The Tripura Lokayukta Act, 2008

THE TRIPURA ACT NO 1 OF 2010
I
THE TRIPURA LOKAYUKTA ACT, 2008.
i
I
n
 
PUBLISHED IN THE EXTRAORDINARY ISSUE OF
' TRIPURA GAZETTE
Agartafa, Monday, March 22, 2010 A. D., Chaitra 1, 1932 S. E.
GOVERNMENT OF TRIPURA
LAW DEPARTMENTr
No.F.8(9)-Law/Leg-112008 Dated,Agartalathe22"“March,2010.
I
Thefoliowing Act of the Trip ura Legislative Assembly received the assent of
the President on 24‘-02-2010 and is hereby published for General Information.
S.C. Das.
Secretary, Law.
Government of Tripura.
THE TRIPURA ACT NO. 1 OF 2010
The Tripura Lokayukta Act, 2008
A Bill to provide for the establishmentof the institution of Lokqvukta to
investigate the complaints by the citizens against the pul)lic_fimcti0naries in Tripura
alleging corrupt practices by themandfor mattersdirectly connectedtherewith.
WHEREAS it is expedient to provide for the establishmentof the institution of
Lokayukta to investigatethe complaints by the citizens againstthe public functionaries
in Tripura alleging corrupt practices by them and for matters directly connected
therewith;
Be it enactedby the Tripura Legislative Assembly in the Fifty-Ninth year of the
Republic of lndia asfollows :
Shttérgltiétllc,1. (1) ThisAct maybecalledtheTripuraLokayuktaAct, 2008.€X ‘
commencement
(2) It extendsto thewholeof Tripura.
(3) It shallcomeintoforceonsuchdate,astheStateGovernmentmayby
notificationin theofficial Gazette,appoint.
Definitions 2. in thisAct, unlessthecontextotherwiserequires,
(I) "action" means action taken by a public functionary in the discharge or purported
dischargeof his public function;
(2) "Chief Minister" meansthe Chief Minister of the Governmentof Tripura.
(3) "competentauthority“, in relation to a public functionary, means,
(i) in thecaseof theChiefMinister,theStateLegislativeAssembly.
(ii) in the caseof a Minister, the Chief Minister:
Providedthat duringthe periodof operationof anyproclamationissued
underarticle356of theConstitutionof India,theGovemor;
(iii) in the caseof a Member of the StateLegislative Assembly, the Speakerof the
StateLegislativeAssembly.
2 _
' 
Explanation.- The Speakerof the Legislative Assembly shall act in consultation
with the Chief Minister andthe Leaderof the Oppositionin the
(
(
iv)
V)
(Vi)
(4)
(5)
(6)
(7)
(3)
. (9)
(10)
(ll)
(13)
StateLegislativeAssembly:
in the case of Pradhan, the Upa-Pradhan and the
members of the Gram Panchayat,the Chairrnan, the
\{icc-Chairman and the members of the Panchayat
Samiti
in the case of Sabhadhipati- the Sahakari
Sabhadhipatiandthe membersof the Zilla Parishad
in the case of the Councillors, Chairperson. Vice-
Chairperson, members of the Nagar Panchayat
Committee and the Chairperson. the Vice-
Chairperson~in- Council, the Mayor, the Deputy
Sabhadhipati of the Zilla
Parishad of the concerned
District;-
M inister-in-charge,
Panchayat Department.
Governmentol'Tripura .
Minister-in-charge.
Department of Urban
Development, Government
of Tri pura.
Mayor, the members of Mayor-in-Council and
Commissionerofthe_Nagar Panchayats,Municipality
or the Municipal Corporation,asthe casemay be.
"complaint".in relationto apublicfunctionary,meansanallegationmadein writingby
any personthat suchpublic functionary,in dischargeor purporteddischargeof his
public function hasbeenguilty ofcorrupt practice;.
"corruptpractice"meansthatthepublicfunctionaryin anyof his actionhasbeenguilty
of wilful lack of financial integrity andtor wilful abuseof power for personalgain ;
"Governor"meanstheGovernorof theStateof Tripura;
"grievance meansa claim by a personthat he sustainedinjustice or undue hardship in
consequenceofthc wilful failure to perform duties duly assignedto a public functionary;
"l-okayukta" meansthe personappointedassuchundersection 3;
"Minister" meansa Minister of the Governmentof'I‘ripura_ and includes :1Deputy Chief
Minister- a Minister. a Mirrister of State.a Deputy Minister:
"notification" meansa notification publishedin the (J_’)_‘ficiulGazette.‘
"prescribed" meansprescribedby rules madeunderthis Bill;
"public functionary" meansa personwho is
i) the Chief Minister or a Minister:
ii) a Member ofthe StateLegislative Assembly:
iii any other personholding an office or post consequentupon an election held under
the Tripura Municipal Act, 1994andthe Tripura PanchayatsAct. I993.
oJ
3. (1) For the purpose of conducting investigations and inquiries in accordanc
with the provisions of this Act, the Governor shall. by warrant under his
handandseal,appointapersonto beknownastheLokayukta.
Provided that--
the Lokayuktashallbeappointedby theGovernoron theadvicetenderedby
the fhief Minister in consultationwith the Speakerandthe Leaderof the
Opposition of the Legislative Assemblyof the State.
(2) A personshallnot be qualifiedfor appointmentasl-ol~;ayuktaunlesshe is
a retiredJudgeof the High Court or is qualified to bea Judgeof High
Court.
(3) Notwithstandinganythingcontainedin any otherprovisionof this Act, a
personof high integrityandeminenceshallbeappointeda Lokayukta if
suchrecommendationis madeby theChief Minister in consultationwith
the Speakerand the Leaderof the Oppositionof the StateLegislative
Assembly. '
(4) (a) Temporaryor casualvacancyin the office of the Lokavuktashall be
titled up in accordancewith prescribedrules for a periodhot exceeding
sixmonths.
