The West Bengal Lokayukta Act, 2003

No. WB(Part-III)/2004/SAR-3 Registered No. WB/SC-247 
Rothata a3ette 
Extraordinary 
Published by Authority *tatcle-A., 
VAISAKHA 31] 	 FRIDAY, MAY 21, 2004 	 [SAKA 1926 
PART III— Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
. LAW DEPARTMENT 
Legislative 
II 
No. 865-L.-21st May, 2004.—The following Act of the West Bengal Legislature, having been assented to by 
the President of India is hereby published for general information: Ii  — 
West Bengal Act XXXV of 2003 
THE WEST BENGAL LOKAYUKTA 
ACT, 2003. 
Short title and 
commencement. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Kolkata Gazette, 
Extraordinary, of the 21st May, 2004.] 
An Act to provide for the establishment of the institution of Lokayukta to investigate 
the complaints by the citizens against the public functionaries in West Bengal 
alleging corrupt practices by them and for matters directly connected therewith. 
WHEREAS it is expedient to provide for the establishment of the institution of 
Lokayukta to investigate the complaints by the citizens against the public functionaries 
in West Bengal alleging corrupt practices by them and for matters directly connected 
therewith; 
It is hereby enacted in the Fifty-fourth Year of the Republic of India, by the 
Legislature of West .Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Lokayukta Act, 2003. 
(2) .  It extends to the whole of West. Bengal. 
(3) It shall come into force on iliai date as the State Government may, by 
notification, appoint. 
NOTIFICATION 
I AI ntmeni of 	 3. (1) For the purpose of conducting investigations and inquiries in accordance Lo yukta and Up 
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 Upa-Lokayukta: 	 r 
in the case of the Chief Minister, the State Legislative Assembly; 
in the case of a Minister, the Chief Minister: 
Provided that during the period of operation of any 
proclamation issued-underarticle 356 of the Constitution of India, 
the Governor; 
(iii) in the case of a Member of the State .  Legislative Assembly, the 
Speaker of the State Legislative Assembly. 
Explandtion.—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; - 
(iv) in the case of any other public functionary, such authority as may 
be prescribed; 
(4) "complaint", in relation to a public functionary, means an allegation 
made in writing by any person that such public functionary, in discharge 
or purported discharge of his public function has been guilty of corrupt 
practice; 
(5) "corrupt practice" means that the public functionary in any of his action 
has been guilty of wilful lack of financial integrity and/or wilful abuse 
of power for personal gain; 
(6) "Governor" means the Governor of the State of West Bengal; 
(7) "grievance" means a claim by a person that he sustained injustice or 
undue hardship in consequence of the wilful failure to perform duties 
duly assigned to a public functionary; 
(8) "Lokayukta" means the person appointed as such under section 3; 
(9) "Minister" means a Minister of the Government of West Bengal, and 
includes a Deputy Chief Minister, a Minister, a Minister of State, a 
Deputy Minister; 
(10) "notification" means a notification published in the Official Gazette; 
(11) "officer" means a public servant or a person holding any office or post 
in connection with the affairs of the State of West Bengal and against 
whom no disciplinary or penal action has been taken or contemplated 
under any statute or statutory rule; 
(12) "prescribed" means prescribed by rules made under this Act; 
(13) "public functionary" means a person who is— 
(i) the Chief Minister or a Minister; 
(ii) a Member of the State Legislative Assembly; 
(iii) any other person holding an office or post consequent upon an 
election held under any law for the time being in force; 
(14) "Upa-Lokayukta" means a person appointed to be Upa-Lokayukta under 
section 3. 
(i)  
(ii)  
THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 
The West Bengal Lokayukta Act, 2003. 
(Sections 2, 3.) 
Definitions. 	 2. In this Act, unless the context otherwise requires,— 
(1) "action" means action taken by a public functionary in the discharge 
or purported discharge of his public function; 
(2) "Chief Minister" means the Chief Minister of the Government of West 
Bengal; 
(3) "competent authority", in relation to a public functionary, means,— 
Lokayukta or 
Upa-Lokayukta 
hold no other 
office, 
110 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 	 3 
The West Bengal Lokayukta Act, 2003. 
