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1

L.A. Bill No. XXXVI OF 2022.

A BILL

to provide for establishment of a body of Lokayukta for

inquiry of administrative actions taken by or on behalf of

the Government of Maharashtra or certain public authorities

in the State of Maharashtra, in certain cases and to

inquire into and investigate allegations of corruption against

them and for matters connected therewith or incidental thereto.

WHEREAS section 63 of the Lokpal and Lokayuktas Act, 2013 provides

that every State shall establish a body to be known as the Lokayukta for

1 of

2014.

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 8, +ÆEò 48 ]

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[ {ÉÞ¹`äö 40, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 101

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ

Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of Article 348 of the Constitution of India, the following

translation in English of the Maharashtra Lokayukta Bill, 2022 (L.A. Bill No. XXXVI of 2022),

introduced in the Maharashtra Legislative Assembly on the 26^th December 2022, is hereby published

under the authority of the Governor.

By order and in the name of the

Governor of Maharashtra,

SATISH WAGHOLE,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

RNI No. MAHENG/2009/35528

(1)

¦ÉÉMÉ +É`ö-101-----1.

BSɤÉÒ--1458-1.

2

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the State, to deal with complaints relating to corruption against certain

public functionaries;

AND WHEREAS it is necessary to enact a new law on the lines of the

Lokpal and Lokayuktas Act, 2013 for the State of Maharashtra and to enlarge

the scope of the existing Maharashtra Lokayukta and Upa-Lokayuktas Act,

1971 and to entrust more powers to Lokayukta;

AND WHEREAS it is expedient to provide for establishment of a body

of Lokayukta for inquiry of administrative actions taken by or on behalf of

the Government of Maharashtra or certain public authorities in the State

of Maharashtra, in certain cases and to inquire into and to investigate

allegations of corruption against them and for matters connected therewith

or incidental thereto; it is hereby enacted in the Seventy-third Year of the

Republic of India as follows:-

CHAPTER I

PRELIMINARY.

1.

(1) This Act may be called the Maharashtra Lokayukta Act, 2022.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date as the State Government may,

by notification in the Official Gazette, appoint.

CHAPTER II

DEFINITIONS.

2.

(1) 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) “administrative department” means the department specified

under the Maharashtra Government Rules of Business;

(c) “allegation” in relation to a public servant, means any

affirmation that such public servant, —

(i) has abused his position as such to obtain any gain or favour

to himself or 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 motives; or

(iii) is guilty of corruption or lack of integrity in his capacity

as such public servant;

(d) “bench” means a bench of the Lokayukta;

1 of

2014.

Short title,

extent and

commencement.

Definitions.

Mah. XLVI

of 1971.

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3

(e) “Chairperson” means the Chairperson of the Lokayukta;

(f) “competent authority”, in relation to,-

(i) the Chief Minister, means the Maharashtra Legislative

Assembly;

(ii) Ministers referred to in clause (o), means the Governor;

(iii) a Member of the Maharashtra State Legislature other than

a Minister means,—

(a) in the case of a Member of the Maharashtra Legislative

Council, the Chairman of the Council; and

(b) in the case of a Member of the Maharashtra Legislative

Assembly, the Speaker of the Assembly;

(iv) persons referred to in clause (d) of sub-section (1) of section

12, the Minister of the concerned administrative department;

(v) All India Services Officers (including Indian Administrative

Service, Indian Police Service, Indian Forest Services, etc.), means

the Chief Minister;

(vi) an officer in the department of the State Government

means the Minister in-charge of the department under which such

officer is serving:

Provided that, if such officer is head of the department

declared by the State Government then, competent authority shall

be the Chief Minister;

(vii) a Chairperson or Member of any body or board or

corporation or authority or company or society or autonomous body

(by whatever name called) established or constituted under the Act

of the Parliament or of the State Legislature or wholly or partly

financed by the State Government or controlled by it, means the

Minister in-charge of the administrative department of such body

or board or corporation or authority or company or society or

autonomous body:

Provided that, if such Chairperson or Member is All India

Services Officer then, the competent authority shall be the Chief

Minister;

(viii) an officer of any body or board or corporation or authority

or company or society or autonomous body (by whatever name

called) established or constituted under the Act of the Parliament

or of the State Legislature or wholly or partly financed by the State

Government or controlled by it, means the head of such body or

board or corporation or authority or company or society or

autonomous body;

4

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(ix) in any other case not falling under sub-clauses (i) to (viii)

above, means such department or authority as the State

Government may, by notification in the Official Gazette, specify:

Provided that, if any person referred to in sub-clause (vii) or

sub-clause (viii) is also a Member of the Maharashtra State

Legislature but not being the Chief Minister or the Member of the

Council of Ministers, then the competent authority shall be—

(a) in case such Member is a Member of the Maharashtra

Legislative Council, the Chairman of the Council; and

(b) in case such Member is a Member of the Maharashtra

Legislative Assembly, the Speaker of the Assembly:

Provided further that, for the purposes of this clause, in cases,

where the complaint is made against any person specified in this

clause, in respect of corruption by such person, the competent

authority specified in this Act for the said person at the time of

alleged act of corruption, shall be the competent authority for

taking action under this Act:

Provided also that, if the person against whom the complaint

is made is the same person acting as the competent authority for

such complaint, in such a case, the Governor shall be the competent

authority for such person under this Act;

(g) “complaint” means a complaint made under this Act;

(h) “full bench” means bench of Lokayukta consisting of the

Chairperson and all appointed Members which shall not be less than

three including Chairperson;

(i) “grievance” means a claim by a person that he sustained

injustice or undue hardship in consequence of maladministration;

(j) “investigation” means an investigation defined under clause (h)

of section 2 of the Code of Criminal Procedure, 1973 ;

(k) “Judicial Member” means a Judicial Member of the Lokayukta

appointed under the Act;

(l) “Lokayaukta” means the body established under section 3;

(m) “maladministration” means action taken or purporting to have

been taken in the 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, with

malafide intention, in taking such action, or the administrative

procedure or practice governing such action involves undue delay;

(n) “Member” means a Member of the Lokayukta;

(o) “Minister” means and includes,-

(i) a member of the Council of Ministers, but does not include

the Chief Minister;

2 of 1974.

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5

(ii) Minister for State;

(iii) any other person upon whom the status of a Minister or

Minister for State has been conferred by the Government;

(p) “officer” means a person appointed to a public service or post

in connection with the affairs of the State of Maharashtra;

(q) “preliminary inquiry” means an inquiry conducted under this

Act by the Lokayukta;

(r) “prescribed” means prescribed by rules and regulations made

under this Act;

(s) “public servant” means a person referred to in sub-section (1)

of section 12 but does not include,-

(i) a public servant in respect of whom the jurisdiction is

exercisable by any court or other authority under the Army Act,

1950, the Air Force Act, 1950, the Navy Act, 1957 and the Coast

Guard Act, 1978 or the procedure is applicable to such public

servant under those Acts ; or

(ii) a person who is or has been working on the Group ‘D’ post

in the State Government, or its equivalent posts in the

Government company, Government corporation, Government

society or Government association;

(t) “regulations” means regulations made by the Lokayukta under

this Act;

(u) “rules” means the rules made under this Act ;

(v) “Schedule” means a Schedule appended to this Act ;

(w) “Secretary” means a Secretary to the Government of

Maharashtra and includes Chief Secretary, Additional Chief Secretary

and Principal Secretary ;

(x) “Special Court” means the court of a special judge

appointed under sub-section (1) of section 3 of the Prevention of

Corruption Act, 1988.

(y) “State Agency” means an authority of the State Government

competent to make inquiry or investigation of any offence.

(2) The words and expressions used herein and not defined in this Act

but defined in the Prevention of Corruption Act, 1988, shall have the same

meanings as respectively assigned to them in the said Act.

CHAPTER III

ESTABLISHMENT OF LOKAYUKTA.

3.

(1) As and from the commencement of this Act, there shall be

established by notification in the Official Gazette, a body to be called the

“Lokayukta, Maharashtra State”.

46 of 1950.

45 of 1950.

62 of 1957.

30 of 1978.

Establishment

of Lokayukta.

49 of 1988.

49 of 1988.

6

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(2) The Lokayukta shall consist of—

(a) a Chairperson, who is or has been the Chief Justice of High

Court or a Judge of Supreme Court or a Judge of Bombay High Court;

and

(b) such number of Members, not exceeding four out of whom two

shall be Judicial Members.

(3) A person shall be eligible to be appointed,-

(a) as a Judicial Member, if he is or has been a Judge of a High

Court:

Provided that, a person who is or who has been a Judge not below

the rank of Principal District Judge may be appointed as Judicial

Member, if a person who is or has been Judge of High Court is not

available;

(b) as a Member other than a Judicial Member, if he is a person of

impeccable integrity and outstanding ability having special knowledge

and expertise of not less than twenty-five years in the matters relating

to anti-corruption policy, public administration, vigilance, finance

including insurance and banking, law, financial management.