(in)If the Lokayuktais unableto performhis dutiesfor six monthsor
more,theGovernormaydeclaretheofficevacant‘;
Provided that the*Governor shall hear such Lokayukta before declaring
suchoffice asvacant.
(c) A vacancyoccurringin theoffice of theLokayuktaby reasonof his
death,resignation,retirementor removalshallbefilled upassoonas
‘ possible,but not laterthanthreemonthsfrom thedateof occurrence
of suchvacancy.
-.
4. The Lokayukta shall not be a Member of Parliament or a Member of the
Offics Legislatureof any State,or holdanyoffice of profit, otherthanhis office asthe
Lokayuktaor be connectedwith any political party,or oarryonany businessor
practiceany profession,and,accordingly,a personappointedasthe Lokayukta
shall,beforeheentersuponhisoffice,
(a) if he is a Memberof Parliamentor of theLegislatureof anyState,resign
suchmembership;
(h) if heholdsanyofficeof profit,resignsuchoffice;
(cl)if he is connectedwith any political party, severhis connectionwith it;
(cl)if he is carryingon anybusiness,severhis connection(shortof divesting
himselfof ownership)with theconductandmanagementof suchbusiness;
or - .
{e} ii’ he is practisinganyprofession,suspendpracticeof suchprofessiontill
histenureto thatpost. ”
' 4
I1______._._’i*i‘..:;_......-_*;ei,.>>- _T_;¢--i-_ _:_.?___ fr , i I 1 r
Termofnfficeof 5. (1')Every personappointedasthe Lokayukta shall hold office for a period of three
Lolzayultta yearsfrom the dateheassumeshis office:
Removal of
Lokayukta
Matters
which may
be investi-
gatedby
Lokayukta
Mattersnot
subjectto
investigation
byLokayukta.
andlimitation
thereof
7
8.
Providedthat-
(a) the Lokayukta may, in writing under his hand addressedto the Govemor,
resignhis office;
(b) the Lokayukta may be removed from office in the manner provided in
section6. -"
(2) The Lokayukta shall before he enters upon his office, make and subscribe
beforethe Governor.or someotherpersonappointedin that behalfby him, an
oathor affirmation accordingto the form setout for the purposein the Scheduleto
this Act.
(3) On ceasing to hold ojfice. the Lokayukta shall be ineligible for further
appointmentas the Lokayukta or for any employmentunderthe StateGovernment
or underthe local authority, University, statutorybody or corporation, society, co-
operativesociety, GovernmentCompany,or other body or corporation constituted
by or underany Statelaw. .
(1)The Lokayukta shall not be removedfrom his office except by an order of the
Governor,passedafter an addressby the LegislativeAssemblyof the State
supportedby amajorityof thetotalmembershipof the‘Houseandbyamajorityof
not lessthantwo-thirdsof themembersof thatHousepresentandvoting,hasbeen
presentedto the Governorin thesamesessionfor suchremovalon thegroundof
provedmisconductincludingcorruptpracticeor incapacity.'
(2) Theprocedurefor thepresentationof anaddressandfor the investigationand
proofof themisconductincludingcorruptpracticeor incapacityof theLokayukta
undersub-section(1) shall be asprovidedin the Judges(Inquiry) Act, I968, in
relationto the removalof a Judgeand,accordingly,the provisionsof that Act
shallapply,muratismurandis,in relationto theremovalof theLokayuktaasthey
ap-p'lyin relationto theremovalof aJudge.
Every investigationon any complaintalleging corrupt practicesagainst-the
public functionaries under this Act shall be initiated by the Lokayukta with the
priorapprovalof thecompetentauthority.
(1)TheLokayuktashallnotinvestigateanycomplaintallegingcorruptpractices
againstanypublic functionaryin respectof which a fomtal andpublic inquiry
hasbeenorderedunderthePublicServants(Inquiries)Act, 1850.
- 4
(2) The Lokayukta shall not investigateany complaint alleging corrupt practices
againstanypublicfunctionary,if suchcomplaintismadeaftertheexpiryof one
yeartiorn thedateonwhich the actioncomplainedof isallegedto have taken
place: ~ '
_ ._-..._. r
5
I. _ ...-_ _ _ _
Bar of
investigation
againstGovt.
servant
Provision relating
to complaints
Procedurein
respectof
investigation
0
1
9
1
Provided that the Lokayukta may. on being satisfied on the facts and
circumstancesof the easethat the delay hasbeenproperly explained or that it is
necessaryso to do in the interest ofjustice, condonethe delay and investigate
thecomplaint.
(3) The Lokayukta shall not, excepton a referenceby a Court of law. investigate
any matterwhich is underadjudication by suchCourt of law.
. Notwithstanding anything contained in any of the provisions of this Act. the
Lokayukta shall not investigateany complaint againsta Governmentservant.
0. (l) Subjectto the provisionsof this Act, complaint may be madeby any
personto the Lokayukta in respectof any action:
Providedthat deathof thecomplainantshall not debar.if the Lokayukta who
is in seisinof themattersodesires.to proceedwith theinvestigationwith such
help asheconsidersnecessary.
(2) Every complaint shall be madein suchform and shall beaccompaniedby
suchaffidavitsasmaybeprescribed.
ll. (l) Where the Lokayukta is satisfied on preliminary enquiry that the
complaintneedsinvestigationhe-
ta) shall forward a copy of tli‘e_**eo_mplaint,a statementsettingout the grounds
of such investigation,to the;public functionary concernedand the
competentauthority concernedfor information:
(b) shall give the public functionary concernedan opportunity to offer his
commentson suchcomplaint or statement;and
(c) may make suchorder asto the safecustodyof documentsrelevantto the
investigationashedeemsfit.