(Sections 4, 5.) 
Provided that— 
the Lokayukta and Upa-Lokayukta shall be appointed by the Governor on the 
advice tendered by the Chief Minister in consultation with the Speaker and the Leader 
of the Opposition of the Legislative Assembly of the State. 
(2) A person shall not be qualified for appointment as Lokayukta unless he has 
the qualification of being appointed a Judge of the Supreme Court under article 124 
of the Constitution. 
(3) A person shall not be qualified for appointment as Upa-Lokayukta unless he 
has the qualification for being appointed a Judge of the High Court under article 217 
of the Constitution. 
(4) Notwithstanding anything contained in any other provision of this Act, a 
person of high integrity and eminence shall be appointed a Lokayukta or Upa-Lokayukta, 
if such recommendation is made by the Chief Minister in consultation with the Speaker 
and the Leader of the Opposition of the' State Legislative Assembly. 
(5) (a) Temporary or casual vacancy in the office of the Lokayukta or the Upa-
Lokayukta shall be filled up in accordance with prescribed rules for a period not 
exceeding six months. 
(b) If the Lokayukta or Upa-Lokayukta is unable to perform his duties for 
six months or more, the Governor may declare the office vacant: 
Provided that ,the Governor shall hear such Lokayukta or Upa-Lokayukta 
before declaring such office as vacant. 
(c) A vacancy occuring in the office of the 'Lokayukta or Upa-Lokayukta 
by reason of his death, resignation, retirement or removal shall be filled up as soon 
as possible, but not later than three months from the date of occurrence of such 
vacancy. 
Term of office of 
Lokayukta and 
Upa-Lokayukta. 
4. The Lokayukta or Upa-Lokayukta shall not be a Member of Parliament or 
a Member of the Legislature of any State, or hold any office of profit, other than 
office as the Lokayukta or, as the case may be, Upa-Lokayukta, or be connected wi 
any political party, or carry on any business or practice any profession, and, accordingly, 
a person appointed as the Lokayukta or Upa-Lokayukta shall, before he enters upon 
his office,— 
(a) if he is a Member of Parliament or of the Legislature of any State, resign 
such membership; 
(b) if he holds any office of profit, resign such office; 
(c) if he is connected with any political party, sever his connection with 
it; 
(d) 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 
(e) if he is practising any profession, suspend practice of such profession 
till his tenure to that post. 
5. (1) Every person appointed as the Lokayukta or Upa-Lokayukta shall hold 
office for a period of three years from the date he assumes his office: 
Provided that— 
(a) the Lokayukta or Upa-Lokayukta may, in writing under his hand addressed 
to the Governor, resign his office; 
(b) the Lokayukta or Upa-Lokayukta may be removed from office in the 
manner provided in section 6. 
. 	 - 
4 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 	 [PART III 
The West Bengal Lokayukta Act, 2003. 
(Sections 6-9.) 
(2) On ceasing to hold office, the Lokayukta or Upa-Lokayukta shall be ineligible 
for further appointment as the Lokayukta or Upa-Lokayukta or for any employment 
under the State Government or for any employment under the local authority, University, 
statutory body or corporation, society, co-operative society, Government company, or 
other body or corporation constituted by or under any State law. 
Provision relating 
to complaints. 
6. (1) The Lokayukta or Upa-Lokayukta shall not be removed from his office 
except by an order of the Governor, passed after an address by the Legislative 
Assembly of the State supported by a. majority of the total membership of the House 
and by 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 
on the ground of proved misconductincluding corrupt practice or incapacity. 
(2) The procedure for the presentation of an address and for the investigation 
and proof of the misconduct including corrupt practice or incapacity of the Lokayukta 
or Upa-Lokayukta under sub-section (1) shall be as provided in the Judges (Inquiry) 51 of 1968. 
