The UTTAR PRADESH LOK AYUKTA AND UP-LOK AYUKTAS ACT, 1975

 
THE UTTAR PRADESH LOKAYUKTA AND UP-LOKAYUKTAS   
ACT, 19751 
[ U. P. Act No. 42 of 1975 ] 
Amended by  
U. P. Act No. 07 of 1981 
U. P. Act No. 08 of 1988 
U. P. Act No. 10 of 1989
U. P. Act No. 29 of 2006 
U. P. Act No. 04 of 2012 
U. P. Act No. 03 of 2024 
[Passed in Hindi by the Uttar Pradesh Legislative Assembly 
on July 31, 1975 and by the Uttar Pradesh Legislative Council on 
August 5, 1975. 
Received the assent of the President on September 7, 1975 
under Article 201 of the Constitution of India and was published 
in the Uttar Pradesh Gazette Extraordinary, dated September 8, 
1975. ] 
AN 
ACT 
to make provision for the appointment and functions of 
certain authorities for the investigation of grievances and 
allegations against Ministers, legislators and other public 
servants in certain cases and for matters connected therewith.  
Short title, 
extent and 
commencement
IT IS HEREBY enacted in the Twenty-Sixth Year of the Republic 
of India as follows ;  
1. (1) This Act may be called the Uttar Pradesh Lokayukta and 
Up-Lokayuktas Act, 1975. 
(2) It extends to the whole of the State of Uttar Pradesh and 
applies also to the public servants posted outside Uttar Pradesh in 
connection with the affairs of that State.  
(3) It shall come into force on such date as the State 
Government may, by notification2 in the Gazette appoint.  
Definitions  2. In this Act, unless the context otherwise requires, — 
(a) “action” means action taken by way of decision, 
recommendation or finding or in any other manner, and includes 
failure to act, and all other expressions connoting action shall be 
construed accordingly ;  
(b) “allegation”, in relation to a public servant, means any 
affirmation that such public servant — 
1.  For Statement of Objects and Reasons see at the end of this Act. 
2. This Act was enforced 3794/XXXIX-(2)—39—(16)-75, dated July 12, 1977.
774 
——————————————————————————————————————————
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]  
(i) has abused his position as such to obtain any gain or favour 
to himselfor to any other person or to cause undue harm or hardship to 
any other person.  
(ii) was actuated in the discharge of his functions as such public 
servant by personal interest or improper or corrupt motive, or    
(iii) is guilty of corruption or lack of integrity in his capacity as 
such public servant ;  
(c) “competent authorities” in relation to a public servant, 
means,—  
(i) in the case of a Minister or Secretary or member of the 
Legislative Assambly or of the Legislative Council — the Chief Minister.  
(ii) in the case of  any other public servant-such authority that 
may be prescribed.  
1[(d) “grievance” means : — 
(i) a claim by a person that he sustained injustice or undue 
hardship in consequence of mala administration, or  
(ii) a complaint to the effect that an authority empowered to 
make appointments to a public service or post in connection with the 
affairs of the State of Uttar Pradesh has after the commencement of the 
Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Act, 1989 
made any appointment in breach of the quota of reservation for 
members of scheduled castes or scheduled tribes laid down by the State 
Government. ]   
(e) “Lokayukta” means a person appointed as the Lokayukta and 
“Up-Lokayukta” means a person appointed as an Up-Lokayukta, under 
section 3 ;  
(f) “mal-administration” means action taken or purporting to 
have been taken in exercise of administrative functions in any case, — 
(i) where such action or the administrative procedure or practice 
governing such action is unreasonable, unjust, [oppressive] or 
improperly discriminatory ; or  
(ii) where there has been negligence or undue delay in taking 
such action, or the administrative procedure or practice governing such 
action involves undue delay ;  
(g) “minister” means a member (other than the Chief Minister) of 
the council of Ministers, by whatever name called for the State of Uttar 
Pradesh that is to say a Minster of State or Deputy Minister ;  
(h) “officer” means a person appointed to a public service or post 
in connection with the affairs of the State of Uttar Pradesh ;  
(i) “prescribed” means prescribed by rules made under this Act ; 