(4) The Chairperson or a Member shall not be,—

(i) a member of the Parliament or a Member of the Legislature of

any State or Union territory;

(ii) a person convicted of any offence involving moral turpitude;

(iii) a person of less than forty-five years of age, on the date of

assuming office as Chairperson or Member, as the case may be;

(iv) a member of any Panchayat, Zilla Parishad, Nagar Panchayat,

Municipal Council or Municipal Corporation;

(v) a member of a body, corporation or society, substantially

financed by the State Government;

(vi) a person who has been removed or dismissed from service of

the Union or a State,

and shall not hold any office of trust or profit (other than his office

as the Chairperson or a Member) 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

Chairperson or a Member, as the case may be, shall, if—

(a) he holds any office of trust or profit, resign from such

office; or

(b) he is carrying on any business, sever his connection

with the conduct and management of such business; or

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7

(c) he is practicing any profession, cease to practice such

profession.

(5) Every person appointed as the Chairperson or Member shall, before

entering upon his office, make and subscribe, before the Governor, or some

person appointed in that behalf by him, an oath or affirmation in the form

set out for the purpose in the First Schedule.

(6) Notwithstanding anything contained in sub-section (1) or (2), every

person who on the date of commencement of this Act is serving as Lokayukta

or Upa-Lokayuktas under the Maharashtra Lokayukta and Upa-Lokayuktas

Act, 1971 shall, on and from such commencement, be the Chairperson or, as

the case may be, the Member of the Lokayukta established under sub-section

(1) and they shall continue to hold the office on the same terms and

conditions on which they were appointed prior to the commencement to this

Act, till completion of their term of office.

4.

(1) The Chairperson and Members shall be appointed by the

Governor after obtaining the recommendations of a Selection Committee

consisting of—

(a) the Chief Minister - Chairperson;

(b) the Deputy Chief Minister - Vice-Chairperson;

(c) the Chairman of the Maharashtra Legislative Council - Member;

(d) the Speaker of the Maharashtra Legislative Assembly - Member;

(e) the Leader of Opposition in the Maharashtra Legislative

Council - Member;

(f) the Leader of Opposition in the Maharashtra Legislative

Assembly - Member;

(g) the Chief Justice of the Bombay High Court or a Judge of the

Bombay High Court nominated by him - Member.

(2) No appointment of the Chairperson or a Member shall be invalid

merely by reason of any vacancy in the Selection Committee.

(3) The Selection Committee shall regulate its own procedure for

selecting the Chairperson and Members of the Lokayukta which shall be

transparent.

5.

The Government shall take or cause to be taken all necessary steps

for the appointment of a new Chairperson and Members at least three

months before the expiry of the term of such Chairperson or Member, as

the case may be, in accordance with the procedure laid down in this Act:

Provided that, when the office of the Chairperson or Member becomes

vacant, the vacancy shall be filled within a period of three months from the

date of occurrence of vacancy.

Mah.

XLVI of

1971.

Appointment

of Chairperson

and Members.

Filling of

vacancies of

Chairperson or

Members.

8

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6.

The Chairperson and every Member shall, on the recommendations

of the Selection Committee, be appointed by the Governor by warrant under

his hand and seal and hold office as such for a term of five years from the

date on which he enters upon his office or until he attains the age of seventy

years, whichever is earlier :

Provided that, he may,—

(a) by writing under his hand addressed to the Governor, resign

his office ; or

(b) be removed from his office in the manner provided in this Act.

7.

The salary, allowances and other conditions of service of,—

(i) the Chairperson shall be the same as those of the Chief Justice

of the High Court ;

(ii) other Members shall be the same as those of a Judge of the High

Court :

Provided that, if the Chairperson or a Member is, at the time of

his appointment, in receipt of pension (other than disability pension)

in respect of any previous service under the Government of India or

under the Government of a State, his salary in respect of service as the

Chairperson or, as the case may be, as a Member, be reduced—

(a) by the amount of that pension ; and

(b) if he has, before such appointment, received, in lieu of a

portion of the pension due to him in respect of such previous

service, the commuted value thereof, by the amount of that portion

of the pension :

Provided further that, the salary, allowances and pension

payable to, and other conditions of service of, the Chairperson

or a Member shall not be varied to his disadvantage after his

appointment.

8.

(1) On ceasing to hold office, the Chairperson and every Member

shall be ineligible for,—

(i) re-appointment as the Chairperson or a Member of the

Lokayukta ;

(ii) further employment to any other office of profit under the State

Government.

(2) Notwithstanding anything contained in sub-section (1), a Member

shall be eligible to be appointed as the Chairperson, if his total tenure as

Member and Chairperson does not exceed five years.

Term of office

of Chairperson

and Members.

Salary,

allowances and

other conditions

of service of

Chairperson

and Members.

Restriction on

employment of

Chairperson

and Members

after ceasing to

hold office.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

9

Explanation.—For the purposes of this section, it is hereby clarified

that where the Member is appointed as the Chairperson, his term of office

shall not be more than five years in aggregate as the Member and the

Chairperson.

9.

(1) In the event of occurrence of any vacancy in the Office of the

Chairperson by reason of his death, resignation or otherwise, the Governor

may, by notification, authorize the senior-most Member to act as the

Chairperson until the appointment of a new Chairperson to fill such

vacancy.

(2) When the Chairperson is unable to discharge his functions owing

to absence on leave or otherwise, the senior-most Member available, as the

Governor may, by notification, authorise in this behalf, shall discharge the

functions of the Chairperson until the date on which the Chairperson

resumes his duties.

10.

(1) There shall be a Secretary to the Lokayukta in the rank of

Secretary to the State Government, who shall be appointed by the

Chairperson from a panel of names sent by the State Government.

(2) The appointment of officers and staff of the Lokayukta shall be made

by the Lokayukta :

Provided that, the Governor may by rule require that the appointment

in respect of any post or posts as may be specified in the rule, shall be made

after consultation with the Maharashtra Public Service Commission.

(3) Subject to the provisions of any law made by the State Legislature,

the conditions of service of officers and staff of the Lokayukta shall be such

as may be prescribed by the Lokayukta for the purpose.

(4) Notwithstanding anything contained in this section, every person

who on the date of commencement of this Act is serving as an officer or

staff for assisting the Lokayukta and Upa-Lokayuktas, shall, on and from

such commencement, be the officer and staff for assisting the Lokayukta

under this Act and they shall continue to hold the office on the same terms

and conditions on which they were appointed prior to the commencement

to this Act.

11.

The administrative expenses of the Lokayukta, including all

salaries, allowances and pensions payable to or in respect of the

Chairperson, Members or Secretary or other officers or staff of the

Lokayukta, shall be charged upon the Consolidated Fund of State and any

fees or other moneys received by the Lokayukta shall form part of the

Consolidated Fund of the State.

Member to act

as Chairperson

or to discharge

his functions

in certain

circumstances.

Secretary,

other officers

and staff of

Lokayukta.

Expenses of

Lokayukta to

be charged on

Consolidated

Fund of State.

¦ÉÉMÉ +É`ö-101-----2.

BSɤÉÒ--1458-2.

10

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CHAPTER IV

JURISDICTION OF LOKAYUKTA.

12.

(1) Subject to the other provisions of this Act, the Lokayukta shall

inquire or cause an inquiry to be conducted into any matter involved in, or

arising from, or connected with, any allegation of corruption under the

Prevention of Corruption Act, 1988, made in a complaint in respect of the

following, namely :—

(a) any person who is or has been a Chief Minister :

Provided that, before initiating any inquiry against Chief

Minister the prior approval of the Maharashtra Legislative

Assembly shall be obtained. The motion thereof shall be placed before

the next immediate Session of the Maharashtra Legislative Assembly :

Provided further that, such motion shall be passed by not less

than two-third of the total Members of the Maharashtra Legislative

Assembly :

Provided also that, the Lokayukta shall not inquire into any

matter involved in, or arising from, or connected with, any such

allegation of corruption against the Chief Minister, in so far as it

relates to internal security or public order in the State :

Provided also that, any such inquiry shall be held in camera

and if the Lokayukta comes to the conclusion that the complaint

deserves to be dismissed, the records of the inquiry shall not be

published or made available to anyone ;

(b) any other person who is or has been a Minister ;

(c) any person who is or has been a Member of the State

Legislature ;

(d) any Member or Councillor of the Municipal Corporation,

Municipal Council, Nagar Panchayat, Industrial Township, Zilla

Parishad, Panchayat Samiti, or Village Panchayat including Mayor,

Deputy Mayor, President, Vice-President, Chairman, Deputy Chairman,

Sarpanch and Upa-Sarpanch and Chairman of any Committee of said

local authorities ;

(e) All India Services Officers (including Indian Administrative

Services, Indian Police Services, Indian Forest Services, etc.), in

connection with the affairs of the State Government ;

(f) all officers and employees of the State Government and the

public servants defined in sub-clauses (i) and (ii) of clause (c) of section

2 of the Prevention of Corruption Act, 1988, when serving or who have

served, in connection with the affairs of the State excluding a person

who is or has been working on Group ‘D’ post ;

Jurisdiction of

Lokayukta.

49 of

1988.