Act, 1968, in relation to the removal of a Judge and, accordingly, the provisions of 
that Act shall apply, mutatis mutandis, in relation to the removal of the Lokayukta 
or Upa-Lokayukta, as the case may be, as they apply in relation to the removal of 
a Judge. 
7. (1) Subject to the provisions of this Act, the Lokayukta may investigate any 
complaint received by him with the general or specific approval of, or at the instance 
of the competent authority, in any case where a complaint is made in respect of such 
action which can be in the opinion of the Lokayukta, the subject of a complaint. 
(2) Subject to the provisions of this Act, the Upa-Lokayukta may investigate any 
complaint which has been made over to him by Lokayukta. 
8. (1) The Lokayukta or Upa-Lokayukta shall not investigate any complaint,— 
(a) in respect of which a formal and public inquiry has been ordered 
under the Public Servants (Inquiries) Act, 1850, or 	 37 of 1850. 
(b) in respect of a matter which has been referred to a Commission of 
Inquiry appointed under the Commissions of Inquiry Act, 1952, for 60 of 1952. 
inquiry, or 
(c) where disciplinary action for the same matter has already been 
initiated or is contemplated. 
(2) The Lokayukta or tipa-Lokayukta shall not investigate any complaint, if such 
complaint is made after the expiry of six months from the date on which the action 
complained of is alleged to have taken place: 
Provided that the Lokayukta or Upa-Lokayukta may, on being satisfied on the 
facts and circumstances of the case that the delay has been properly explained or that 
it is necessary so to do in the interest of justice, condone the delay and investigate 
the complaint. 
(3) The Lokayukta or Upa-Lokayukta shall not, except on a reference by a court 
of law, investigate any matter which is under adjudication by such court of law. 
9. (1) Subject to the provisions of this Act, complaint may be made by any 
person to the Lokayukta in respect of any action: 
Provided that death of the complainant shall not debar, if the Lokayukta or Upa-
Lokayukta who is in seisin of the matter so desires, to proceed with the investigation 
with such help as he considers necessary. 
(2) Every complaint shall be made in such form and shall be accompanied by 
such affidavits as may be prescribed. 
Removal of 
Lokayukta or 
Upa-Lokayukta. 
Matters which 
may be investi-
gated by 
Lokayukta or 
Upa-Lokayukta. 
Matters not 
subject to 
investigation by 
Lokayukta. 
. 	 . 
PART In , 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 	
5 
Procedure in 
respect of 
investigation. 
The West Be)7gal Lokayukta Act, 2003. 
(Sections 10, IL) 
10. (1) Where the Lokayukta or Upa-Lokayukta, is satisfied on preliminary 
enquiry that the complaint needs investigation he— 
(a) shall forward a copy of the complaint, a statement setting out the 
grounds of such investigation, to the public functionary concerned and 
the competent authority concerned for information; 
(b) shall give the public functionary concerned an opportunity to offer his 
comments on such complaint or statement; and 
(c) may make such order as to the safe custody of documents relevant to 
the investigation as he 6deems fit. 
(2) (a) Every preliminary enquirrreferred to in sub-section (1) 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 investigation made under sub-
section (1) shall be made public... 
(b) Every such investigation shall be completed as early as possible but in no 
case the period of such investigation shall exceed one year. 
(3) (a) Save as otherwise provided in the foregoing provisions of this section, 
the procedure for making any investigation shall be such as the Lokayukta or, as the 
case may be, the Upa-Lokayukta considers appropriate in the circumstances of each 
case, but regard shall always be given to the principles of natural justice. 
(b) The Lokayukta or Upa-Lokayukta, as the case- may be, may give direction 
to any officer or investigating agency, including the police, under the State Government 
to assist him in the conduct of any investigation under this Act, and such officer or 
investigating agency or the police, as the case may be, shall promptly comply with 
such direction. 
(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,— 	 4 1! 