(2) (a) Every preliminary enquiry referredto in sub-section(I) shall be made
in private and, in particular, the identity of the complainant and of the public
functionary affected by such preliminary enquiry shall not be made public.
whether before or during such preliminary enquiry. but the result of every
investigationmadeundersubsection(l) shall bemadepublic. V
(b) Every such investigationshall be completedasearly as possiblebut in
no casethe period of suchinvestigationshall exceedone year.
(3) (a) Saveasotherwise provided in the foregoing provisions of this section,
the procedure for making any investigation shall beAsuch as the Lokayukta
considersappropriatein the circumstancesof eachcase.but regardshall always be
given to the principles of naturaljustice.
6
__ "'""“”’ _ _ '__ _ 17* ' _ Em " 
(b) For the purposeof investigationunderthis Act, the Lokayukta may, with
the concurrenceof the State Government, utilize the services of any officer or
investigating agency including the Police of that Governmentand suchofficer or
investigatingagencyincludingthePoliceshalldoall suchactor deed.whichshall
beessentialfor such investigation.
(4) The Lokayukta may. in his discretion. refuseto investigate,or discontinue
theinvestigationof. anycomplaintinvolvinganyallegationif, in hisopinion,
(a) the complaint is frivolous or vexatiousor is not madein good faith; or
(b) thereareno sufficient groundsfor investigationor, asthe casemay
be. for continuing the investigation;or
(c) other remedies are available to the complainant and, in the
circumstancesof the case, it would be more proper for the
complainantto availof suchremedies.
(5) In any casewhere the Lokayukta decidesnot to entertain a complaint or
decidesto discontinueany investigationin respectof the complaint.he shall
recordhis reasonsthereforandcommunicatethe sameto the complainant,the
publicfunctionaryandthecompetentauthority.
E"ld°"°e 12. (l) Subjectto other provisionsof this section,for the purposesof any
investigation(including preliminaryenquiry,if any, beforesuch investigation)
underthisAct, theLokayuktamayrequireanypublicservantor anyotherperson,
who,in his opinion,isableto furnishinformationor producedocuments,relevant
to theinvestigation,to furnishsuchinformationor producesuchdocument.
(2) For the purposesof any suchinvestigation(including the preliminary
enquiry),the Lokayuktashallhaveall the powersof a civil courtwhile trying a
suit undertheCodeof Civil Procedure,I908, in respectof thefollowingimatters,
namely:
(a)summoningandenforcingtheattendanceof anypersonandexamining
him on oath:
(b) requiringthediscoveryandproductionof anydocument;
(0) receivingevidenceonaffidavits;
(d) requisitioninganypublicrecordorcopythereoffromanycourtor
office;
(e) issuingcommissionsfor theexaminationof witnessesor documents;
(f) suchothermattersasmaybeprescribed.
(3) Any proceedingbeforethe Lokayuktashall be deemedto be ajudicial
proceedingwithin themeaningof sectionI93 of theIndianPenalCode,I860.
(4) No personshallberequiredor authorized,by virtueof thisAct, to furnish
suchclassor categoryof information,answeror question,or producesomuchof
suchclassorcategoryof document,-
7
 -
Reportsof
Lokavukta
Annual
Reportsof
Lokayukta
I4
Prosecutiontor 15,
false complaint
(a) as might prejudicethe securityor defenceor international relationsof
India (includingthe relationsof India with the Governmentof any
othercountryorwith anyinternationalorganization).or
(b) as might involve the disclosure of proceedingsof the Council of
Ministers of the StateGovernmentor any Committee of that Council
ofMinisters,and
(c) to give any evidenceor produceany documentwhich he could not be
compelledto giveorproducein anyproceedingsbeforea Court.
(5) For the purpose of sub-section (4), a certificate issued by the Chief
Secretaryto the Governmentof Tripura, certifying that any information or answer
or any portion of a documentis of the classor category specified in clause(a) or
clause(b), shall be conclusiveandbinding.
13. (I) If, after investigation of any complaint in respectof any action underthis
Act. the Lokayukta is satisfied that suchcomplaint is substantiated.either wholly
or partly, he shall sendto the competentauthority a ‘report in writing. recording
therein his findings and recommendationsalong with the relevant documents,
materialsor otherevidence.
(2)Thecompetentauthorityshall.onreceiptof thereportundersub-section(I).
examinethesaidreport,takeappropriateactionandinformtheLokayukta.
(I) TheLokayuktashallpresentannuallya consolidatedreporton thework done
underthisAct to theStateGovernment.
(2) On receiptof annualreportundersub-section(I). theStateGovernmentshall
causea copy thereof to be laid before the State Legislaturealong with a
memorandumof actiontakenon the recommendationsof the Lokayuktaandthe
reasonsfor non—acceptanceof therecommendations,if any.
(I) Notwithstandinganythingcontainedin sectionll or elsewherein this Act,
whoever wilfully or maliciously makesany false complaint under this Act, shall.
on conviction, be punishedwith imprisonmentfor a term which may extendto one
yearbut shallnotbe lessthanthreemonthsandshallalsobeliableto tine which
mayextendto Rs.5,000/-(five thousand).
(2) N0 court,exceptthe courtof a JudicialMagistrateof the first class,shall
take cognizanceof an offence undersub-section(I).
(3) No such court shall take cognizance of any such offence unless the
complaintis madewith the previoussanctionof the Lokayukta.by the person
againstwhomthefalsecomplaintwasmade.