1.  Subs. by sec  2  of U. P. Act no. 10 of 1989.
776 
——————————————————————————————————————————
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
(j) “public servant” denotes a person falling under any of the 
following descriptions, and includes, subject to the provisions of sub-
section (4) of section 8, a person who at any time in the past fell under 
any of the following descriptions, namely, — 
(i) every Minister referred to in clause (g) ;  
(ii) every member of the Legislative Assembly or the Legislative 
Council of the State of Uttar Pradesh not being the Chief Minister or 
Minister referred to in clause (g) ;   
(iii) every officer referred to in clause (h) ; 
(iv) (a) every Pramukh of a Kshettra Samiti ;  
(b) every Adhyaksha of  Zila Parishad ;  
(c) every Nagar Pramukh of a Nagar Mahapalika ; 
(d) every President of the Municipal Board of a city as defined in 
clause (4) of section 2 of the U. P. Municipalities Act, 1916 ;  
(e) a non-official Chairman including every office bearer of that 
description by whatever name called, or Managing Director of a district 
level central society or of an apex society, registered under any law 
relating to co-operative societies for the time being in force ;   
Explanation — In this sub-clause, “central society” means a co-
operative society which includes in its membership other co-operative 
societies, and “apex society” means a State level central society ;  
(v) every person in the service or pay of — 
(a) any local authority in the State of Uttar Pradesh which is 
notified by the State Government in this behalf in the Gazette ; 
(b) any corporation not being a local authority established by or 
under an Uttar Pradesh or Central Act and owned or controlled by the 
State Government, which is notified by the State Government in this 
behalf in the Gazette ;  
(c) any Government companywithin the meaning of section 617 
of the Companies Act, 1956 (Central Act I of 1956), in which not less 
than fifty-one per cent of the paid-up share capital is held by the [State 
Government or any company which is a subsidiary of a company] in 
which not less than fifty one per cent of the paid up share capital is held 
by the State Government and which is notified by the State Government 
in this behalf in the Gazette ;    
(d) any society registered under this Societies Registration Act, 
1860, which is owned or controlled by the State Government and which 
is notified by that Government in this behalf in the Gazette ; 
(k) “Secretary” means a Secretary to the Government of Uttar 
Pradesh and includes a Special Secretary, an Additional Secretary and a 
Joint Secretary.   
778 
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
Appointment 
of Lokayukta 
and Up-
Lokayuktas  
3. (1) For the purpose of conducting investigations 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 to be known as the Up-Lokayukta or Up-Lokayuktas :  
Provided that, —
(a) the Lokayukta shall be appointed after consultation with the 
Chief justice of the High Court of Judicature at Allahabad and the 
Leader of the Opposition in the Legislative Assembly, and if there be no 
such leader a person elected in this behalf by the members of the 
opposition in that House in such manner as the Speaker may direct ;   
(b) the Up-Lokayukta or Up-Lokayuktas shall be appointed after 
consultation with the Lokayukta :  
Provided further that where the Speaker of the Legislative 
Assembly is satisfied that circumstances exist on account of which it is 
not practicable to consult the Leader of the Opposition in accordance 
with clause (a) of the preceding proviso, he may intimate the Governor 
the name of any other member of the Opposition in the Legislative 
Assembly who may be consulted under that clause instead of Leader of 
the Opposition.  
(2) Every person appointed as the Lokayukta or an Up-
Lokayukta shall before entering upon his office, make and subscribe 
before the Governor, or some person appointed in that behalf by him, an 
oath or affirmations in the form set out for the purpose in the First 
Schedule.  
(3) The Up-Lokayuktas shall be subject to the administrative 
control of the Lokayukta and in particular, for the purpose of convenient 
disposal of investigations under this Act, the Lokayukta may issue such 
general or special direction as he may consider necessary to the Un-
Lokayukta :   
Provided that nothing in this sub-section shall be construed to 
authorize the Lokayukta to question any finding, conclusion or 
recommendation of an Up-Lokayukta.  
Lokayukta or 
Up-
Lokayukta to 
hold no other 
office 
4. The Lokayukta shall be a person who is or has been a Judge 
of the Supreme Court or a High Court and the Lokayukta or an Up-
Lokayukta shall be a person who is not and has never been a member of 
Parliament or a member of the Legislature of any State and shall not 
hold any office of trust or profit (other than his office as the Lokayukta, 
or as the case may be, an Up-Lokayukta) or be connected with any 
political party or carry on any business or practice any profession, and 
accordingly before he enters upon his office, a person appointed as the 
Lokayukta or as the case may be, an Up-Lokayukta, shall —  
(a) if he is a sitting Judge or holds any other office of trust or 
profit, resign from such office ; or  
780 
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
(b) if he is connected with any political party, sever his 
connection with it ; or 
(c) if he is carrying on any business, sever his connection (short 
of divesting himself of ownership) with the conduct and management of 
such business ; or  
(d) if he is practicing any profession, suspend practice of such 
profession.  
Term of 
office and 
other 
conditions of 
service of 
Lokayukta 
and Up-
Lokayukta 
5. 1[(1) Every person appointed as the Lokayukta or Up-
Lokayukta shall hold office for a term of five years or upto the age of 
seventy years whichever is earlier.  