49 of

1988.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

11

(g) all officers and employees, of any body or board or corporation

or authority or company or society or trust or autonomous body (by

whatever name called), established by an Act of the Parliament or of

the State Legislature or wholly or partly financed by the State

Government or controlled by it, equivalent to the officers and employees

specified in clause (f) ;

(h) any person who is or has been a director, manager, secretary

or other officer of every other society or association of persons or trust

(whether registered under any law for the time being in force or not),

by whatever name called, wholly or partly financed or aided by the State

Government or any local authority or Government company,

corporation, association or trust.

Explanation.—For the purposes of clauses (g) and (h), it is hereby

clarified that,—

(i) any entity or institution, by whatever name called, corporation,

society, trust, association of persons, partnership, sole proprietorship,

limited liability partnership (whether registered under any law for the

time being in force or not), shall be the entities covered in those clauses ;

(ii) a society, association of persons or trust shall be deemed to be

wholly or partly aided by the State Government or local authority, if

such entity has received any assistance from the State Government or

local authority, in the form of land, grant-in-aid, loan, share capital,

Government guarantee or any of them :

Provided that, any person referred to in this clause shall be deemed

to be a public servant under clause (c) of section 2 of the Prevention of

Corruption Act, 1988 and the provisions of that Act shall apply

accordingly.

(2) The Lokayukta may inquire into any act or conduct of any person

other than those referred to in sub-section (1), if such person is involved in

the act of abetting, bribe giving or bribe taking or conspiracy relating to any

allegation of corruption under the Prevention of Corruption Act, 1988 against

a person referred to in sub-section (1).

13.

(1) Notwithstanding anything contained in any Act, in the following

cases, the Lokayukta shall not make an inquiry or investigation on complaint

under this Act,—

(i) where same or similar issues of complaint are pending before

any court ;

(ii) any matter involved in, or arising from, or connected with, any

such allegation of corruption against any Member of the State

Legislature in respect of anything said or a vote given by him in the

State Legislature or any committee thereof covered under the

49 of

1988.

49 of

1988.

Bar of inquiry or

investigation.

12

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provisions contained in clause (2) of article 194 of the Constitution of

India ;

(iii) in respect of a matter which has been referred to for inquiry

under the Commissions of Inquiry Act, 1952 :

Provided that, the Lokayukta may investigate the matters if the

State Government has not taken any action against corruption as held

by the inquiry Commission within a period of two years from the date

of submission of the report to the State Government ;

(iv) in the case of a complaint involving a grievance in respect of

any action,—

(a) if such action relates to any matter specified in the Second

Schedule; or

(b) if the complainant has or had any remedy by way of

proceedings before any tribunal or court :

Provided that, the Lokayukta may conduct an investigation

notwithstanding that the complainant had or has such a remedy if the

Lokayukta is satisfied that such person could not or cannot, for

sufficient cause, have recourse to such remedy ;

(v) 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 :

Provided that, the Lokayukta may entertain a complaint if the

complainant satisfies him that he had sufficient cause for not making

the complaint within the period specified in that clause ;

(vi) any complaint involving an allegation, if the complaint is made

after the expiry of three years from the date on which the action

complained against is alleged to have taken place.

(2) Notwithstanding anything contained in any Act, any court or any

State Agency shall not make an inquiry or investigation under any Act on

complaint of corruption, where the complaint is made by any person on same

or similar issues to Lokayukta and an inquiry or investigation is being

conducted on such complaint, by any State Agency or an inquiry or

investigation has been completed by such Agency, on the directions of the

Lokayukta :

Provided that, in cases where charge-sheet has been filed in court under

this Act, on the directions of the Lokayukta, the court can make an inquiry

or investigation, if necessary, in such cases.

(3) The matters of which a complaint has been made to the Lokayukta

under this Act shall not be referred to for inquiry under the Commissions

of Inquiry Act, 1952.

60 of 1952.

60 of

1952.

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13

Explanation.—For the removal of doubts, it is hereby declared that

a complaint under this Act shall only relate to a period during which

the public servant was holding office or post in public service or serving

in that capacity.

14.

(1) Subject to the provisions of this Act, a complaint may be made

under this Act to the Lokayukta,—

(a) in the case of corruption, by any person ;

(b) in the case of a grievance, by the person aggrieved ;

(c) in the case of an allegation, by any person other than a 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) Every complaint shall be made in such form and shall be

accompanied by such affidavits as may be prescribed.

(3) Notwithstanding anything contained in any Act, any letter written

to the 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 person in charge

of such gaol, asylum or other place and the Lokayukta, may, if satisfied that

it is necessary so to do, treat such letter as a complaint made in accordance

with the provisions of sub-section (2).

(4) In the case of any complaint involving a grievance, nothing in this

Act shall be construed as empowering the 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 can prima facie be regarded

as having been improperly exercised.

15.

(1) The Governor may, by notification published in the Official

Gazette, on the recommendation of the State Government and after

consultation with the Lokayukta, confer on the Lokayukta such additional

functions in relation to the redress of grievances and eradication of

corruption as may be specified in the notification.

(2) The Governor may, by order in writing and on recommendation of

the State Government, confer on the Lokayukta such powers of a supervisory

nature over agencies, authorities or officers set up, constituted or appointed

by the State Government for the redress of grievances and eradication of

corruption.

Procedure of

making

complaint

under Act.

Conferment of

additional

functions on

Lokayukta.

14

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

(3) When any additional functions are conferred on the Lokayukta under

sub-section (1), the Lokayukta shall exercise the same powers and discharge

the same functions as he would in the case of any inquiry or investigation

made on a complaint involving a grievance or an allegation, as the case may

be, and the provisions of this Act shall apply accordingly.

16.

In case any matter or proceeding related to allegation of corruption

under the Prevention of Corruption Act, 1988 has been pending before any

court or committee of the State Legislature or before any other statutory

authority prior to commencement of this Act or prior to commencement of

any inquiry after the commencement of this Act, such matter or proceeding

shall be continued before such court, committee or statutory authority and

the Lokayukta shall not deal with such cases.

17.

(1) Subject to the provisions of this Act,—

(a) the jurisdiction of the Lokayukta may be exercised by benches

thereof ;

(b) a bench may be constituted by the Chairperson with two or more

Members as the Chairperson may deem fit ;

(c) every bench shall ordinarily consist of at least one Judicial

Member ;

(d) where a bench consists of the Chairperson, such bench shall be

presided over by the Chairperson ;

(e) where a bench consists of a Judicial Member and a non-Judicial

Members not being the Chairperson, such bench shall be presided over

by the Judicial Member ;

(f) the benches of the Lokayukta shall ordinarily sit at Mumbai and

at such other places as the State Government shall specify.

(2) The Lokayukta shall notify the areas in relation to which each bench

of the Lokayukta may exercise jurisdiction.

(3) Notwithstanding anything contained in sub-section (2), the

Chairperson shall have the power to constitute or re-constitute benches,

from time to time.

(4) If at any stage of the hearing of any case or matter, it appears to

the Chairperson or a Member that the case or matter is of such nature that

it ought to be heard by a bench consisting of two or more Members, the case

or matter may be transferred by the Chairperson or, as the case may be,

referred to him for transfer, to such bench as the Chairperson may deem fit.

18.

Where benches are constituted, the Chairperson may, from time

to time, by notification, make provisions as to the distribution of the business

of the Lokayukta amongst the benches and also provide for the matters

which may be dealt with by each bench.

49 of

1988.

Matters pending

before any court

or committee or

statutory

authority for

inquiry not to be

affected.

Constitution of

benches of

Lokayukta.

Distribution of

business

amongst

benches.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

15

19.

On an application for transfer made by the complainant or the

public servant, the Chairperson, after giving an opportunity of being heard

to the complainant or the public servant, as the case may be, may transfer

any case pending before one bench for disposal to any other bench.

20.

If the Members of a bench consisting of an even number of Members

differ in opinion on any point, they shall state the point or points on which

they differ, and make a reference to the Chairperson who shall either hear

the point or points himself or refer the case for hearing on such point or

points by one or more of the other Members of the Lokayukta and such point

or points shall be decided according to the opinion of the majority of the

Members of the Lokayukta who have heard the case, including those who

first heard it.

CHAPTER V

PRELIMINARY INQUIRY AND INVESTIGATION BY LOKAYUKTA.

21.

(1) The Lokayukta shall, on receipt of a complaint under the

Prevention of Corruption Act, 1988, as defined under clause (g) of section

2, first decide whether to proceed in the matter or close the same and if

the Lokayukta decides to proceed further, it shall, to ascertain whether

there exists a prima facie case for proceeding in the matter, order

preliminary inquiry against any public servant, in the manner as provided

in sub-section (3).

(2) The Lokayukta may, in his discretion, refuse to make an inquiry of

any complaint specified in sub-section (1), if in his opinion,—

(a) the complaint is frivolous or vexatious or is not made in good

faith;

(b) there are no sufficient grounds for inquiry or 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.