(4) Any such court may. on conviction of a personmaking the false
complaint, award to the opposite party. such amount of compensationout of the
amountof fine, as it thinl~'.sfit. .
gmmq» 16. (1) The Lokayukta may appoint such officers and other employees.as may be
Lokayukta prescribedby the State Government. to assistthe Lokayukta in discharging his
functions underthis Act. 8 .
Secrecy_ot
1nlormation
(2) Without prejudice to the provisions of sub-section(l). the Lokayukta may. for
the purposeof conducting investigationsunderthis Act, utilize. in suchmanneras
may beprescribed.the servicesof, -
(a) any officer or investigatingagencyof the StateGovernmentwith the
concurrence of that Government;
(b) any other personor agency.
17. (1),Any information obtained by the Lokayukta or any of his officers or
other employeesin thecourse of. or for the purposesof. any preliminary enquiry
under this Act, and any evidence recordedor collected in connection with such
information, shall, subject to the provisions of clause (a) of sub-section (2) of
section ll. be treatedas confidential; and notwithstanding anything contained in
the Indian EvidenceAct, 1872,no court shall havejurisdiction to compelthe
Lokayukta or any public servantto give evidencerelating to such information or
to producetheevidencesorecordedor collected.
(2) Nothing in sub-section(l) shall apply to the disclosureof any information
or particulars
(a) for thepurposesof anyinvestigationor any reportto bemadeon such
investigationor anyactionor proceedingsto betakenon suchreport;
or
(b) for thepurposesof anyproceedingsfor anyoffenceundertheOfficial
SecretsAct, 1923,or anyoffenceof givingfalseevidenceor fabricating
false evidenceunderthe Indian PenalCode, I860, or any trial of an
offenceundersectionI5, or any proceedingsundersection18,of this
Act; or
(c) for suchotherpurposesasmaybeprescribed
(3) Such officer or authority as may be prescribed in this behalfi may give
notice in writing to the Lokayukta with respectto any document or information
specifiedin thenoticeor anyclassor categoryof documentssospecified,that in
the opinion of the StateGovernment,the disclosureof the documentor the
information or the class or category of documents would be prejudicial to the
public interest;andwheresucha noticeis given,the Lokayuktamay,for reasons
to berecordedin writing decideasto whetherthedisclosureof suchdocumentor
informationor classor categoryof documentsinvolvespublicinterest.In casethe
disclosure of any document or information or class or category of documentsso
specifiedis heldto involvepublicinterest,theLokayuktaor anyof hisofficersor
other employeesshall not communicateto any personany such documentor
informationor classor categoryof documents.
Intentional 18. (1) Whoever‘intentionallyinsultsor causesanyinterruptionto theLokayukta
insultor
interruptionto,
or bringinginto
disrepute
Lokayukta.
while the Lokayukta is making any investigationunder this Act, shall, on
conviction, bepunishedwith simple imprisonmentfor a term which may extendto
six months,or with fine whichmayextendto Rs.5,000/-(fivethousand)or with
both.
9
 —
Protectionotactiontakenin goodtaitli
Conditions of
appointmentof 20'Lokayukta
L'onl_ermentot 21
additional
tunctionsonLokayukta
l’_o\\-"erot'State(_vo\'ei'nmentto
make rules
(2) Whoever. by words. spokenor intendedto be read, makes or publishes
any statement,or does any other act, which is calculated to bring the Lokayukta
into disrepute. shall, on conviction, be punishedwith simple imprisonment for a
term which may extendto six months.or with fine which may extendto
Rs.5.000/-(fivethousand)or with both.
(3) The provisions oflsection 199 of the Code of Criminal Procedure,1973
(hereinafterreferredto in this sub-sectionasthe saidCode). shall apply in relation
to anoffenceundersub-section(1)or sub-section(2) of this sectionastheyapply
in relation to an offence referred to in sub-section(1) of section 199 of the said
Code. subject to the modification that no complaint in respect of such offence
shall be made by the Public Prosecutorexcept with the previous sanction of the
Lokayukta.
(4) The Lokayukta shall haveand may exercisethe samejurisdiction, powers
and authority. in accordancewith the sameprocedureand practice, in respectof
contempt as a High Court has and may exercise. and. for this purpose, the
provisionsof the Contemptof CourtsAct. 1971.shallhaveeffect,subjectto the
modification that any referencetherein to the High Court shall be construedto be
a referenceto the Loka).ukta..
19. (1) No suit. prosecution or other legal proceedings shall lie against the
Lokayuktaor againstanyofficer.employee.investigatingagency,or otherperson
or agencyreferredto in section15in respectof anythingwhich is in goodfaith
doneor intendedto be doneunderthis Act.
(2) No proceedingsof theLokayuktashallbedeemedto beinvalidby reason
onlyof anydefector infirmity in hisappointment.
(3) No proceeding.decision,finding or recommendationof the Lokayukta
shall be liable to be challenged. reviewed. quashedor called in question in any
court or tribunal.
The Lokayukta shall be entitled to such allowances and privileges and other
conditions of appointment,asmay beprescribed.
(1) The StateGovernmentmay, by order in writing, subjectto suchconditions and
limitationsasmay bespecifiedin theorder,requirethe Lokayuktato investigate
any allegation (being an allegation in respectof which a complaint may be made
underthis Act to the Lokayukta) and, notwithstanding anything contained in this
Act, the Lokayukta. shall comply with suchorder.
(2) When any additional functions are conferredon the Lokayukta under Sub
Sec-1, the Lokayukta shall exercise the same powers and discharge the same
functions ashe would exerciseand dischargein the caseof any investigation on a
complaint involving an allegation, and the provisions of this Act shall apply
accordingly.
22. (1) The State Government may. in consultation with the Lokayukta, by
notification. make rules for carrying out the purposesof this Act.