Provided that the Lokayukta or an Up-Lokayukta shall, 
notwithstanding the expiration of his term continue to hold office until 
his successor enters upon his office :   
Provided further that, —
(a) the Lokayukta or an Up-Lokayukta may, by writing under his 
hand addressed to the Governor, resign his office ;  
(b) the Lokayukta or an Up-Lokayukta may be removed from 
office in the manner specified in section 6. ] 
(2) If the office of the Lokayukta or an Up-Lokayukta becomes 
vacant, or if the Lokayukta or an Up-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 appointed under 
section 3 enters upon such office or, as the case may be, until the 
Lokayukta or such Up-Lokayukta resumes his duties, be performed, — 
(a) where the office of the Lokayukta becomes vacant or where he 
is unable to perform the duties of his office, by the Up-Lokayukta or if 
there are two or more Up-Lokayuktas by such one of the Up-Lokayukta 
as the Governor may by order direct ;   
(b) where the office of an Up-Lokayukta becomes vacant or where 
he is unable to perform the duties of his office, by the Lokayukta 
himself, or if the Lokayukta so directs by the other Up-Lokayukta or, as 
the case may be, such one of the other Up-Lokayuktas as may be 
specified in the direction.  
2[(3) On ceasing to hold office, the Lokayukta or an Up-
Lokayukta shall be ineligible for further employment under the 
Government of Uttar Pradesh. ] 
(4) There shall be paid to the Lokayukta and the Up-Lokayuktas 
such salaries as are specified in the Second Schedule. 
1.  Subs. by sec  2 of U. P. Act no. 3 of 2024. 
2.  Subs. by sec  2(b) of U. P. Act no. 4 of 2012. (deemed to have been subs. on March 15, 2012) 
782 
——————————————————————————————————————————
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
(5) The allowances and pension, if any, payable to, and other 
conditions of service, of the Lokayukta or an Up-Lokayukta shall be 
such as may be prescribed :  
Provided that in prescribing the allowances and pension, payable 
to, and other conditions of service of —
(a) the Lokayukta, regard shall be had to the allowances and 
pension payable to and other conditions of service, of the Chief Justice 
of the High Court ;  
(b) the Up-Lokayukta, regard shall be had to the allowances and 
pension payable to, and other conditions of service of a Judge of a High 
Court : 
Provided further that the allowance and pension, if any, payable 
to, and other conditions of service of the Lokayukta or  Up-Lokayukta 
shall not be varied to his disadvantage after his appointment.  
1[ (6) The amendment made by the Uttar Pradesh Lokayukta and 
Up-Lokayuktas (Amendment) Act, 2012 shall be applicable to the sitting 
Lokayukta or Up-Lokayuktas as the case may be, on the date of 
commencement of the said Act. ] 
Removal of 
Lokayukta or 
Up-
Lokayukta  
6. (1) Subject to the provisions of Article 311 of the Constitution, 
the Lokayukta or an Up-Lokayukta may be removed from his office by 
the Governor on the ground of misbehavior or incapacity and on no 
other ground :  
Provided that the inquiry required to be held under clause (2) of 
the said Article before such removal — 
(i) in respect of Lokayukta shall only be held by a person 
appointed by the Governor being a person who is or has been a Judge of 
the Supreme Court or a Chief Justice of a High Court ; and  
(ii) in respect of an Up-Lokayukta shall be held by a person 
appointed by the Governor being a person who is or has been Judge of 
the Supreme Court or who is or has been a Judge of a High Court.  
(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, cause it to be laid before the State Legislature.  
(3) Notwithstanding anything contained in sub-section (1), the 
Governor shall not remove the Lokayukta or an Up-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 members of that House present and voting, has been 
presented to the Governor in the same session for such removal.  
1.  Ins. by sec  2(c) of U. P. Act no. 4 of  2012. 
784 
——————————————————————————————————————————
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
Matters 
which may be 
investigated 
by Lokayukta 
or Up-
Lokayukta.  
7. (1) Subject to the provisions of this Act and on a complaint 
involving a grievance or an allegation being made in that behalf, the 
Lokayukta may investigate any action which is taken by, or with the 
general or specific approval of, — 
(i) a Minister or a Secretary ; and  
(ii) any public servant referred to in sub-clause (ii) or sub-clause 
(iv) of clause (j) of section 2 ; or  
(iii) any other public servant being a public servant of a class or 
sub-class of public servants notified by the State Government in 
consultation with the Lokayukta, in this behalf.  
(2) Subject to the provisions of this Act and on a complaint 
involving a grievance or an allegation being made in that behalf, an Up-
Lokayukta may investigate any action which is taken by or with the 
general or specific approval of any public servant not being a Minister, 
Secretary or other public servant referred to in sub-section (1).   
