents or class of
documents or information would be prejudicial to public
interest; and where such a notice is given the Lokayukta or
Upa-Lokayukta may, for reasons to be recorded, decide as
to whether the disclosure of such document/or class of
documents or information involves public interest. In case
the disclosure of any document or information so specified
is held to involve public interest, the Lokayukta, the Upa-
L o k a y u k t a o r a n y m e m b e r o f t h e i r s t a f f s h a l l n o t
communicate to any person any such document or
information.
16. (1) Whoever, intentionally offers any insult or causes
any interruption to the Lokayukta or Upa-Lokayukta while
the Lokayukta or Upa-Lokayukta is conducting any
investigation under this Act, shall, on conviction, be
punished with simple imprisonment for a term which may
extend to six months or with fine or with both.
(2) Whoever, by words spoken or intended to be read
makes or publishes any statement or does any other act,
which is calculated to bring the Lokayukta or Upa-Lokayukta
into disrepute, shall, on conviction be punished with simple
imprisonment for a term which may extend to six months, or
with fine, or with both.
Intentional insult
or interruption to,
or bringing into
disrepute,
Lokayukta or Upa-
Lokayukta.
Central Act 45 of 1860.
[Act No.11 of 1983] 23
(3) The provisions of section 199 of the Code of
Criminal Procedure, 1973, shall apply in relation to an
offence under sub-section (1) or sub-section (2) as they
apply in relation to an offence referred in sub-section (1) of
the said section 199; subject to the modification that no
c ompl ain t in re spe c t of su ch offen c e sh al l be made by th e
Public Prosecutor, except with the previous sanction:
 (a) in the case of an offence against the Lokayukta, of
the Lokayukta;
 (b) in th e c ase of an offen c e again st U pa-Lokay u kta
of the Upa-Lokayukta concerned.
17. No suit, prosecution or other legal proceedings shall lie
against the Lokayukta or Upa-Lokayukta or against any
officer, employee, agency or person referred to in section 14
i n r e s p e c t o f a n y t h i n g w h i c h i s i n g o o d f a i t h d o n e o r
intended to be done under this Act.
(2) No proceedings of the Lokayukta or Upa-Lokayukta
shall be deemed to be invalid by reason only of a defect or
infirmity in his appointment or with the conduct of the
proceedings.
(3) No proceedings, decision, finding or
recommendation of Lokayukta or Upa-Lokayukta shall be
liable to be challenged, reviewed, quashed or called in
question in any court or tribunal.
18. (1) The Governor may, by a notification and after
consultation with the Lokayukta, confer on the Lokayukta or
Upa-Lokayukta, as the case may be, such additional
functions in relation to the eradication of corruption as may
be specified in the notification.
Protection of
action taken in
good faith.
Central Act 2 of 1974 .
Conferment of
additional
functions on
Lokayukta and
Upa-Lokayukta,
etc .
24 [Act No.11 of 1983]
( 2 ) T h e G o v e r n o r m a y , b y o r d e r i n w r i t i n g a n d a f t e r
consultation with the Lokayukta, confer on the Lokayukta or
Upa-Lokayukta such powers of supervision over agencies,
authorities or officers set up, constituted or appointed by the
Government of the eradication of corruption.
(3) The Governor may, by order in writing and subject
to such conditions and limitations as may be specified
therein, require the Lokayukta to investigate any action
(being action in respect of which a complaint may be made
under this Act, to the Lokayukta or Upa-Lokayukta) and
notwithstanding anything in this Act the Lokayukta shall
comply with such order:
Provided that the Lokayukta may entrust investigation
o f a n y s u c h a c t i o n ( b e i n g a c t i o n i n r e s p e c t o f w h i c h a
c o m p l a i n t m a y b e m a d e u n d e r t h i s A c t , t o t h e U p a -
Lokayukta) to the Upa-Lokayukta.
(4) When any additional functions are conferred on the
Lokayukta or Upa-Lokayukta under sub-section (1) or when
the Lokayukta or Upa-Lokayukta is to investigate any action
under sub-section (3), the Lokayukta or Upa-Lokayukta shall
e x e r c i s e t h e s a m e p o w e r s a n d d i s c h a r g e t h e s a m e
functions as he would in the case of any investigation made
on a complaint involving an allegation, and the provisions of
this Act shall apply accordingly.
19. The Lokayukta or Upa-Lokayukta may, by general or
special order, in writing, direct that any powers or duties of
administrative nature (except the power to make reports to
the Governor under section 12), may also be exercised or
discharged by such of the officers, employees or agencies
referred to in section 14, as may be specified in the order.
20. (1) The Government may, by notification, make rules
for carrying out all or any of the purposes of this Act.
Power to
delegate.
Power to make
rules.