(2) ln particular. and without prejudice to the generality of the foregoing
power,su_chrules may provide for all or any of the following matters:
10
PowerolLokayuktatomake .regulations
Removal ol 24
doubts
(a) the matters in respectof which the Lokayukta shall have powers of a
civil court underclause(l) of sub~section(2) of section l2;
(b) the other purposes in relation to disclosure of any information or
evidence under clause (c) of sub-section (2), and the officer or
authorityfor thepurposesof sub~section(3),of section17;
(c) any other matterwhich is requiredto be,or may be.prescribedj
(3) Every rule made under this section shall be laid, as soon as may be after it is
made,beforetheStateLegislature.
23. (l) The Lokayukta may. with the prior approval of the StateGovernment,by
notification. make such regulations as may deem necessaryfor carrying out the
purposesof this Act.
(2) In particular. and without prejudiceto thegenerality of the foregoing power,
suchregulationsmay provide for all or any of the mattersnamely:
(a) the normal working hoursof the office of the Lokayukta. and holding
of sittings of the Lokayukta outsidenormal working hours;
' (b) theholdingof sittingsof theLokayuktaat placesotherthantheplace
of ordinarysittings;
(c) the procedurewhich may befollowed by the Lokayukta for
conductingproceedingsincludinginquiryandinvestigation;
(d) the forms in which complaintsmay be made.the affidavitswhich
mayaccompanyisuchcomplaints,andthefees,if any,whichmaybe
chargedin respectthereof;
(e) the forms andnoticesas may.in the opinionof the Lokayukta.be
necessaryfor carrying out the inquiry and investigation.
If any difficulty arises in giving effect to the provisions of this Act,_the State
Government_may, by order, not inconsistent with the provisions oi this Act.
removethe difficulty:
Provided that no such order shall be madeafter the expiry of a period of two
yearsfrom the dateof publication of this Act in the Qflicial Gazette.‘
I
ll
).
THE SCHEDULE
[ seesect-ion5(2)]
Formof oathor affirmationto bemadebytheLokayukta.
“ I ........................ .. having beenappointed Lokayukta of the Stateof Tripura
do swear in the name of God/solemnly affirm that I will bear true faith and
allegienceto theConstitutionof Indiaasby law established,that I will upholdthe
sovereignty and integrity of India that I will duly and faithfully and to the best of
my ability, knowledge andjudgment perform the duties of my office without fear or
favouraffectionor ill will andthatI will upholdtheConstitutionandthelaw.
S-C. Das
Secretary, Law.
Government of Tripura.
Printed at the Tripura Government Press, -Agartala.
12
C " ‘ s: ;-;;—.:_~ _ - Q-""""""" _* >__
THE TRIPURA ACT NO. 3 OF 2012.
THE TRIPURA LOKAYUKTA (AMENDMENT) ACT, 2012.
PUBLISHED IN THE
EXTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala, Friday, November 2, 2012 A. D., Kartika 11, 1934 S. E.
1
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
SECRETARIAT : AGARTALA
No.F.8(E-5)-Law/Leg-l/2012 Dated, Agartala 2“d November, 2012.
The following Act of the Tripura Legislative Assembly received the assent of
the Governor on O2—11-2012 and is hereby published for General Information.
\
D. M. JAMATIA.
LR 8: SECRETARY, LAW.
GOVERNMENT OF TRIPURA
7‘ _ Y‘ _v__ ___ _ fiii 7 ./"
- 
II-IE TRIPURA ACT No.3 OF 2012.
The Tripura Lokayukta (Amendment) Act, 2012.
AN _
ACT
to amend the Tripura Lokayukta Act, 2008.
"~WHEREAS, it is expedient to amend ‘The Tripura Lokayukta Act,
2008’ [hereinafter referred to as the ‘Principal Act’), to bring the public
servants, including the government servants and officials of the local
bodies, under the purview of Lokayukta, so as to ensure transparent,
efficient, corruption free governance;
BE it enacted by the Tripura Legislative Assembly in the Sixty-
third year of the Republic of India as f01lows:-
1. Short title and commencement:
[1] This Act may be called ‘The Tripura Lokayukta (Amendment)
Act, 2012’.
[2] It shall come into force on the date of its publication in the
official gazette.
2. Amendment of Long Title and Preamble of the Principal Act:
In the Long Title and Preamble of the Principal Act, the words
“public functionaries” shall be replaced with the words “public
functionaries and public servants”.
3. Amendment of Section 2 of the Principal Act:
(1) Sub-Section (3) of section 2 of the Principal Act shall be
substituted with the following namely:—
“[3) la) “Competent authority” in relation to a public
functionary, rneans- '
i. in the case of the Chief Minister —the State LegislativeAssembly;
ii. in the case of a Minister —the Chief Minister
2
i i I - ii I — — I — 1- 4min;  '
Provided that. during the period of
operation of any proclamation
issued under Article 356 of the
Constitution of India
in the case of a Member of the State
Legislative Assembly
—the Governor
~the Speaker of the State
Legislative Assembly;
Explanation — The Speaker of the Legislative Assembly shall act in
consultation with the Chief Minister and the Leader of the Opposition in
the State Legislative Assembly.
in the case of Pradhan, the Upa-
Pradhan and the members of the
Gram Pranchayat, the Chairman,
the Vice-Chairman and the
members of the Panchayat Samiti
in the case of Sabhadhipati,
the Sahakari Sabhadhipati and the
members of the Zilla Parishad
in the case of the Councilors,
Chairperson. Vice-Chairperson,
members of the Nagar Panchayat
Committee and the Chairperson, the
Vice-Chairperson-in-council, the
Mayor, the Deputy Mayor, the
members of Mayor—in—Council and
Commissioner of the Nagar
Panchayats, Municipality or the
Municipal Corporation, as the case
may be
(b) The words “Competent Authority” in relation to a public
servant means-
in the case of a Secretary to the
Government
in the case of a Government
servant other than a Secretary
in the case of any other public
servant
3
 — — ~
-Sabhadhipati of the
Zilla Parishad of the
Concerned District;
- Minister-in-charge,
Panchayat Department,
Government of Tripura;
- Minister-in-charge,
Department of Urban
_Development,
Government of Tripura.