(3) Notwithstanding anything contained in sub-section (2), the 
Lokayukta may, for reasons to be recorded in writing, investigate any 
action which may be investigated by an Up-Lokayukta under that sub-
section.  
(4) Where two or more Up-Lokayuktas are appointed under this 
Act, the Lokayukta may, by general or special order, assign to each of 
them matters which may be investigated by them under this Act :  
Provided that no investigation made by an Up-Lokayukta under 
this Act, and no action taken or thing done by him in respect of such 
investigation shall be open to question on the ground only that such 
investigation related to a matter which is not assigned to him by such 
order.  
Matters not 
subject to 
investigation 
8. (1) Except as hereinafter provided, the Lokayukta or an Up-
Lokayukta shall not conduct any investigation under this Act —  
(a) except on a complaint made under and in accordance with 
section 9 ; or  
(b) in the case of a complaint involving a grievance in respect of 
any action, — 
(i) if such action relates to any matter specified in the Third 
Schedule ; or  
(ii) if the complainant has or had any remedy by way of 
proceeding before any Tribunal or Court of law :   
Provided that nothing in sub-clause (ii) shall prevent the 
Lokayukta or an Up-Lokayukta from conducting an investigation if he is 
satisfied that such person could not or cannot, for sufficient cause, have 
recourse to a remedy referred to in that sub-clause.  
(2) The Lokayukta or an Up-Lokayukta shall not investigate any 
action, — 
786 
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
(a) in respect of which a formal and public inquiry has been 
ordered under the Public Servants (Inquiries) Act, 1850 (Central Act 37 
of 1850). by the Government of India or by the State Government ; or  
(b) in respect of a matter which has been referred for inquiry 
under the Commissions of inquiry Act, 1952 (Central Act 60 of 1952), by 
the Government of India or by the State Government.  
(3) The Lokayukta or an Up-Lokayukta shall not investigate any 
complaint which is excluded from his jurisdiction by virtue of a 
notification issued under section 19.  
(4) The Lokayukta or an Up-Lokayukta shall not investigate, — 
(a) any complaint involving a grievance, if the complaint is made 
after the expiry of twelve months from the date on which the action 
complained against becomes known to the complainant ;   
(b) any complaint involving an allegation, if thecomplaint is 
made after the expiry of five years from the date on which the action 
complained against is alleged to have taken place :  
Provided that the Lokayukta or an Up-Lokayukta may entertain a 
complaint referred to in clause (a), if the complainant satisfies him that 
he had sufficient cause for not making the complaint within the period 
specified in that clause.  
(5) In the case of any complaint involving a grievance, nothing in 
this Act shall be construed as empowering the Lokayukta or an Up-
Lokayukta to question any administrative action involving the exercise of 
a discretion except where he is satisfied that the elements involved in 
the exercise of the discretion are absent to such an extent that the 
discretion cannot be regarded as having been properly exercised.  
(6) The Lokayukta or an Up-Lokayukta shall not investigate any 
complaint involving a grievance against a public servant referred to in 
sub-clause (iv) or sub-clause (v) of clause (j) of section 2.  
Provisions 
relating to 
complaints  
9. (1) Subject to the provisions of this Act, a complaint may be 
made under this Act to the Lokayukta or an Up-Lokayukta — 
(a) in the case of a grievance, by the person aggrieved ;  
(b) in the case of an allegation, by any person other than 
a 1[sitting public  servant] : 
Provided that, where the person aggrieved is dead or is for any 
reason unable to act for himself, the complaint may be made by any 
person who in law represents his estate or, as the case may be, by any 
person who is authorized by him in this behalf.   
2[ Provided further that in the case of a grievance involving a 
complaint  referred  to  in  sub-clause  (ii)  of  clause (d) of section 2, the  
1.  Subs. by sec  3(a) of U. P. Act no. 4 of 2012. 
2.  Ins. by sec  3 of U. P. Act no. 10 of 1989.
788 
——————————————————————————————————————————
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
complaint may be made also by an organization recognized in that 
behalf by the State Government. ] 
1[ (2) Every complaint shall be accompanied by the complainant’s 
own affidavit in support thereof and also affidavits of all persons from 
whom he claims to have received information of facts relating to the 
accusation, verified before a notary together with all documents in his 
possession or power pertaining to the accusation and a sum of Two 
thousand rupees shall be paid as security along with the complaint, in 
respect to complaint involving allegation, filed under the Uttar Pradesh 
Lokayukta and Up-Lokayuktas (Complaint) Rules, 1977.] 
(3) Every complaint and affidavit under this section as well as 
any schedule or annexure thereto shall be verified in the manner laid 
down in the Code of Civil Procedure, 1908, for the verification of 
pleadings and affidavits respectively. 