(3) Before initiating any preliminary inquiry under sub-section (1) in

respect of public servants referred to,—

(a) in clause (a) of sub-section (1) of section 12, the Lokayukta shall

obtain the prior approval of the Maharashtra Legislative Assembly;

(b) in clause (b) of sub-section (1) of section 12, the Lokayukta shall

obtain the prior approval of the Governor and the views of such Group

of Ministers as may be appointed by the Governor. The Group of

Ministers shall submit its views within a period of three month. Such

period may be extended by the Lokayukta for the reasons to be recorded

in writing, by one month; however, the total period shall not be more

than four months in aggregate.

Power of

Chairperson to

transfer cases.

Decision to be

by majority.

Provisions

relating to

complaints

under

Prevention of

Corruption

Act, 1988.

49 of

1988.

16

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

Explanation.—For the purposes of this clause, the Group of

Ministers shall be assisted by the Chief Secretary or the Additional

Chief Secretary nominated by the Chief Secretary, who shall act as the

Secretary of such Group of Ministers;

(c) in clause (c) of sub-section (1) of section 12, the Lokayukta shall

obtain the prior approval of the Chairman of the Maharashtra

Legislative Council, in case of Member of Maharashra Legislative

Council and Speaker of the Maharashtra Legislative Assembly, in case

of Member of Maharashra Legislative Assembly, and the views of the

Committee (if any) appointed by the Chairman or Speaker, as the case

may be. Such approval shall be conveyed within a period of three

months. Such period may be extended by the Lokayukta for the reasons

to be recorded in writing, by one month; however, the total period shall

not be more than four months in aggregate;

(d) in clause (d) of sub-section (1) of section 12, the Lokayukta shall

obtain prior approval of the concerned Minister and the views of the

Secretary of the concerned Mantralaya department, who shall submit

its views within a period of three months. Such period may be extended

by the Lokayukta for the reasons to be recorded in writing, by one

month; however, the total period shall not be more than four months

in aggregate;

(e) in case of clause (e) of sub-section (1) of section 12, prior

approval of the Chief Minister and the views of the Chief Secretary or

the Committee appointed by the Chief Secretary, who shall submit its

views within a period of three months. Such period may be extended

by the Lokayukta for the reasons to be recorded in writing, by one

month; however, the total period shall not be more than four months

in aggregate;

(f) in clauses (f), (g) and (h) of sub-section (1) of section 12, the

Lokayukta shall obtain the prior approval of the competent authority

and the views of the Secretary of the concerned department, as he

deems fit, who shall submit its views through the Chief Secretary or

the Additional Chief Secretary nominated by the Chief Secretary, within

a period of three months. Such period may be extended by the Lokayukta

for the reasons to be recorded in writing, by one month; however, the

total period shall not be more than four months in aggregate.

(4) The competent authority shall convey its approval within the period

specified in sub-section (3):

Provided that, if the competent authority fails to convey its

approval within the specified time, the Lokayukta may take action as

he deems fit:

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

17

Provided further that, the provisions of this sub-section shall not be

applicable in case of complaint against the Chief Minster.

22.

(1) The views received under section 21 of the Act,—

(a) relating to the Chief Minister and any Minister shall be

considered by full bench of Lokayukta; and

(b) relating to other public servants shall be considered by not less

than two members of Lokayukta.

(2) If there is no prima facie case according to the views received under

sub-section (1), the bench may, after recording the reasons therefor, close

the matter and communicate the same to the complainant and the public

servant concerned; or if there exists a prima facie case to proceed in the

matter, the bench may make recommendations to proceed with one or more

of the following actions, namely:—

(a) in case of closure of the proceedings, may take action to proceed

against the complainant under section 51; or

(b) may direct for preliminary inquiry under the provisions of this

Act:

Provided that, no action under this section shall be taken in case of a

person serving in connection with the affairs of the Central Government,

without the consent of the Central Government.

23.

(1) Every preliminary inquiry referred to in clause (b) of

sub-section (2) of section 22 shall ordinarily be completed within a period

of ninety days from the date of order of preliminary inquiry and for reasons

to be recorded in writing, within a further period of ninety days. The

preliminary inquiry report shall be submitted to the Lokayukta.

(2) Notwithstanding anything contained in any law for the time being

in force, the Lokayukta shall take the assistance of the concerned Secretary

to the State Government for the purpose of conducting preliminary inquiry.

(3) For the purposes of assisting the Lokayukta in conducting

preliminary inquiry under this Act, as provided in clause (b) of sub-section

(2) of section 22, the concerned Secretary to the State Government shall have

the same powers as are conferred upon the Lokayukta under section 35.

(4) A preliminary report received under sub-section (1) shall be

considered by the benches specified in section 22.

(5) If there is no prima facie case according to the report received under

sub-section (1), after recording the reasons therefor, close the matter and

communicate the same to the complainant and the public servant concerned;

or if there exists a prima facie case to proceed in the matter or investigation,

Consideration

of views.

Preliminary

inquiry.

¦ÉÉMÉ +É`ö-101-----3.

BSɤÉÒ--1458-3.

18

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

the bench shall make recommendations to proceed with one or more of the

following actions, namely:—

(a) may direct for investigation by any State Agency of the State

Government; or

(b) in case of closure of the proceedings, the bench may take action

to proceed against the complainant under section 51.

(6) Before ordering preliminary inquiry under clause (b) of sub-section

(2) of section 22 or an investigation under clause (a) of sub-section (5) of this

section, the Lokayukta shall call for the explanation of the public servant:

Provided that, the seeking of an explanation from the public servant

before an inquiry or an investigation shall not interfere with the search

and seizure, if any, required to be undertaken by any State Agency under

this Act.

24.

(1) In case the Lokayukta decides to proceed to investigate into

the complaint, it shall direct any State Agency to carry out the investigation

as expeditiously as possible and complete the investigation within a period

of six months from the date of its order:

Provided that, the Lokayukta may extend the said period not exceeding

six months at a time, however the total period shall not be more than twenty-

four months in aggregate, for the reasons to be recorded in writing.

(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 investigation shall not be disclosed to the public or the press whether

before or during the investigation.

(3) Notwithstanding anything contained in section 173 of the Code of

Criminal Procedure, 1973, the State Agency shall, in respect of cases referred

to it by the Lokayukta, submit the investigation report to the Lokayukta.

(4) The report under sub-section (3) shall be deemed to be a report filed

on completion of investigation, referred to in section 173 of the Code of

Criminal Procedure, 1973.

(5) The benches specified in sub-section (1) of section 22 shall consider

every report received by it under sub-section (1) from any State Agency and

may, decide as to-

(a) file charge-sheet or closure report, before the Special Court

against the public servant subject to the provisions of section 30;

(b) to recommend to the concerned competent authority to initiate

the departmental proceedings or any other appropriate action against

the concerned public servant.

Investigation.

2 of

1974.

2 of

1974.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

19

(6) The Lokayukta may, after taking a decision under sub-section (5)

on filing of the charge-sheet, direct,-

(a) the concerned investigating authority to file charge-sheet in a

Special Court in respect of cases investigated by any State Agency; and

(b) the concerned to forward a copy of charge-sheet so filed, to the

Lokayukta for the purposes of superintendence.

(7) The Lokayukta may, during the preliminary inquiry or the

investigation, as the case may be, pass appropriate orders for the safe

custody of the documents relevant to the preliminary inquiry or, as the case

may be, investigation, as it deems fit.

(8) The website of the Lokayukta shall, from time to time, and in such

manner as may be specified by regulations, display to the public the status

of number of complaints pending before it or disposed of by it.

(9) The Lokayukta may retain the original records and evidences, which

are likely to be required in the process of preliminary inquiry or investigation

or conduct of a case by it or by the Special Court.

(10) Save as otherwise provided, the manner and procedure of

conducting a preliminary inquiry or investigation (including such material

and documents to be made available to the public servant) under this Act,

shall be such as may be specified by regulations.

25.

If, at any stage of the proceeding, the Lokayukta,—

(a) considers it necessary to inquire into the conduct of any person

other than the accused; or

(b) is of the opinion that, the reputation of any person other than

an accused is likely to be prejudicially affected by the preliminary

inquiry or investigation,

the Lokayukta shall give to that person a reasonable opportunity

of being heard in the preliminary inquiry or investigation and to

produce evidence in his defence, consistent with the principles of

natural justice.

26.

Subject to the provisions of this Act, for the purposes of any

preliminary inquiry or investigation, the Lokayukta or the investigating

authority, as the case may be, may require any public servant or any other

person who, in its opinion, is able to furnish information or produce

documents relevant to such preliminary inquiry or investigation, to furnish

any such information or produce any such document.

27.

(1) Any information, obtained by the Lokayukta or members of their

staff in the course of, or for the purposes of any inquiry or investigation under

this Act, and any evidence recorded or collected in connection with such

information, shall, subject to the provisions of sub-section (2) of section 24,

Persons likely to

be prejudicially

affected to be

heard.

Lokayukta may

require any

public servant or

any other person

to furnish

information, etc.

Secrecy of

information.

20

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

be treated as confidential and notwithstanding anything contained in the

Indian Evidence Act, 1872, no court shall be entitled to compel the

Lokayukta or any public servant to give evidence relating to such

information or produce the evidence so recorded or collected.