- the Chief Minister;
- the Government of
Tripura; _
—such authority, as may
be notified by the State
Government.”
. ml’
(2) After sub-section (12) of section 2 of the Principal Act, a
new sub~section (13) shall be inserted as under":-
“(l3) “Public servant” means a person who is or was at any time-
(i) a Government servant;
[ii] the Chairman and Vice—Chairman (by whatever name called}
or a member of a local authority in the State of Tripura or a
statutory body or corporation established by or under any
law of the State Legislature, including a co-operative society,
or a Government Company within the meaning of section
617 of the Companies Act, 1956 and such other
corporations or boards as the State Government may,
having regard to its fmancial interest in such corporations
or boards, by notification, from time to time, specify; '
(iii) member of a Committee or Board, statutory or non-
statutory, constituted by the Government;
(iv) a person in the service of pay of,- _
(a) a local authority in the State of Tripura;
lb] a statutory body or a corporation (not being a local
authority) established by or under a State or Central Act,
owned or controlled by the State Govermnent and any
other board or Corporation as the State Government
may, having regard to its financial interest therein by
notification, from time to time, specify;
[c] a company registered under the Companies Act, 1956. in
which not less than fifty one percent of the paid up share
capital is held by the State Government, or any company
which is a subsidiary of such company;
(d) a society registered or deemed to have been registered
under the Tripura ,_Societies Registration Act, 1960,
which is subject to the control of the State Government
and which is notified in this behalf in the Official
Gazette;
(e) a co—operative Society;
(fl a university.
Explanation- In this clause, “co—operative society” means a co-
operative society registered or deemed to have been registered under
the Tripura Cooperative Societies Act, 1974, and “university” means a
university established or deemed to be established by or under any law
of the State Legislature.
Explanation — “Government Servant” means a person who is a
member of the Civil Services of the State of Tripura or who holds a civil
post or is serving in connection with the cyjfairs of the State of Trtpura
4
-‘-- - ~-— 7- ii-~—-—-———— .1- "-7- -tr-‘ g’r""" 
and includes any such person whose services are temporarily placed at
the disposal of the Government of India, the Government of another
State, a local authority or any person whether incorporated or not, and
‘also any person in the service of the Central or another State
Government or a local or other authority whose services are temporarily
placed at the disposal of the Government of Tripura but shall not include
ofiicers of Tripura Judicial Service, staffs of High Court and subordinate
judiciary.”
4. Amendment of Section 9 of the Principal Act:
In section 9 of the Principle Act including marginal note shall be
substituted in the following manner, namely:—
(1] The marginal note shall be substituted as follows-
“Proccdure for investigation or enquiry against public
servant”
(2) For section 9, the following shall be substituted- ~
“[9] The Lokayukta shall investigate any allegation (corrupt
practice) against any public servant with the approval of the
competent authority and the procedure to be followed in enquiry or
investigation shall be the same as in the case of public functionary”.
5. Amendment of Section 13 of the Principal Act:
After sub-section (2) of the section 13 of the Principal Act, a new
sub-section [3] shall be inserted namely:—
“[3] Notwithstanding anything contained in the Indian Evidence
Act, the report of the Lokayukta shall be admissible as evidence
Without any formal proof thereof in any enquiry or proceeding before
any civil or criminal court or any other authority empowered to take
evidence”.
5
 * i
Q
6. Repeal and Savings: -
(1) The Tripura Lokayukta (Amendment) Ordinance, 2012, is -
hereby repealed.
(2) _NotWithstanding the repeal of the Tripura Lokayukta .'
(Amendment) Ordinance, 2012, anything done or any action taken
under the Principal Act, as arnended by the said Ordinance, shall be
deemed to have been done or taken under the Principal Act, as
amended by this Act.
D.M. J amatia
L.R. 8: Secretary, Law.
Government of Tripura.
Printed at the Tripura Government Press, Agartala.
6
__TW__ __ L 7 ' if T7  
if
NOQSS . ‘ . y -Registered No. N. E.$35)‘.
_ I h ' ' “ ' v - 1. _ _ ,|‘€4%;;'fiV
' "?¢9i%‘==ii7'7'§7. '1-‘-',-'“i'>"Lt
S‘i‘<R;;i%P,vRAjg‘ -eazerre
' ' . ' Publishe_o'byAutl2ori£y-y
‘ A ~ 'E><i'RAoaprNA,aYISSUEI _
I A§a.;fala,"'F "lay, lliarch 20, 201d D., Phaigunafid __ ,
H ._ ‘- __It PART-;lll~Acts;-.o*fTripu“raLegisiature'
-eovritvmeljittirerwvmi
,. LAWDEPARTMENT
- 5ECRETAREAT:AGA.RTAL.&
'"-rig.F.6l6l~L1q'w[£;e§-I/2512'G;. k ‘Dated,Agarialais‘?March,20:5’
sotiFii<IATl0" -~ .
l 11I The-following.Apt or the TripurategislativeAssemblyreceivedthe assentof
_.theGoi!ernoron l3~0332:Ui5andisiwrebypublishedfor Generaliiiiformation.
4 .
L.R&sEcREi,§;{i¥,.i_aw.
~ GOVERNi\{iEF\lT'$?TRi?URA
8
¢
Tripuzta Gmette, Extraordinary issue, March 20, 2015 A.-D.
wasTRIPURAACTNo.3'on2015
\
THETaianiaaii.-GKAYUKTAisscovn AMEHDMENT)ace,2015 -
KN
to further amend the ihirmra Ibkayukta Act, -21.908.