(4) Not less than three copies of thecomplaint as well as of each 
of its annexures shall be submitted by the complainant.  
(5) A complaint which does not comply with any of the foregoing 
provisions shall not be entertained.  
(6) Notwithstanding anything, contained in sub-sections (1) to 
(5), or in any other enactment, any letter written to the Lokayukta or 
Up-Lokayukta by a person in police custody, or in a gaol or in any 
asylum or other place for insane persons, shall be forwarded to the 
addressee unopened and without delay by the Police Officer or other 
persons in charge of such gaol, asylum or other place, and the 
Lokayukta or Up-Lokayukta, as the case may be, may entertain it and 
treat it as a complaint, but no action in respect of such complaint shall 
be taken unless it is accompanied or subsequently supported by an 
affidavit under sub-section (2).  
Procedure in 
respect of 
investigations 
10.(1) Where the Lokayukta or an Up-Lokayukta proposes (after 
making such preliminary inquiry, if any, as he deems fit) to conduct any 
investigation under this Act, he — 
(a) shall forward a copy of the complaint to the public servant 
concerned and the competent authority concerned ;  
(b) shall afford to the public servant concerned anopportunity to 
offer his comments on such complaint ; and  
(c) may make such orders as to the safe custody of documents 
relevant to the investigation, as he deems fit.  
(2) Every such investigation shall be conducted in private, and in 
particular, the identity of the complainant and of the public servant 
affected by the investigations shall not be disclosed to the public or the 
press whether before, during or after the investigation :  
1.  Subs. by sec  3(b) of U. P. Act no. 4 of 2012.
790 
——————————————————————————————————————————
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
Provided that, the Lokayukta or an Up-Lokayukta may conduct 
any investigation relating to a matter of definite public importance in 
public. If he, for reasons to be recorded in writing, thinks fit to do so.  
(3) Save as aforesaid, the procedure for conducting any such
investigation shall be such as the Lokayukta or, as the case may be, the 
Up-Lokayukta considers appropriate in the circumstances of the case.  
(4) The Lokayukta or an Up-Lokayukta may, in his discretion, 
refuse to investigate or cease to investigate any complaint involving a 
grievance or, an allegation, if in his opinion — 
(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 by, for continuing the investigation, or  
(c) other remedies are available to the complainant and in the 
circumstances of the case it would be more proper for the complainant 
to avail of such remedies.  
(5) In any case where the Lokayukta or an Up-Lokayukta decides 
not to entertain a complaint or to discontinue any investigation in 
respect of a complaint, he shall record his reasons therefor and 
communicate the same to the complainant and the public servant 
concerned.  
(6) The conduct of an investigation under this Act in respect of 
any action shall not affect such action, or any power or duty of any 
public servant to take further action with respect to any matter subject 
to the investigation.  
Evidence 11.(1) Subject to the provisions of this section, for the purpose 
of any investigation (including the preliminary inquiry, if any before 
such investigation) under this Act, the Lokayukta or an Up-Lokayukta 
may require any public servant or any other person who in his opinion 
is able to furnish information or produce documents relevant to the 
investigation to furnish any such information or produce any such 
documents.  
(2) For the purpose of any such investigation (including the 
preliminary enquiry) the Lokayukta or an Up-Lokayukta shall have all 
the powers of a civil court while trying a suit under the Code of Civil 
Procedure, 1908 (Central Act 5 of 1908), in respect of the following 
matters, namely — 
(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 affidavits ;  
(d) requisitioning any public record or copy thereof from any 
court or documents ;  
792 
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
(e) issuing commissions for the examination of witnesses or 
documents ;  
(f) such other matters as may be prescribed.  
(3) Any proceeding before the Lokayukta or an Up-Lokayukta 
shall be deemed to be a judicial proceeding within the meaning of 
section 193 of the Indian Penal Code (Central Act 45 of 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 State Government or any public servant, 
whether imposed by any enactment or by any rule of law, shall apply to 
the disclosure of information for the purpose of any investigation under 
this Act and the State 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 enactment or by any rule of law in legal proceedings.  
(5) No person shall be required or authorized by virtue of this Act 
to furnish any such information or answer any such question or 
produce so much of any document — 
(a) as might prejudice the security of the State or the defence or
international relations of India (including India’s relations with the 
Government of any other country or with any international 
organization), or the investigation or detection of crime ; or   
(b) as might involve the disclosure of proceedings of the Cabinet 
of the State Government or any Committee of that Cabinet; 
And for the purpose of this sub-section a certificate issued by the Chief 
Secretary 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.  