(2) Nothing in sub-section (1) shall apply to the disclosure of any

information or particulars,—

(a) for purposes of the investigation or in any report to be made

thereon or for any action or proceedings to be taken on such report; or

(b) for purposes of any proceedings for an offence under the Official

Secrets Act, 1923, or an offence of giving or fabricating false evidence

under the Indian Penal Code or for purposes of any proceedings under

section 51 of this Act; or

(c) for such other purposes as may be prescribed.

28.

Notwithstanding anything contained in the Prevention of

Corruption Act, 1988 or any other law for the time being in force, but subject

to the provisions of this Act, where the approval of the competent authority

of the public servant is obtained, no approval of any other authrity shall be

required by the Lokayukta for the purpose of,—

(a) making inquiry or for conducting investigation by any State

Agency in respect of the cases investigated by such Agency on the

direction of the Lokayukta, against such public servant; or

(b) for granting sanction for prosecution or for filling charge sheet

in the Special Court, against such public servant.

29.

Notwithstanding anything contained in any Act, in same or similar

issues of complaint against any person,—

(a) where sanctioning authority has either accorded sanction for

prosecution or refused such sanction under any Act then, the Lokayukta

under this Act shall be barred from taking a decision in this regard; or

(b) where the competent authority or the Lokayukta has either

accorded sanction for prosecution or refused such sanction under this

Act then, any other authority under any Act shall be barred from taking

a decision in this regard.

30.

(1) Where, after the conclusion of the investigation, the findings

of the Lokayukta disclose the commission of an offence under the Prevention

of Corruption Act, 1988 by a public servant referred to in sub-section (1) of

section 12, the Lokayukta may, after obtaining sanction for prosecution of

the competent authority, instruct the concerned investigating authority to

file a case in the Special Court and shall send a copy of the report together

with its findings to the competent authority :

Provided that, the competent authority shall convey its decision under

this sub-section within a period of three months to the Lokayukta, which

may, for reasons to be recorded in writing by such authority, be extended

by a period of one month :

1 of

1872.

19 of 1923.

49 of 1988.

Where previous

approval is

obtained, no

other approval

necessary.

Bar of sanction

for prosecution.

Action on

inquiry against

public servant.

49 of 1988.

45 of 1860.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

21

Provided further that, if the competent authority fails to convey its decision

within the said time limit, the Lokayukta may take action as he deems fit:

Provided also that, the provisions of first and second provisos shall

not be applicable in case of complaint against Chief Minster.

(2) A Special Court may, notwithstanding anything contained in section

197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention

of Corruption Act, 1988, on filing of a charge sheet on completion of

investigation, by the Lokayukta or any officer authorized by it in this behalf,

take cognizance of offence committed by any public servant.

(3) Nothing contained in sub-sections (1) and (2) shall apply in respect

of the persons holding the office in pursuance of the provisions of the

Constitution of India and in respect of which a procedure for removal of

such person has been specified therein.

(4) The provisions contained in sub-sections (1), (2) and (3) shall be

without prejudice to the generality of the provisions contained in article

311 and sub-clause (c) of clause (3) of article 320 of the Constitution of India.

CHAPTER VI

COMPLAINTS OF GRIEVANCE.

31.

(1) The Lokayukta shall, on receipt of a complaint against any

public servant regarding grievance, first decide whether to proceed in the

matter or close the same.

(2) The Lokayukta may, in his discretion, refuse to make an inquiry into

any complaint specified in sub-section (1) on the grounds specified in sub-

section (2) of section 21.

(3) If the Lokayukta decides to proceed further, it shall, ascertain

whether there exists a prima facie case for proceeding in the matter. The

Lokayukta shall forward the complaint to the concerned public servant for

his say; and to the Secretary of the department or the head of the office or

competent authority, as the case may be, of the public servant, to call for

report on complaint.

(4) The public servant shall send his say and the Secretary of the

department or the head of the office or competent authority shall send his

report, within ninety days to the Lokayukta from the date of receipt of the

reference.

(5) Upon receipt of the say of the public servant and the report of the

Secretary of the department or the head of the office or competent authority,

as the case may be, if there is no prima facie case according to the report

received under sub-section (4), the Lokayukta may, after recording the

reasons therefor, close the matter and communicate the same to the

2 of 1974.

49 of 1988.

Complaints of

grievance.

22

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

complainant and to the public servant concerned; or if there exists a prima

facie case to proceed in the matter, the Lokayukta may make

recommendations to proceed with one or more of the following actions,

namely :—

(a) to recommend to initiate departmental inquiry or any other

appropriate action against the concerned public servant by the

concerned authority as per the relevant service rules applicable to

public servant; or

(b) to decide to make further inquiry under the provisions of this

Act.

32.

(1) If, after inquiry of any action in respect of which a complaint

involving a grievance has been or can be or could have been made, the

Lokayukta is satisfied that such action has resulted in injustice or undue

hardship to the complainant or any other person, the Lokayukta shall, by a

report in writing, recommend to the public servant and the 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 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 Lokayukta, the action taken for compliance

with the report.

(3) If the Lokayukta is satisfied with the action taken or proposed to

be taken on his recommendations or findings referred to in sub-sections (1)

and (2), he shall close the case under information to the complainant, the

public servant and the 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.

(4) The Lokayukta may, if necessary, give personal hearing to the

concerned parties.

CHAPTER VII

POWERS OF LOKAYUKTA.

33.

The Lokayukta shall, notwithstanding anything contained in any

other law for the time being in force, have the powers of superintendence

and to give directions to the State Agency in respect of the matter in so far

as they relates to the investigation by such Agency under this Act.

34.

(1) If the Lokayukta has reason to believe that any document

which, in its opinion, shall be useful for, or relevant to, any preliminary

inquiry or investigation under this Act, are secreted in any place, it may

authorize State Agency to whom the preliminary inquiry or investigation

has been given to search for and to seize such documents.

Report of

Lokayukta.

Supervisory

powers of

Lokayukta.

Search and

seizure.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

23

(2) If the Lokayukta is satisfied that any document seized under sub-

section (1) may be used as evidence for the purpose of any preliminary

inquiry or investigation under this Act and that it shall be necessary to retain

the document in its custody or in the custody of such officer as may be

authorized, it may so retain or direct such authorized officer to retain such

document till the completion of such preliminary inquiry or investigation :

Provided that, where any document is required to be returned, the

Lokayukta or the authorized officer may return the same after retaining

copies of such document duly authenticated.

35.

(1) Subject to the provisions of this section, the Lokayukta for the

purpose of conducting any inquiry or investigation under this Act shall have

all the powers of a civil court, under the Code of Civil Procedure, 1908, while

trying a suit in respect of the following matters, namely :—

(i) summoning and enforcing the attendance of any person and

examining him on oath;

(ii) requiring the discovery and production of any document;

(iii) receiving evidence on affidavits;

(iv) requisitioning any public record or copy thereof from any court

or office;

(v) issuing commissions for the examination of witnesses or

documents:

Provided that, such commission, in case of a witness, shall be issued

only where the witness, in the opinion of the Lokayukta, is not in a

position to attend the proceeding before the Lokayukta; and

(vi) such other matters as may be prescribed.

(2) Any proceeding before the Lokayukta shall be deemed to be a judicial

proceeding within the meaning of section 193 of the Indian Penal Code.

36.

(1) The Lokayukta may, for the purpose of conducting any

preliminary inquiry or investigation, utilize the services of any officer or

organization or State Agency of the State Government.

(2) For the purpose of preliminary inquiry or investigating into any

matter pertaining to such inquiry or investigation, any officer or organization

or State Agency whose services are utilized under sub-section (1) may,

subject to the direction and control of the Lokayukta,—

(a) summon and enforce the attendance of any person and examine

him;

(b) require the discovery and production of any document; and

(c) requisition any public record or copy thereof from any office.

Lokayukta to

have powers of

civil court in

certain cases.

5 of 1908.

45 of 1860.

Powers of

Lokayukta to

utilise services of

officers of State

Government.

24

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

(3) The officer or organization or State Agency whose services are

utilized under sub-section (2) shall inquire into or, as the case may be,

investigate any matter pertaining to the preliminary inquiry or investigation

and submit a report thereon to the Lokayukta within such period as may

be specified by it in this behalf.

37.

(1) Where the Lokayukta has reason to believe and the reason for

such belief is to be recorded in writing, on the basis of material in his

possession, that,—

(a) any person is in possession of any proceeds of corruption;

(b) such person is accused of having committed an offence relating

to corruption; and

(c) such proceeds of offence are likely to be concealed, transferred

or dealt with in any manner which may result in frustrating any

proceedings relating to confiscation of such proceeds of offence,

the Lokayukta may direct to file an application, stating the facts for

prohibiting the alienation of assets, before the Special Court and make a

prayer for prohibiting the alienation of such assets till completion of the

proceedings against the public servant in the Special Court.

(2) The Special Court may, if it is of the opinion that the property

mentioned in the application had been acquired through corrupt means,

make an order prohibiting the alienation of such property till the completion

of the proceedings against the public servant in the Special Court.

(3) If the public servant is subsequently acquitted of the charges framed

against him, the Special Court shall rescind the order prohibiting the

alienation of the property.