WHEREAS, it is €Xp€§i€E;tso amend “The 'Fripnra Lgkayukta
Act, 2008” (hereinafter referred eaves the Principe} Act’), byproviding
an enabling provision to extend; term of eXisifing'Lokay?ukta'beyond
.0'S{thre-e}years, in public interest; . ,
. BE it enacted by the TrfiptnzaLegislative Assembly in the Sii<ty~-
sixth years of the Republic of India.as foiloWs:- _.
1. Short i;ii;le“and commencementr: ~ "_ » y.
{1} This Act may be called ‘The ’l‘ripura.Lokayu,kta (Second O
Aiinendment) Act, 2015”; _ _ ‘ _ _
. (2) It shall come into force on the date of its publication in the
ofiicial gazette.‘ ' _ " ' ‘ _ _ - -
. _ I,
2.An3.en¢;i_mentof Section 5 of the Principal Acti _ _
Sub—Section (1) of section 5 of the Principal Act shall be
substituted with follo'ivi11g~namely: ‘ '
" a
“(1}‘Every person appointed as the Lokayukta shall hold office fora
period of three years from the date he assi_1rnes'hisoffice, unless in the
interest of , public service, the Governor considers it _eXpe<iientto
extend the term for a further period, not exceeding one yew at a time,Ii-
‘? ‘ .
2
7' -B
»r.
__~_ r 7‘ -
. 5" Trigu;-a.Gwette;}Iseue,_March :;0,“201sA.D. M
so however tl1'a‘_c,_fichetotal of such extension does not exceed
two years any case; _' f ‘ ~ 5 A.. . , 4 ‘ ‘ .
‘ - ‘e .
Y "Provided that—~ ' 5*" ' .
-'-(a)t’£1e,~L<§l<ayul§‘tamay, in Writing under hire.hamd.addressed to '
l the Governor, resign his oficegz _ ' ‘Y - ~_ ‘D '
'(b}j;he Lolcayulcm may removed frgm office in flie manner
‘ e'__pi‘ovidedinSemen5”.’ ‘ . J ‘ ' "
_' 3."Repea1a_ndSa1:ings: ~ ‘ V '
* § qijfrhe'I>?rlpura'Lo1:ay111<;ta(SecandA3r1‘1e11dment}-oreiliance,
_ ‘ Q0124,is héieby repealed; - .' I. A
» A ‘ ’
" _ (2}NQtvvit11stand§;n'gthe repeal of the Tsfip1';1*a.Lokayukta {Seeond ' '
Amendment) Ordinance, 2014, anything done or any action
- ‘ takeri ur_1<1er_the Pzincipal Act, as amended by, ’§heA_said
Ordinafnce, sl1a,11be deemed to have been <ione_or~t;=1ke'n'under'
the‘ Pri.ncipa1,Act, as amended by this Act. ‘
».
D. M. Jaxnatie.
. L. R'85Secgetazy,Law.
' .G;5ve1'-nliiexltof Tlipura. -
I
I \
»
I|.
5
I
-1.
1\
— L 
II1.F
ii
I2I
1y
THE TRIPURA ACT N0.3 OF 2017
THE TRE?URA. LQKAYUKTA
(THIRD AMENDMENT) ACT, 2017.
PUBLISHED IN THE EXTRAORDINARY ISSUE
-OFTHE TRIPURA GAZETTE AGARTALA.
eigefiala,Thursday,March9,2017A.D.,Phalguna18,1938S'.E.
GOVERNMENTOFTRIPURA
LAW DEPARTMENT
§§_CR§TA_eR|fi§I'/:AGARTALA
No.F.12(44]-Law/Leg/A0/ZOIU1962 Dated,Agartala,the9"‘March,2017.
NOTIFICATION
ThefollowingActof the TripuraLegislativeAssemblyreceivedthe assentof
the Governorof Tripuraon the 6"‘ March,2017 and is herebypublishedfor
Generalinformation. -
I/¢”
( D.M.Jamatia}
LR. & Secretary,Iaw
Governmentof Tripura
ill‘ ‘V i __ O ~ e~~~----:==,_~A ~~' l vi —
1*-_
TRIPURA lies 3 253}?
THE TRIPURA LOKAYUKTA [THIRD AMENDMENT] ACT, 20 17
An
ACT
Further to amend “TheTripura Lokay ukta Act, 2008
WHEREAS, it is expedient to amend “The Tripura Lokayukta
Act, 2008” [hereinafter referred to as the ‘Principal Act’), by
incorporating an enabling provision in “TheTiipura Lokayukta Act,
2008” to facilitate convening the meeting of the 3[three) Members
Selection Committee by inviting the Leader of the Single Largest
Opposition Party in absenceof the designated Leader of Opposition
in public interest;
BE it enactedby the Tripura LegislativeAssembly in the Sixty-
Eight years of the Republic of India as follows:-
1. Short title and commencement:
(1) This Act may be called “The Tripura Lokayukta [Third
Amendment) Act, 20 17”;
[2] It shall come into force on the date of its publication in
the official gazette.
2. Amendment of Section 3:
After the existing proviso to Sub-Section (1) of Section 3 of
“The Tripura Lokayukta Act, 2008”, the following new proviso shall
be added:-
(2)
‘I I j  
“Provided further that -
In the absence of the designated Leader of Opposition, the meeting 0f the
3(three) Members Selection Committee comprising of the Chief Minister,
Speaker and Leader of the Opposition may be convened by inviting the
Leader of the Single Largest Opposition Party in place of the Leader of
Opposition”. ,
(D.M.Jarnatia)
L.R. & Secretary,law
_ Governmentof Tripura '
(3)
Registered No. N. E.930.No.1075
?RU
Published by Authority
EXTR.AORDINARY TSSUE
Agaftala,Wednesday, June 9,2021 A.D., Jyaishtha19, 1943 S.E.