(6) Subject to the provisions of sub-section (4), no person shall 
be compelled for the purposes of investigation under this Act to give any 
evidence or produce any document which he could not be compelled to 
give or produce in proceedings before a Court.  
Reports of 
Lokayukta 
and Up-
Lokayuktas 
12.(1) If, after investigation of any action in respect of which a 
complaint involving a grievance has been made, the Lokayukta or an 
Up-Lokayukta is satisfied that such action has resulted in injustice or 
under hardship to the complainant or any other person, the Lokayukta 
or Up-Lokayukta shall by a report in writing recommend to the public 
servant and the competent authority concerned that such injustice or 
undue hardship shall be remedied or redressed in such manner and 
within such time as may be specified in the report.  
(2) The competent authority to whom a report is sent under sub-
section (1), shall within one month of the expiry of the term  
specified   in   the   report,  intimate  or  cause  to  be  intimated  to  the  
794 
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
Lokayukta, or as the case may be, the Up-Lokayukta, the action taken 
for compliance with the report. 
(3) If, after investigation of any action in respect of which a 
complaint involving an allegation has been made, the Lokayukta or an 
Up-Lokayukta is satisfied that such allegation can be substantiated 
either wholly or partly, he shall by report in writing communicate his 
findings and recommendation along with the relevant documents, 
materials and other evidence to the competent authority.    
(4) The competent authority shall examine the report forwarded 
to it under sub-section (3) and intimate within three months of the date 
of receipt of the report, the Lokayukta or, as the case may be, the 
Up-Lokayukta, the action taken or proposed to be taken on the basis of 
the report.  
(5) If the Lokayukta or the Up-Lokayukta is satisfied with the 
action taken or proposed to be taken on his recommendations or 
findings referred to in sub-section (1) and (3), he shall close the case 
under information 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 
concerned.  
(6) The Lokayukta and the Up-Lokayukta shall present annually 
a consolidated report on the performance of their functions under this 
Act to the Governor.  
(7) On receipt of a special report under sub-section (5) or the 
annual report under sub-section (6), the Governor shall cause a copy 
thereof together with an explanatory memorandum to be laid before 
each House of the State Legislature.  
(8) 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 an 
Up-Lokayukta which may appear to him to be of general, public, 
academic or professional interest, in such manner and to such persons 
as he may deem appropriate.  
Action in 
case of false 
compliance  
13. (1) Notwithstanding anything contained in any other 
provision of this Act every person who willfully or maliciously makes any 
false complaint under this Act shall on conviction, be punished with 
imprisonment for a term which may extend to three years and shall also 
be liable to fine.  
(2) No court except a court of session, in the case of a complaint 
investigated by the Lokayukta or a Court of Magistrate, First Class in 
the case of complaint investigated by an Up-Lokayukta shall take 
cognizance of the offence under sub-section (1).   
(3) No such court shall take cognizance of such offence as 
aforesaid   except   on   a   complaint   in   writing  made  by  the  Public  
796 
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
Prosecutor at the direction of the Lokayukta or Up-Lokayukta, as the 
case may be and the Court of Session may take cognizance of the 
offence on such complaint without the case being committed to it, 
anything contained in the Code of Criminal Procedure, 1973, 
notwithstanding. 
(4) Such court on conviction of the person making false 
complaint may award out of the amount of fine to the complainant such 
amount of compensation as it thinks fit.  
(5) If at any stage of a proceeding under this Act before the 
Lokayukta  or an Up-Lokayukta it appears to him that any person 
appearing in such proceeding or any person who filed an affidavit in 
support of a complaint made under this Act had knowingly or willfully 
given false evidence or had fabricated false evidence with the intention 
that such evidence should be used in such proceeding the Lokayukta or 
Up-Lokayukta, as the case may be, may, if satisfied that it is necessary 
and expedient in the interest of justice that the person should be tried 
summarily for giving or fabricating, as the case may be, false evidence, 
take cognizance of the offence and may, after giving the offender a 
reasonable opportunity of showing cause why he should not  be 
punished for such offence, try such offender summarily, so far as may 
be, in accordance with the procedure prescribed for summary trials 
under the Code of Criminal Procedure, 1973 and sentence him to 
imprisonment for a term which may extend to six months or to fine 
which may extend to five thousand rupees or to both.  
1[ (5-a) If at any stage of investigation, under this Act, where the 
Lokayukta or any Up-Lokayukta is satisfied that the complaint is false 
or vexatious or is not made in good faith or filed in order to defame any 
public servant, the Lokayukta or Up-Lokayukta, as the case may be 
after giving a reasonable opportunity of showing cause to the 
complainant, may in his discretion cease to investigate the complaint 
and impose cost not exceeding fifty thousand rupees which shall be 
deposited under the respective head of the consolidated Fund of the 
State. If the amount of cost is not paid by the complainant within two 
months from the date of the order if shall be realized as land revenue, 
through Collector, from the property of complainant.  