(4) If the public servant is subsequently convicted of the charges of

corruption, the proceeds relatable to the offence under the Prevention of

Corruption Act, 1988 shall be confiscated and vest in the State Government.

38.

(1) Without prejudice to the provisions of section 37 where the

Special Court, on the basis of prima facie evidence, has reason to believe or

is satisfied that the assets, proceeds, receipts and benefits, by whatever

name called, have arisen or procured by means of corruption by the public

servant, it may authorize the confiscation of such assets, proceeds, receipts

and benefits till his acquittal.

(2) Where an order of confiscation made under sub-section (1) is

modified or annulled by the High Court or where the public servant is

acquitted by the Special Court, the assets, proceeds, receipts and benefits,

confiscated under sub-section (1) shall be returned to such public servant,

Procedure for

prohibition for

alienation of

assets.

49 of 1988.

Confiscation of

assets, proceeds,

receipts and

benefits arisen or

procured by

means of

corruption in

special

circumstances.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

25

and in case it is not possible for any reason to return the assets, proceeds,

receipts and benefits, such public servant shall be paid the price thereof

including the money so confiscated with the interest at such rate as may be

decided by the Special Court calculated, from the date of confiscation.

39.

(1) Where the Lokayukta, while making a preliminary inquiry into

allegations of corruption, is prima facie satisfied, on the basis of evidence

available, that-

(a) the continuance of the public servant referred to in clause (e)

or (f) or (g) of sub-section (1) of section 12 in his post while conducting

the preliminary inquiry is likely to affect such preliminary inquiry

adversely; or

(b) the public servant referred to in clause (a) is likely to destroy

or in any way tamper with the evidence or influence witnesses,

then, the Lokayukta may recommend to the State Government for

transfer or suspension of such public servant from the post held by him till

such period as may be specified in the order.

(2) The State Government shall ordinarily accept the recommendation

of the Lokayukta made under sub-section (1), except for the reasons to be

recorded in writing, in a case where it is not feasible for administrative

reasons.

40.

The Lokayukta may, in discharge of its functions under this Act,

issue appropriate directions to a public servant entrusted with the

preparation or custody of any document or record so as,—

(a) to protect such document or record from destruction or damage;

or

(b) to prevent the public servant from altering or secreting such

document or record; or

(c) to prevent the public servant from transferring or alienating

any assets allegedly acquired by him through corrupt means.

41.

The Lokayukta may, by general or special order in writing and

subject to such conditions and limitations as may be specified therein, direct

that any administrative or financial powers conferred on it may also be

exercised or discharged by such of its Members or officers or employees as

may be specified in the order.

42.

The Lokayukta may, suo moto or on an application made by the

aggrieved party, review any order passed by it under this Act, so as to

correct the patent error of law or fact, or gross error occurred in the order,

or discovery of new evidence which has resulted in failure of justice:

Powers of

Lokayukta to

recommend

transfer or

suspension of

public servant

connected with

allegation of

corruption.

Powers of

Lokayukta to

give directions

to prevent

destruction of

records during

preliminary

inquiry.

Power to

delegate.

Power to

review.

¦ÉÉMÉ +É`ö-101-----4.

BSɤÉÒ--1458-4.

26

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

Provided that, such power shall be exercised within ninety days from

the date of such order or receipt of such application and subject to the

condition that no appeal or other remedy has been preferred against such

order:

Provided further that, no such order shall be passed without giving an

opportunity of being heard to the concerned person.

CHAPTER VIII

SPECIAL COURTS.

43.

The Special Courts shall ensure completion of each trial within a

period of one year from the date of filing of the case in the court:

Provided that, in case the trial cannot be completed within a period of

one year, the Special Court shall record reasons therefor and complete the

trial within a further period of not more than three months or such further

periods not exceeding three months each, for reasons to be recorded in

writing before the end of each such three months period, but not exceeding

a total period of two years.

44.

If any public servant is convicted of an offence under the

Prevention of Corruption Act, 1988 by the Special Court, notwithstanding

and without prejudice to any law for the time being in force, it may make

an assessment of loss, if any, caused to the public exchequer on account of

the actions or decisions of such public servant not taken in good faith and

for which he stands convicted, and may order recovery of such loss, if

possible or quantifiable, from such public servant so convicted:

Provided that, if the Special Court, for reasons to be recorded in writing,

comes to the conclusion that the loss caused was pursuant to a conspiracy

with the beneficiary or beneficiaries of actions or decisions of the public

servant so convicted, then such loss may, if assessed and quantifiable under

this section, also be recovered from such beneficiary or beneficiaries

proportionately.

CHAPTER IX

REMOVAL OF CHAIRPERSON AND MEMBERS.

45.

(1) The Lokayukta shall not inquire into any complaint made

against the Chairperson or any Member.

(2) Subject to the provisions of sub-section (4), the Chairperson or any

Member shall be removed from his office by order of the Governor on

grounds of misbehaviour after the High Court, on a reference being made

to it, by the Governor on a petition being signed by at least seventy-five

members of the Maharashtra State Legislature has, on an inquiry held in

accordance with the procedure prescribed in that behalf, reported that the

Special Courts.

Assessment of

loss and

recovery

thereof by

Special Court.

49 of 1988.

Removal and

suspension of

Chairperson

and Members.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

27

Chairperson or such Member, as the case may be, ought to be removed on

such ground.

(3) The Governor may suspend from office the Chairperson or any

Member in respect of whom a reference has been made to the High Court

under sub-section (2), on receipt of the recommendation or interim order

made by the High Court in this regard until the Governor has passed orders

on receipt of the final report of the High Court on such reference.

(4) Notwithstanding anything contained in sub-section (2), the Governor

may, by order, remove from the office, the Chairperson or any Member if

the Chairperson or such Member, as the case may be,—

(a) is adjudged an insolvent; or

(b) if in the opinion of the Governor, is guilty of an offence involving

moral turpitude;

(c) engages, during his term of office, in any paid employment

outside the duties of his office; or

(d) is, in the opinion of the Governor, unfit to continue in office by

reason of infirmity of mind or body.

(5) If the Chairperson or any Member is, or becomes, in any way

concerned or interested in any contract or agreement made by or on behalf

of the State Government or participates in any way in the profit thereof or

in any benefit or emolument arising therefrom otherwise than as a member

and in common with the other members of an incorporated company, he

shall, for the purposes of sub-section (2), be deemed to be guilty of

misbehavior.

46.

(1) Every complaint of allegation or wrong doing made against any

officer or employee or State Agency under or associated with the Lokayukta

for an offence punishable under the Prevention of Corruption Act, 1988 shall

be dealt with in accordance with the provisions of this section.

(2) The Lokayukta shall complete the inquiry into the complaint or

allegation made within a period of thirty days from the date of its receipt.

(3) While making an inquiry into the complaint against any officer or

employee of the Lokayukta or State Agency engaged or associated with the

Lokayukta, if it is prima facie satisfied on the basis of evidence available,

that,—

(a) continuance of such officer or employee of the Lokayukta or

State Agency engaged or associated in his post while conducting the

inquiry is likely to affect such inquiry adversely; or

(b) an officer or employee of the Lokayukta or State Agency

engaged or associated with Lokayukta is likely to destroy or in any way

tamper with the evidence or influence witnesses,

Complaints

against officials

of Lokayukta.

49 of 1988.

28

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

then, the Lokayukta may, by order, suspend such officer or employee

of the Lokayukta or divest such State Agency engaged or associated

with the Lokayukta of all powers and responsibilities hereto before

exercised by it.

(4) On the completion of the inquiry, if the Lokayukta is satisfied that

there is prima facie evidence of the commission of an offence under the

Prevention of Corruption Act, 1988 or of any wrong doing, it shall, within a

period of fifteen days of the completion of such inquiry, order to prosecute

such officer or employee of the Lokayukta or such officer or employee of

State Agency engaged or associated with the Lokayukta and initiate

disciplinary proceedings against the official concerned:

Provided that, no such order shall be passed without giving such officer

or employee of the Lokayukta, or such officer or employee of State Agency

engaged or associated with the Lokayukta, a reasonable opportunity of being

heard.

CHAPTER X

FINANCE, ACCOUNTS AND BUDGET.

47.

The Lokayukta shall prepare, in such form and at such time, in

each financial year as may be prescribed, its budget for the next financial

year, showing the estimated receipts and expenditure of the Lokayukta and

forward the same to the State Government for information and necessary

action.

48.

The State Government may, after due appropriation made by State

Legislature by law in this behalf, make to the Lokayukta grants of such sums

of money as are required to be paid for the salaries and allowances payable

to the Chairperson and Members and the administrative expenses, including

the salaries and allowances and pension payable to or in respect of officers

and other employees of the Lokayukta.

49.

(1) The Lokayukta shall maintain proper accounts and other

relevant records and prepare an annual statement of accounts in such form

as may be prescribed by the State Government in consultation with the

Accountant General of the State.

(2) The accounts of the Lokayukta shall be audited by the Accountant

General of the State at such intervals as may be specified by him.