(a) the complaint is frivolous or vexatious or is not made in good faith; 
(b) there are no sufficient grounds for investigation or, as the case may be, 
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 Upa-Lokayukta decides not to entertain 
a complaint or decides 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 functionary concerned. 
r 
Evidence. 11. (1) Subject to other provisions of this section, for the purposes of any 
investigation (including preliminary enquiry, if any, before such investigation) under 
this Act, the Lokayukta or Upa-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 such information or produce such document. 
(2) For the purposes of any such investigation (including the preliminary enquiry), 
the Lokayukta or Upa-Lokayukta shall have all the powers of a civil court while trying 
a suit under the Code of Civil Procedure, 1908, in respect of the following matters, 5 of 1908. 
namely:— 
(a) summoning and enforcing the attendance of any person and examining 
him on oath; 
e. 
6 	 THE KOLKATA GAZETTE, 'EXTRAORDINARY, MAY 21, 2004 	 [PART III 
The West Bengal Lokayukta Act, 2003. 
Repqr,ts of 
Lokayukta and 
Upa-Lokayukta. 
Annual Reports of 
Lokayukta and 
Upa-Lokayukta. 
Prosecution for 
false complaint. 
(Sections 12-14.) 
4"11*"4174 (4) No person shall be required or atItt(Aised, by virtue of this Act, to furnish 
such class or category of information,,anSwpr or question, or produce so much of such 
class or category of document,— 	 '1,0V' 	 • 
(a) as might prejudice the security orkletence or international relations of 
India (including the relations of India with the Government of any other 
country or with any international organisation), or 
(b) as might involve the disclosure of proceedings of the Council of Ministers 
of the State Government or any Committee of that Council of Ministers, 
and 
(c) to give any evidence or produce any document which he could not be 
compelled to give or produce in any prof eedings before a Court. 
(5) For the purpose of sub-section (4), a certificate issued by the Chief Secretary 
to the Government of West Bengal, certifying that any information or answer or any 
portion of a document is of the class or category specified in clause (a) or clause (b), 
shall be conclusive and binding. 
12. (1) If, after investigation of any complaint in respect of any action under 
this Act, the Lokayukta or Upa-Lokayukta is satisfied that such complaint is 
substantiated, either wholly or partly, he shall send to the competent authority a'  eport 
in writing, recording therein his findings and recommendations along with the relevent 
documents, materials or other evidence. 
(2) The competent authority shall, on receipt of the report under sub-section (1), 
examine the said report, take appropriate action and inform the Lokayukta or the Upa-
Lokayukta. 
13. (1) The Lokayukta and the Upa-Lokayukta shall present annually a 
consolidated report on the work done under this Act to the State Government. 
(2) On receipt of annual report under sub-section (1), the State Government shall 
cause a copy thereof to be laid before the State Legislature along with a memorandum 
of action taken on the recommendations of the Lokayukta and the Upa-Lokayukta and 
the reasons for non-acceptance of the recommendations, if any. 
14. (1) Notwithstanding anything contained in section 10 or elsewhere in this 
Act, whoever wilfully or maliciously makes any false complaint under this Act, shall, 
on conviction, be punished with imprisonment for a term which may extend to one 
year but shall not be less than three months and shall also be liable to fine. 
(2) No court, except the court of a Judicial Magistrate of the first class, shall 
take cognizance of an offence under sub-section (1). 
(3) No such court shall take cognizance of any such offence unless the complaint 
is made with the previous sanction of the Lokayukta or Upa-Lokayukta, as the case 
may be, by the person against whom the false complaint was made. 
(h) 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 
office; 
(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 Upa-Lokayukta shall be deemed 
to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, 
1860. 
45 of 1860. 
PART III] 	
THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 	 7 
Staff of 
Lokayukta and 
Upa-Lokayukta. 
The West Bengal Lokayukta Act, 2003. 
(Sections 15, 16.) 
(4) Any such court may, on conviction of a person making the false complaint, 
award to the opposite party, such amount of compensation out of the amount of fine, 
as it thinks fit. 