1(5-b) After the investigation of any allegation made under this
Act, if the Lokayukta or the Up-Lokayukta is satisfied that such 
investigation has resulted in injustice or caused defamation to the 
concerned public servants, he may on their application, award, 
compensation recording reasons therefore not exceeding the maximum 
amount of the cost, out of the cost as imposed on the complainant 
under sub-section (5-a) to such public servant, who has suffered any 
loss by reasons of injustice or defamation, and such compensation shall 
be charged on the Consolidated Fund of the State. ]
1.  Ins. by sec  4 of U. P. Act no. 4 of 2012.
798 
——————————————————————————————————————————
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
(6) When any such offence as is described in section 175,  
section 178, section 179 or section 180 of the Indian Penal Code is 
committed in the view or presence of the Lokayukta or Up-Lokayukta, 
he may cause the offender to be detained in custody and may, at any 
time on the same day, take cognizance of the offence and, after giving 
the offender a reasonable opportunity of showing cause why he should 
not be punished under this section, sentence the offender to simple 
imprisonment for a term which may extend to one month, or to fine 
which may extend to five hundred rupees, or to both.  
(7) In every case tried under sub-section (6), the Lokayukta, or 
Up-Lokayukta, as the case may be, shall record the facts constituting 
the offence with the statement (if any) made by the offender as well as 
the finding and the sentence.  
(8) Any person convicted on a trial held under sub-section (5) or 
sub-section (6) may appeal to the High Court, and the provisions of 
Chapter XXIX of the Code of Criminal Procedure, 1973, shall, so far as 
they are applicable apply to appeals under this sub-section, and the 
Appellate Court may alter or reverse the finding, or reduce or reverse 
the sentence appealed against.  
(9) The provisions of sub-sections (5), (6), (7) and (8) shall have 
effect notwithstanding anything contained in the Code of Criminal 
Procedure, 1973, but nothing in these sub-sections shall affect the 
power of the Lokayukta or Up-Lokayukta as the case may be, to proceed 
under sub-section (3) in respect of any offence, where it does not choose 
to proceed under sub-sections (5), (6) and (7).  
(10) Words and expressions used in sub-sections (5) to (9) and 
not defined in this Act shall have the same meanings as in the Code of 
Criminal Procedure, 1973.  
Staff of 
Lokayukta 
and Up-
Lokayuktas  
14. (1) The Lokayukta may appoint or authorize an  
Up-Lokayukta or any officer subordinate to the Lokayukta or an  
Up-Lokayukta to appoint officers and other employees to assist the 
Lokayukta and the Up-Lokayuktas in the discharge of their functions 
under this Act ;  
Provided that nothing in this sub-section shall be construed to 
prevent any person who holds a post under the Central or the State 
Government from being appointed on deputation with the consent of 
that Government.  
(2) The number and categories of officers and employees who 
may be appointed under sub-section (1), their salaries, allowances and 
other conditions of service and the administrative powers of the 
Lokayukta and Up-Lokayuktas shall be such as may be determined by 
general or special order of the State Government made after 
consultation with the Lokayukta.  
800 
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
(3) Without prejudice to the provisions of sub-section (1), the 
Lokayukta or an Up-Lokayukta may for the purpose of conducting 
investigations under this Act utilize the services of — 
(i) any officer or investigation agency of the State or Central 
Government with the concurrence of that Government,  
(ii) any other person or agency.  
Secrecy of 
information  15. (1) Any information obtained by the Lokayukta or the 
Up-Lokayukta or members or their staff in the course of or for the 
purposes of any investigation under this Act and any evidence recorded 
or collected in connection with such information, shall, subject to the 
provisions of the proviso to sub-section (2) of section 10, be treated as 
confidential and notwithstanding anything contained in the Indian 
Evidence Act, 1872 (Central Act 1 of 1872), no Court shall be entitled to 
compel the Lokayukta or an Up-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 proceeding to be taken on such report ; or  
(b) for purposes of any proceedings for an offence under the 
Official Secrets Act, 1923 (Central Act 19 of 1923), or an offence of 
giving or fabricating false evidence under the Indian Penal Code, 1860 
(Central Act 45 of 1860) or for purposes of any trial of an offence under 
section 13 or any proceedings under section 16 ; or  
(c) for such other purposes as may be prescribed.  