(3) The Accountant General of the State or any person appointed by

him in connection with the audit of the accounts of the Lokayukta under

this Act shall have the same rights, privileges and authority in connection

with such audit, as the Accountant General of the State generally has, in

connection with the audit of the Government accounts and, in particular,

shall have the right to demand the production of books, accounts, connected

vouchers and other documents and papers and to inspect any of the offices

of the Lokayukta.

49 of 1988.

Budget.

Grants by

State

Government.

Annual

statement of

accounts.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

29

(4) The accounts of the Lokayukta, as certified by the Accountant

General of the State or any other person appointed by him in this behalf,

together with the audit report thereon, shall be forwarded annually to the

State Government and the State Government shall cause the same to be laid

before each House of the State Legislature.

CHAPTER XI

OFFENCES AND PENALTIES.

50.

(1) Whoever intentionally offers any insult, or causes any

interruption to the Chairperson or Member of the Lokayukta, while he is

conducting any inquiry or 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 Chairperson or Member of the 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 (5) of section 199 of the Code of

Criminal Procedure, 1973 shall apply in relation to an offence under sub-

section (1) or sub-section (2) as they apply in relation to an offence referred

to in sub-section (1) 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 of the Governor in the case of

an offence against the Chairperson or Member of Lokayukta.

51.

(1) Notwithstanding anything contained in this Act, whoever

makes any false, frivolous or vexatious complaint under this Act,—

(a) the Lokayukta may impose penalty upto two lakh rupees:

Provided that, before passing any order under this section the

Lokayukta shall give an opportunity of being heard to the

concerned person; or

(b) the Lokayukta may direct to prosecute the complainant and he

shall on conviction, be punished with imprisonment for a term which

may extend to one year and with fine which may extend to two lakh

rupees.

(2) No Court, except a Special Court, shall take cognizance of an offence

under clause (b) of sub-section (1).

(3) No Special Court shall take cognizance of an offence under clause

(b) of sub-section (1) except on a complaint made by a person against whom

the false, frivolous or vexatious complaint was made or by an officer

authorised by the Lokayukta.

Intentional

insult or

interruption to,

or bringing

into disrepute,

Lokayukta.

Prosecution for

false complaint

and payment of

compensation,

etc., to public

servant.

2 of 1974.

30

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

(4) The prosecution in relation to an offence under clause (b) of sub-

section (1) shall be conducted by the public prosecutor and all expenses

connected with such prosecution shall be borne by the State Government.

(5) In case of conviction of a person (being an individual or society or

association of persons or trust (whether registered or not)), for having made

a false complaint under this Act, such person shall be liable to pay

compensation to the public servant against whom he made the false

complaint in addition to the legal expenses for contesting the case by such

public servant, as the Special Court may determine.

(6) Nothing contained in this section shall apply in case of complaints

made in good faith.

Explanation.—For the purpose of this sub-section, the expression

“good faith” shall have the same meaning as assigned to it in section 52 of

the Indian Penal Code.

52.

(1) Where any offence under sub-section (1) of section 51 has been

committed by any society or association of persons or trust (whether

registered or not), every person who, at the time the offence was committed,

was directly in charge of, and was responsible to, the society or association

of persons or trust, for the conduct of the business or affairs or activities of

the society or association of persons or trust as well as such society or

association of persons or trust shall be deemed to be guilty of the offence

and shall be liable to be proceeded against and punished accordingly:

Provided that, nothing contained in this sub-section shall render any

such person liable to any punishment provided in this Act, if he proves that

the offence was committed without his knowledge or that he had exercised

all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an

offence under this Act has been committed by a society or association of

persons or trust (whether registered or not) and it is proved that the offence

has been committed with the consent or connivance of, or is attributable to

any neglect on the part of, any director, manager, secretary or other officer

of such society or association of persons or trust, such director, manager,

secretary or other officer shall also be deemed to be guilty of that offence

and shall be liable to be proceeded against and punished accordingly.

CHAPTER XII

MISCELLNEOUS.

53.

The Lokayukta shall furnish to the State Government, at such time

and in such form and manner as may be prescribed or as the State

Government may request, such returns and statements and such particulars

in regard to any matter under the jurisdiction of the Lokayukta, as the State

Government may, from time to time, require.

45 of 1860.

False complaint

made by society

or association of

persons or trust.

Furnishing of

returns, etc.,

to State

Government.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

31

54.

(1) The Lokayukta shall present annually a report including

matters relating to systemic and legal reform as may be necessary, on the

performance of their functions under this Act to the Governor.

(2) On receipt of the annual report under sub-section (1), the Governor

shall cause a copy thereof together with an explanatory memorandum to be

laid before each House of the State Legislature.

(3) Subject to the provisions of sub-section (2) of section 24, the

Lokayukta may at his discretion make available, from time to time, the

substance of cases closed or otherwise disposed of by him or its benches,

which may appear to him to be of public, academic or professional interest,

in such manner and to such persons as he may deem appropriate.

55.

No suit, prosecution, or other legal proceeding shall lie against

the Lokayukta or against any officer, employee, State Agency or person

referred to in section 10 in respect of anything which is in good faith done

or intended to be done under this Act or the rules or the regulations made

thereunder.

56.

The Chairperson, Members, officers and other employees of the

Lokayukta shall be deemed, when acting or purporting to act in pursuance

of any of the provisions of this Act, to be public servants within the meaning

of section 21 of the Indian Penal Code.

57.

No civil court shall have jurisdiction in respect of any matter which

the Lokayukta is empowered by or under this Act to determine.

58.

The Lokayukta may provide for legal assistance to complainant

or person against whom a complaint has been made who is eligible for legal

aid as per the provisions of the Legal Services Authorities Act, 1987, and

rules or regulations made thereunder.

59.

The provisions of this Act shall have effect notwithstanding

anything inconsistent therewith contained in any enactment other than this

Act or in any instrument having effect by virtue of any enactment other than

this Act.

60.

The provisions of this Act shall be in addition to, and not in

derogation of, any other law for the time being in force.

61.

(1) The State Government may, by notification in the Official

Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

powers, such rules may provide for all or any of the following matters,

namely:—

(a) the form for making complaint and affidavit thereof under sub-

section (2) of section 14 ;

Annual report

of Lokayukta.

Protection of

action taken in

good faith by

any public

servant.

Chairperson,

Members,

officers and

employees of

Lokayukta to be

public servants.

Bar of

jurisdiction.

Legal assistance.

45 of 1860.

39 of 1987.

Act to have

overriding

effect.

Provisions of

this Act to be

in addition of

other laws.

Power to make

rules.

32

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

(b) other matters for which the Lokayukta shall have the powers

of a civil court under clause (vi) of sub-section (1) of section 35 ;

(c) the form and the time for preparing, in each financial year, the

budget for the next financial year, showing the estimated receipts and

expenditure of the Lokayukta under section 47 ;

(d) the form for maintaining the accounts and other relevant

records and the form of annual statement of accounts under sub-section

(1) of section 49 ;

(e) the form and manner and the time for preparing the returns

and statements alongwith particulars under of section 53 ; and

(f) any other matter which is to be or may be prescribed.

62. (1) Subject to the provisions of this Act and the rules made

thereunder, the Lokayukta may, by notification in the Official Gazette, make

regulations to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing

powers, such regulations may provide for all or any of the following matters,

namely:—

(a) the manner for displaying on the website of the Lokayukta, the

status of all complaints pending or disposed of along with records and

evidence with reference thereto under sub-section (8) of section 24 ;

(b) the manner and procedure of conducting preliminary inquiry

or investigation under sub-section (10) of section 24 ;

(c) any other matter which is required to be, or may be, specified

under this Act.

63.

Every rule and regulation made under this Act shall be laid, as

soon as may be after it is made, before each House of State Legislature, while

it is in session, for a total period of thirty days which may be comprised in

one session or in two or more successive sessions, and if, before the expiry

of the session immediately following the session or the successive sessions

aforesaid, both Houses agree in making any modification in the rule or

regulation, or both Houses agree that the rule or regulation should not be

made, the rule or regulation 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 or regulation.

Power of

Lokayukta to

make

regulations.

Laying of rules

and

regulations.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 26, 2022/{ÉÉè¹É 5, ¶ÉEäò 1944

33

64.

(1) If any difficulty arises in giving effect to the provisions of this

Act, the State Government may, by order, published in the Official Gazette,

make such provisions not inconsistent with the provisions of this Act, as

appear to it to be necessary for removing the difficulty:

Provided that no such order shall be made under this sub-section after

the expiry of a period of two years from the commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may

be after it is made, before each House of the State Legislature.

65.

For the removal of doubts, it is hereby declared that nothing in

this Act shall be construed to authorize the Lokayukta to investigate any

action which is taken by or with the approval of,—

(a) any judge as defined in section 19 of the Indian Penal Code;

(b) any officer or servant of any court;

(c) the Accountant General, Maharashtra;

(d) the Chairman or a Member of the Maharashtra State Public

Service Commission;

(e) the Chief Election Commissioner, the Election Commissioners

and the Regional Commissioners referred to in article 324 of the

Constitution of India and the Chief Electoral Officer, Maharashtra State;

(f) the Speaker of the Maharashtra Legislative Assembly or the

Chairman of the Maharashtra Legislative Council;

(g) any member of the Secretarial staff of either House of the State

Legislature.