[Act No.11 of 1983] 25
(2) In particular, and without prejudice to the generality
of the foregoing provisions, such rules may provide for-
 ( a ) t h e a u t h o r i t i e s f o r t h e p u r p o s e r e q u i r e d t o b e
prescribed under sub-clause (iii) of clause (c) of section 2;
 (b) the allowances and pension payable to and other
conditions of service of, the Lokayukta and Upa-Lokayukta;
 ( c ) t h e f o r m i n w h i c h c o m p l a i n t s m a y b e ma d e a n d
the fees if any, which may be charged in respect thereof;
 (d) the powers of Civil Court which may be exercised
by the Lokayukta or Upa Lokayukta;
 ( e ) a n y o t h e r m a t t e r w h i c h i s t o b e o r m a y b e
p r e s c r i b e d o r i n r e s p e c t o f w h i c h t h i s A c t m a k e s n o
provisions or makes insufficient provision and provision is in
the opinion of the Government necessary for the proper
implementation of this Act.
(3) Every rule made under this Act shall immediately
a f t e r i t i s m a d e , b e l a i d b e f o r e e a c h H o u s e o f t h e S t a t e
Legislature if it is in session and if it is not in session, in the
session immediately following, for a total period of fourteen
d a y s w h i c h m a y b e c o m p r i s e d i n o n e s e s s i o n o r i n t w o
s u c c e s s i v e s e s s i o n s , a n d i f b e f o r e t h e e x p i r a t i o n o f t h e
session in which it is so laid or the session immediately
following, both Houses agree in making any modification
the rule or in the annulment of the rule, the rule shall from
the date on which such modification or annulment is notified
have effect only in such modified form or have no effect as
the case may be, so however, that any such modification or
annulment shall be without prejudice to the validity of
anything previously done under that rule.
26 [Act No.11 of 1983]
21. For the removal of doubts, it is hereby declared that
nothing in this Act shall be construed to authorise the
Lokayukta or Upa-Lokayukta to investigate any allegation
against-
(a) the Chief Justice or any Judge of the High Court or
a member of the Judicial service as defined in clause (b) of
article 236 of the Constitution;
(b) any officer or servant of any Court in the State;
(c) the Accountant-General, 38
Telangana;
( d ) t h e C h a i r m a n o r a m e m b e r o f t h e 38
Telangana
Public Service Commission;
(e) the Chief Election Commissioner, the Election
Commissioners and the Regional Commissioners referred to
in article 324 of the Constitution and the Chief Electoral
Officer of the State of 38
Telangana;
(f) the Speaker and the Deputy Speaker of the
Legislative Assembly and the Chairman and the Deputy
C h a i r m a n o f t h e L e g i s l a t i v e C o u n c i l a n d t h e s t a f f o f t h e
Legislature Secretariat;
39
[xxx]
38. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
39. Clauses (g) and (h) omitted by Act No.5 of 2020.
Removal of
doubts.
[Act No.11 of 1983] 27
40
[21-A.The Lokayukta, Upa-Lokayukta, Officers and other
employees of the Lokayukta shall be deemed, when acting
or purporting to act in pursuance of any of the provisions of
this Act, to be public servants within the meaning of section
21 of the Indian Penal Code, 1860.]
22. The provisions of this Act shall be in addition to the
provisions of any other enactment or any rule of law under
which remedy in any other manner is available to a person
m a k i n g a c o m p l a in t u n d e r t h i s A c t a n d n o th i n g i n t h i s A c t
shall limit or affect the right of such person to avail of such
remedy.
40. Inserted by Act No.31 of 2017 (w.e.f.30.10.2019 vide. Telangana
Gazette Notification No.227-A, Part-I, Extraordinary, dated 30.10.2019).
Savings .
Lokayukta, Upa -
Lokayukta,
Officers and
employees of the
Lokayukta to be
Public Servants.
Central Act 45 of 1860.
28 [Act No.11 of 1983]
FIRST SCHEDULE.
[see section 3(2)].
I…………………………..having been appointed to be
Lokayukta do swear in the name of God
Upa-Lokayukta solemnly affirm
t h a t I w i l l b e a r t r u e f a i t h a n d a l l e g i a n c e t o t h e
C o n s t i t u t i o n o f I n d i a a s b y l a w e s t a b l i s h e d , a n d I w i l l d u l y
and faithfully and to the best of my ability, knowledge and
judgement perform the duties of my office without fear and
favour, affection or ill will.
SECOND SCHEDULE 41
[xxx]
* * *
41. Second Schedule omitted by Act No.39 of 1987.
2 [Act No. 11 of 1983]
18. Conferment of additional functions on Lokayukta
and Upa-Lokayukta, etc.
19. Power to delegate .
20. Power to make rules.
21. Removal of doubts.
21 -A. Lokayukta, Upa -Lokayukta, Officers and
employees of the Lokayukta to be Public Servants.
22. Savings.
FIRST SCHEDULE.
SECOND SCHEDULE (omitted).

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