15. (1) Subject to the approval of the Governor the Lokayukta may appoint, or 
authorise an 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-Lokayukta in the discharge of their functions under this Act. 
(2) Without prejudice to the provislimis 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,— 
(a) any officer or investigating agency of the State Government with the 
concurrence of that Government; 
(b) any other person or agency. 
Secrecy of 
information. 16. (1) Any information obtained by the Lokayukta or Upa-Lokayukta or any 
of his officers or other employees in the course of, or for the purposes of, any 
preliminary enquiry 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 contained in 
the Indian Evidence Act, 1872, no,court shall have jurisdiction to compel the Lokayukta 
or Upa-Lokayukta or any public servant to give evidence relating to such information 
or to 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 the purposes of any investigation or any report to be made, o 
such investigation or any action or proceedings to be taken on suc 
report; or 
(b) for the purposes of any proceedings for any offence under the Official 19 of 1923. 
Secrets Act, 1923, or any offence of giving false evidence or fabricating 
false evidence under the Indian Penal Code, 1860, or any trial of an 45 of 1860. 
offence under section 14, or any proceedings under section 17, of this 
Act; or 
(c) for such other purposes as may be prescribed. 
(3) Such officer or authority as may be prescribed in this behalf, may give notice 
in writing to the Lokayukta or Upa-Lokayukta, as the case may be, with respect to 
any document or information specified in the notice. or any class or category of 
documents so specified, that in the opinion of the State Government, the disclosure 
of the document or the information or the class or category of documents would be 
prejudicial to the public interest; and where such a notice is given, the Lokayukta or 
Upa-Lokayukta may, for reasons to be recorded in writing decide as to whether the 
disclosure of such document or information or class or category of documents involves 
public interest. In case the disclosure of any document or information or class or 
category of documents so specified is held to involve public interest, the Lokayukta 
or Upa-Lokayukta, as the case may be, or any of his officers or other employees shall 
not communicate to any person any such document or information or class or category 
of documents. 
1 of 1872. 
8 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 	 IVART 111 
The West Bengal Lokayukta Act, 2003. 
(Sections 17-20.) 
Intentional insult 
or interruption to, 
or bringing into 
disrepute, 
Lokayukta or 
Upa-Lokayukta. 
44.  
Protection of 
action taken in 
good faith. 
Conditions of 
appointment of 
Lokayukta and 
Upa-Lokayukta. 
17. (1) Whoever intentionally insults or causes any interruption to the Lokayukta 
or Upa-Lokayukta while the Lokayukta or Upa-Lokayukta is making 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. 
(3) The provisions of section 199 of, t4e Code of Criminal Procedure, 1973 2 of 1974. 
(hereinafter referred to in this sub-section as the said Code), shall apply in relation 
to an offence under sub-section (1) or• sub-section (2) of this section as they apply 
in relation to an office referred to in sub-seetikrii(4) of section 199 of the said Code, 
subject to the modification that no complirnt 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 Upa-Lokayukta,. of the Lokayukta; 
(b) in the case of an offence against Lokayukta, of the Upa-Lokaynkta 
concerned. 
(4) The Lokayukta and Upa-Lokayukta shall have and may exercise the same 
jurisdiction, powers and authority, in accordance with the same procedure and practice, 
in respect of contempt of any of them as a High Court has and may exercise, and, 
for this purpose, the provisions of the Contempt of Courts Act, 1971, shall have effect, 70 of 1971. 
subject to the modification that any reference therein to the High Court shall be 
construed to be a reference to the Lokayukta or Upa-Lokayukta, as the case may be. 
18. (1) No suit, prosecution or other legal proceedings shall lie against the 
Lokayukta or Upa-Lokayukta or against any officer, employee, investigating agency, 
or other person or agency 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 Upa-Lokayukta shall be deemed 
to be invalid by reason only of any defect or infirmity in his appointment. 
(3) No proceeding, decision, finding or recommendation of the Lokayukta or 
Upa-Lokayukta shall be liable to be challenged, reviewed, quashed or called in 
question in any court or tribunal. 