66.

(1) On the commencement of this Act, the Maharashtra Lokayukta

and Upa-Lokayuktas Act, 1971, shall, from such commencement, stand

repealed.

(2) Notwithstanding such repeal,-

(a) all applications, suits and other proceedings under the said Act,

pending on the date of commencement of this Act before any court,

competent authority or other office or authority, shall be continued and

disposed of, in accordance with the provisions of the Act so repealed,

as if the said Act had continued in force and this Act had not been

passed;

(b) any appointment made or rules, notifications or orders issued

under the repealed Act and in force on the date of commencement of this

Act shall, in so far as they are not inconsistent with the provisions of

this Act, be deemed to have been made or issued under this Act and shall

continue to be in force until the same are superseded or modified by any

appointment made or rule, notification or order issued under this Act;

(c) all prosecutions instituted under the provisions of the repealed

Act shall be effective and disposed of in accordance with the law.

Power to

remove

difficulties.

Removal of

doubts.

45 of 1860.

Repeal and

saving.

Mah. XLVI

of 1971.

¦ÉÉMÉ +É`ö-101-----5.

BSɤÉÒ--1458-5.

34

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FIRST SCHEDULE

[See section 3 (5)]

I,............................................................, having been appointed as

Chairperson/ Member of Lokayukta, do swear in the name of God solemnly

affirm that, I will bear faith and allegiance to the Constitution of India as

by law established, and I will duly and faithfully and to the best of my ability,

knowledge and judgment perform the duties of my office without fear or

favour, affection or, ill will.

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SECOND SCHEDULE

[See section 13 (1)(iv)(a)]

(a) Action taken for the purpose of investigating crime or protecting

the security of the State.

(b) Action taken in the exercise of powers in relation to determining

whether a matter shall go to a court or not.

(c) Action taken in matters which arise out of the terms of contract

governing purely commercial relations of the administration with customers

or suppliers, except where the complainant alleges harassment or gross

delay in meeting contractual obligations.

(d) Action taken in respect of appointments, removals, pay, discipline,

superannuation or other matters relating to conditions of service of public

servants but not including action relating to claims for pension, gratuity,

provident fund or to any claims which arise on retirement, removal or

termination of service.

(e) Grant of honours and awards.

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STATEMENT OF OBJECTS AND REASONS

The Lokpal and Lokayuktas Act, 2013 (1 of 2014) has been enacted by

the Parliament to provides for the establishment of a body of Lokpal for the

Central Government and Lokayukta for States to inquire into allegations

of corruption against certain public functionaries and other related matters.

Section 63 of the said Act provides that, every State shall establish a

body to be known as the Lokayukta for the State, if not so established,

constituted or appointed, by a law made by the State Legislature, to deal

with complaints relating to corruption against certain public functionaries,

within a period of one year from the date of commencement of this Act.

2.

The Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971

(Mah. XLVI of 1971) is in force in the State. The said Act provides for the

appointment of Lokaukta and Upa-Lokayuktas. Under the said Act, the

Lokayukta and Upa-Lokayuktas are empowered to make investigation in

respect of the complaints of grievance and allegation against public servants.

The Lokayukta and Upa-Lokayuktas make investigation on complaints and

submit its report to the Government for taking action. Under the said Act,

the Lokayukta and Upa-Lokayuktas have limited powers to take action on

complaints.

3.

In view of the provisions of section 63 of the Lokpal and Lokayuktas

Act, 2013, to enact a comprehensive law on the lines of Lokpal Act to provide

for more effective mechanism to receive complaints relating to allegations

of corruption and to strengthen the existing legal and institutional

mechanism in the State, the Committee was constituted by the Government

to prepare a draft Bill. The Committee has prepared a draft of the

Maharashtra Lokayukta Bill and submitted its report alongwith the draft

Bill to the Government. The Government has considered the report and

draft Bill of the Committee and decided to enact a law.

4.

Salient features of the Bill are as under, namely:—

(a) the complaints of allegation of corruption and grievance against

the public servants can be made to the Lokayukta;

(b) different competent authorities are provided for the different

categories of public servants;

(c) the Lokayukta may investigate complaints against Chief

Minister, Ministers, Ministers for State, Members of the Maharashtra

State Legislature, All India Services Officers, State Government

Employees (excluding Group-D), Members of Local Authorities,

Officers and employees of the Board, Corporation, Authority or

Society, wholly or partly financed by State Government or controlled

by Government;

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(d) Selection Committee for selection of Chairperson and Members

of Lokayukta consisting of,—

(i) the Chief Minister,

(ii) the Deputy Chief Minister,

(iii) the Chairman of the Maharashtra Legislative Council and

Speaker of Maharashtra Legislative Assembly,

(iv) the Leader of Opposition of both Houses,

(v) the Chief Justice of the High Court or Judge of the High Court;

(e) Lokayukta consists of five Members, Chief Justice of High Court

or Judge of Supreme Court or Judge of Bombay High Court as a

Chairperson, and four other Members, out of whom two shall be Judicial

Members;

(f)

power of Governor to confer additional functions to Lokayukta

in relation to redressal of grievances and eradication of corruption;

(g) constitution of benches of Lokayukta, full bench consists of not

less than three Members including Chairperson;

(h) in cases of complaints of corruption against public servant, first

preliminary inquiry by the Lokayukta and then investigation by State

agency;

(i) power of Lokayukta to direct to file charge sheet before Special

Court;

(j) in cases of complaints of corruption against public servant, time

limit has provided to grant sanction for prosecution to the competent

authority;

(k) in certain cases, power of search and seizure;

(l) powers of Lokayukta to supervise over the State Agency;

(m) in cases of corruption, power of Special Court to order to

confiscate assets, proceeds, receipts and benefits arisen or procured by

means of corruption in special circumstances;

(n) power of review of order passed by Lokayukta;

(o) complaints against Lokayukta and his suspension and removal;

(p) prosecution for false complaints and payment of compensation;

(q) repeal of the Maharashtra Lokayukta and Upa-Lokayuktas Act,

1971.

5.

The Bill seeks to achieve the above objectives.

Nagpur,

EKNATH SHINDE,

Dated the 22^nd December 2022.

Chief Minister.

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MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative

power, namely:—

Clause 1(3).—Under this clause, power is taken to the State

Government, to appoint by notification in the Official Gazette, the date on

which the Act shall come into force.

Clause 2(f)(ix).—Under this clause, power is taken to the State

Government, to specify, by notification in the Official Gazette, the

department or authority as a competent authority;

Clause 3(1).—Under this clause, power is taken to the State

Government, to establish by notification in the Official Gazette, a body to

be called as the Lokayukta, Maharashtra State;

Clause 10(3).—Under this clause, power is taken to the Lokayukta, to

prescribe the conditions of service of officers and staff of the Lokayukta.

Clause 14 (2).—Under this clause, power is taken to the State

Government, to prescribe a form for making complaint and affidavit thereof.

Clause 27 (2)(c).—Under this clause, power is taken to the State

Government, to prescribe the purposes to which sub-clause (1) of said clause

27 shall not apply to the disclosure of any information.

Clause 35(1)(vi).—Under this clause, power is taken to the State

Government, to prescribe the matters for which the Lokayukta shall have

the powers of Civil Court while trying a suit for conducting inquiry.

Clause 47.—Under this clause, power is taken to the State Government,

to prescribe, the form and the time for preparing in each financial year, the

budget of Lokayukta for the next financial year showing the estimated

receipts and expenditure.

Clause 49(1).—Under this clause, power is taken to the State

Government, to prescribe the form in which the Lokayukta shall maintain

proper accounts and other relevant records and prepare an annual

statement of accounts in consultation with the Accountant General of the

State.

Clause 53.—Under this clause, power is taken to the State Government,

to prescribe the time, form and the manner in which returns, statements

and particulars in regard to any matter under the jurisdiction of the

Lokayukta shall be furnished by the Lokayukta to the State Government.

Clause 61(1).—Under this clause, power is taken to the State

Government, to make rules, by notification in the Official Gazette, to carry

out the provisions of this Act.

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Clause 62.—Under this clause, power is taken to the Lokayukta to make

regulations by notification in the Official Gazette, to carry out the provisions

of the Act.

Clause 64.—Under this clause, power is taken to the State Government

to issue an order in the Official Gazette, for removing any difficulty which

may arise in giving effect to the provisions of the Act.

2.

The above-mentioned proposals for delegation of legislative power

are of normal character.

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FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for establishment of the body of Lokayukta,

Maharashtra State. Clause 11 of the Bill provides for administrative expenses

of the Lokayukta, including all salaries, allowances and pensions payable

to or in respect of the Chairperson, Members or Secretary or others officers

of staff of the Lokayukta.

The necessary recurring and non-recurring expenditure of

approximately rupees six crores on account of expenditure as mentioned

above shall be required to be made, after due appropriation, out of the

Consolidated funds of the State, on the enactment of an Act of the State

Legislature.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED

AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY

AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.