(3) An officer or other authority prescribed in this behalf may 
give notice in writing to the Lokayukta or an Up-Lokayukta, as the case 
may be, with respect to any document or information specified in the 
notice or any class of documents or information so specified that in the 
opinion of the State Government the disclosure of the documents or 
information or of documents or information of that class would be 
contrary to public interest, and where such a notice is given, nothing in 
this Act, shall be construed as authorizing or requiring the Lokayukta, 
the Up-Lokayukta or any member of their staff, unless the Lokayukta or 
the Up-Lokayukta, for reasons to be recorded, is of the opinion that 
disclosure of such document or information involves no public interest 
to communicate to any person any document or information specified in 
the notice or any document or information of a class so specified.  
Intentional 
insult or 
interruption 
to, or 
bringing into 
disrepute, 
Lokayukta or 
Up-Lokayukta 
16.(1) Whoever intentionally offers any insult, or causes any 
interruption to the Lokayukta or an Up-Lokayukta while the Lokayukta 
or the Up-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.  
802 
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
(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 an Up-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. 
(3) The provisions of sub-sections (2) to (6) of section 199 of the 
Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall apply in 
relation to an offence under sub-section (1) or sub-section (2) as they 
apply in relation to an offence referred to in sub-section (2) of the said 
section 199 subject to the modification that no complaint in respect of 
such offence shall be made by the public prosecutor except with the 
previous sanction, — 
(a) in the case of an offence against the Lokayukta, of the 
Up-Lokayukta concerned.
(b) in the case of an offence against an Up-Lokayukta, of the 
Up-Lokayukta concerned.   
Protection 17.(1) No suit, prosecution or other legal proceeding shall lie 
against the Lokayukta or the Up-Lokayukta or against any officer, 
employee, agency or person referred to in section 14 in respect of 
anything which is in good faith done or intended to be done under this 
Act.  
(2) No proceedings of the Lokayukta or the Up-Lokayukta shall 
be held bad for want of form and except on the ground of jurisdiction, 
no proceedings or decision of the Lokayukta or the Up-Lokayukta shall 
be liable to be challenged, reviewed, quashed or called in question in 
any court.  
Conferment 
of additional 
functions on 
Lokayukta 
and Up-
Lokayuktas 
etc.  
18.(1) The State Government may, by notification published in 
the Gazette and after consultation with the Lokayukta, confer on the 
Lokayukta or an Up-Lokayukta, as the case may be, such additional 
functions in relation to the eradication of corruption as may be specified 
in the notification.   
(2) The State Government may, be order in writing and after 
consultation with the Lokayukta, confer on the Lokayukta or an 
Up-Lokayukta such powers of a supervisory nature over agencies, 
authorities or officers set-up, constituted or appointed by the State 
Government for the eradication of corruption.  
(3) The State Government may, by order in writing and subject 
to such conditions and limitations as may be specified in the order, 
require the Lokayukta to investigate any action (being an action in 
respect of which a complaint may be made under this Act, to the 
Lokayukta or an Up-Lokayukta) and notwithstanding anything 
contained in this Act, the Lokayukta shall comply with such order :  
Provided that the Lokayukta may entrust investigation of any 
such action (being action in respect of which a complaint may be made 
under this Act to an Up-Lokayukta) to an Up-Lokayukta.  
804 
[The Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975]
(4) When any additional functions are conferred on the 
Lokayukta or an Up-Lokayukta under sub-section (1) or when the 
Lokayukta or an Up-Lokayukta is to investigate any action under 
sub-section (3), the Lokayukta or Up-Lokayukta shall exercise the same 
powers and discharge the same 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.   
Power to 
exclude 
complaints 
against 
certain 
classes of 
public 
servants  
19.(1) The State Government may in consultation with the 
Lokayukta and on being satisfied that it is necessary or expedient in the 
public interest so to do, exclude, by notification in the Gazette, 
complaints involving a grievance or an allegation against persons 
belonging to any class of public servants specified in the notification, 
from the jurisdiction of the Lokayukta or, as the case may be, 
Up-Lokayukta ;  
Provided that no such notification shall be issued in respect of 
public servants holding posts carrying a minimum monthly salary 
(excluding allowances) or one thousand rupees or more.  
(2) Every notification issued under sub-section (1) shall be laid, 
as soon as may be, after it is issued, before each House of the State 
Legislature while it is in session for a total period of thirty days which 
may be comprised in one session or in more than one successive 
sessions and if, before the expiry of the said period, the House agrees in 
making any modification in the notification or the House agrees that the 
notification should be annulled and notified such decision in the 
Gazette, the notification shall from the date of publication of such 
decision have effect only in such modified form or be of 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 by 
virtue of that notification.  
Powers to 
delegate  20.The Lokayukta or an Up-

Excerpt shown. Open the full act in Lexace.

‹ Prev All Uttar Pradesh acts Next ›