PART--Ill-- Acts of Tripura Legislature.
No. r. 8 (1)L aw lI'eg-U202 1 (P)
GOVERNMENT OF'TRIPURA
LAWDEPARTMENT
SECRETARIAT, AGARTALA
Dated, Agartala, the 15th Mayr202t
I{OTIFICATION
The foilowing Act of the Tripura Legislative Assembly received the assent of the
Governor of Tripura on the 7b ofWay,2A2I andis hereby published forGeneral information.
(
Government of Tripura
No.1075 Registered No.N.E.930.
- P'=*1:,-. I 1.; .:3}.-3‘__‘;.‘.‘.
Q,-.;.'L._.;-
?RE?3JR% G§Z§?T§
awmarnfi
Published by Authority
EXTRAORDINARYISSUE
Agartala,Wednesday,June 9, 2021A.D., Jyaishtha 19, 1943S.E.
PART--Ill--ActsofTripuraLegislature.
GOVERNMENT OFTRIPURA
LAW DEPARTMENT
SECRETARIAT, AGARTALA
N0.F.8(1)LaW/Leg-I/2021(P) Dated,Agartala, the15thMay,2021
NOTIFICATION
ThefollowingActof theTripuraLegislativeAssemblyreceivedtheassentof the
Governor0f'Tripuraonthe7mofMay,2021andisherebypublishedforGeneralmfonnarios.'
I I %
(Sofia udhurl)
DeputySecetary,Law
GovernmentofTripura
Tripura Gazette, Extraordinary Issue, June 9, 2O2I A' D'
TRIPURA ACT No. 4 OF 2021
TTIE TRTPUfiA LoT(AYuKEA {SGTTI*TTI ATvTT!{DMEHT} ACT' 2,fr2I
AN
ACT
Furt|wrtoamend.theTripural'okagukt:aAct"2oa8.
WIIEEEAS, It is expedient to an end "The Tripura Lokayukta
Act,Z00g {hereinafter referred to as the 'Principal Act} by incorporating
an enabling provision in uThe Tripura Lokayukta Act,2008" in terms of
quali-fi:ation for appointment of Lakayukta, 'lripura in public interest;
BE it enacted by the Tripura Legislative Assembly in the
Seventy_Secoldyea-oftlreRepublicoflndi.aasfollows:-
t. Stort tltle an*' corn'flleaoetr'egt I
(1) This Act may be called 'The Tripura Lokayukta {Fourth
imendment) Act, 2Q2t';
i2l if shalt cofile into for* " *rL tlie date of its publicatian in the
ofiicial gazette.
sub-section {2t of section 3 cf the Principal Act shall be
substituted -*/ith fcllowlng na:nel5r :
Tripura Gazette, Extraordinary Issue, June 9, 2021 A. D.
TRIPURA ACT N0. 4 OF 2621
THE ‘TRIPURA LOKAYKFKTA {FOURTH AMENDMENT) ACT, 2021
AN
ACT
Further to amend the Tripura Lokayukta Act, 2008.
WHEREAS, It is expedient to amend “The Tripura Lokayukta
Act,2008{hereinafter referredto asthe ‘Principal Act’) by incorporating
anenablingprovision in “TheTripura Lokayukta Act,2008” in terms of
qualificationferappointmentofLokayukta,Tripura in publicinterest;
BE it enacted by the Tripura Legislative Assembly in the
Seventy-SecoflndyearoitheRepublicofIndiaasfo]1ows:-
1.Short title ané cemmencement :
(1) This Act may be called ‘The Tripura Lokayukta (Fourth
Amendment)Act, 2021”;
(2) it shall come into force en the date cf its publicatien kl the
ofiiciai gazette.
2. . - 2zzdmenl: of Seetiea 3 sf the Pa-ineigaaiact :Eli“
Sub-Section {2} cf section 3 cf the Principal Act shall be
substituted felleviiag namely :
“{2} A persen shaft net be qualified fer appointment as Lokayukta
unless is a retired Judge of Ccuzt or is qualiied ’=:cbe a -Judge
"' 7' ' 17 "3 T-‘—r~-'f" r- "-‘ am: ‘E 1 T‘?
st me ErnghCcfiartor has seen -C1"-l8.l_1£1€@’lee clwlg». -stHlgn Court .
Tripura Gazette, Extraordinary Isstle, June
8. Sege*&
9. 202r A. D.
tll ?he Tripura Lokayukta {Fcurth e*t} Ordinanc*r ,526' is
hereby repealed.
under said , ' betj ed ts, have, been done or taken
sd/-
(soPAN CHAIIDHURI)
Deputy Serectry Law
GovernmentofTripura
Tripura Gazette, Extraordinary Issue, June 9, 2021 A. D.
and Savings:
{1} TheTzipura Lskayukta{FeurthAmend3ner11t)~Ordiinamze,262, is
herebyrepeaied.
{2} Notwithstanding such regeel,Ema dancer any action takenviE?W
under Ordinance, shal1;.h,e§;=dee11s€£¥tea;hays:'b"e(-3151dgng gr taken
undertheCOI'I'CSj3()I1C1;i1'_1g-]QI‘OV‘iSI:0I1Softhis Act.
Sd/-
(SOPANCHAUDHURI)
'DeputySerectry,Law
G0-v-emment0f'Tripura*"
;Jr:’l-tiedat .1‘1. : I: ~" "re"?Press,.Ag.arta.l'a. 3

‹ Prev All Tripura acts Next ›