19. The Lokayukta and Upa-Lokayukta shall be entitled to such allowances and 
privileges and other conditions of appointment, as may be prescribed. 
Conferment of 
additional 
functions on 
Lokayukta and 
Upa-Lokayukta. 
20. (1) The State Government may, by order in writing, subject to such conditions 
and limitations as may be specified in the order, require the Lokayukta or Upa-
Lokayukta to investigate any allegation (being an allegation in respect of which a 
complaint may be made under this Act to the Lokayukta or Upa-Lokayukta) and, 
notwithstanding anything contained in this Act, the Lokayukta or Upa-Lokayukta, as 
the case may be, shall comply with such order. 
(2) When any additional functions are conferred on the Lokayukta or Upa-
Lokayukta under sub-section (1) or when the Lokayukta or Upa-Lokayukta investigates 
any allegation the Lokayukta or Upa-Lokayukta, as the case may be, shall exercise 
the same powers and discharge the same functions as he would exercise and discharge 
in the case of any investigation on a complaint involving an allegation, and the 
provisions of this Act shall apply accordingly. 
' - 
THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 
Power of State 
Government to 
make rules. 
Power of 
Lokayukta to 
make regulations. 
Removal of 
doubts. 
The West Bengal Lokayukta Act, 2003. 
(Sections 21-23.) 
21. (1) The State Government may, in consultation with the Lokayukta, by 
notification, make rules for carrying out the purposes of this Act. 
(2) In particular, and without prejudice to the generality of the foregoing power, 
such rules may provide for all or any of the following matters:— 
(a) the competent authority under sub-clause (iv) of clause (3) of 
section 2; 
(b) the matters in respect of which the Lokayukta or Upa-Lokayukta shall 
have powers of a civil court under clause (f) of sub-section (2) of 
section 11; 
(c) the other purposes in 	 disclosure of any information or evidence 
under clause (c) of 	 c 11 4(2); and the officer or authority for the 
purposes of sub-sednnit3X 4f, section 16; 
(d) any other matter w1lict rbqpired to be, or may be, prescribed. 
(3) Every rule made under:Th section4all be laid, as soon as may be after it 
is made, before the State Legislature, white it is in session, for a total period of thirty 
days which may be comprised in one .setsion or in two or more successive sessions, 
and if, before the expiry of the session immediately following the session or the 
successive sessions aforesaid, the State Legislature agrees in making any modification 
in the rule or the State Legislature agrees that the rule should not be made, the rule 
shall thereafter 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 under that rule. 
22. (1) The Lokayukta may, with the approval of the State Government, by 
notification, make such regulations as he may deem necessary for carrying out the 
purposes of this Act. 
(2) In particular, and without prejudice to the generality of the foregoing power, 
such regulations may provide for all or any of the. matters namely:— 
(a) the normal working hours of the offic,e of the Lokayukta, and holding 
of sittings of the Lokayukta and Upa-Lokayukta outside normal working 
hours; 
(b) the holding of sittings of the Lokayukta and Upa-Lokayukta at places 1. 
other than the place of ordinary sittings; 
(c) the procedure which may be followed by the Lokayukta and Upa-
Lokayukta for conducting proceedings including inquiry and 
investigation; 
(d) the forms in which complaints may be made, the affidavits which may 
accompany such complaints, and the fees, if any, which may be charged 
in respect thereof; 
(e) the forms and notices as may, in the opinion of the Lokayukta, be 
necessary for carrying out the inquiry and investigation. 
23. If any difficulty arises in giving effect to the provisions of this Act, the State 
Government may, by order, not inconsistent with the provisions of this Act, remove 
the difficulty: 
Provided that no such order shall be made after the expiry of a period of two 
years from the date of publication of this Act in the Official Gazette. 
By order of the Governor, 
S. K. NANDY, 
Secy. to the Govt. of West Bengal, 
Law Department. 
 
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056 

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