PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT

THE TAMIL NADU LOKAYUKTA RULES, 2018.

[G.O. Ms. No. 154, Personnel and Administrative Reforms (N.Spl), 13th November 2018,

Aippasi 27, Vilambi, Thiruvalluvar Aandu-2049.]

No. SRO A-55(d)/2018.

[ 1 ]

No. 380]

CHENNAI, TUESDAY, NOVEMBER 13, 2018

Aippasi 27, Vilambi, Thiruvalluvar Aandu-2049

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price: Rs. 4.00 Paise.

Ex-III-1(a)(380)

In exercise of the powers conferred by Section 44 of the Tamil Nadu Lokayukta Act, 2018 (Tamil Nadu Act 33 of 2018),

the Governor of Tamil Nadu hereby makes the following Rules, namely:-

RULES

CHAPTER – I

Short title.- These rules may be called the Tamil Nadu Lokayukta Rules, 2018.

Deﬁ nitions.- In these rules, unless the context otherwise requires,-

(a)

“Act” means the Tamil Nadu Lokayukta Act, 2018 (Tamil Nadu Act 33 of 2018);

(b)

“Actual service” includes—

(i)

time spent by the Chairperson and Members on duty;

(ii)

joining time on transfer to the oﬃ ce of Lokayukta from a post or an oﬃ ce under the Government of India

or a State Government;

(iii) vacations, excluding any time during which the Chairperson or Member is absent on leave;

(c)

“complainant” means a person who makes a complaint under the Act;

(d)

“detailed inquiry” means an open inquiry conducted on the basis of material, information or documents

collected, etc., and where statements are recorded from witnesses and suspect oﬃ cers.

(e)

“Government” means the Government of Tamil Nadu;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(f)

“Governor” means the Governor of Tamil Nadu;

(g)

“pension” means pension of any kind payable to the Chairperson or Members of Lokayukta and includes any

gratuity or other sum or sums so payable by way of death or retirement beneﬁ ts;

(h)

“preliminary inquiry” means a discreet inquiry conducted on the basis of material, information or documents

collected;

(i)

“Registrar” means the Registrar of the Lokayukta;

(j)

“Schedule” means a Schedule appended to these rules;

(k)

“Search Committee” means the Search Committee referred to in sub-section (3) of Section 4 of the Act;

(l)

“Secretary” means the Secretary of Lokayukta;

(m)

“Selection Committee” means the Selection Committee referred to in sub-section (2) of Section 4 of the Act;

(n)

“staﬀ of the Lokayukta” means the oﬃ cers and employees of the Lokayukta;

(o)

“Vigilance Commission” means a body constituted for the purpose of advising the State Government in

prevention of corruption in public services and to undertake enquiry or investigation into allegations of

corruption against public servants;

CHAPTER-II

SELECTION COMMITTEE

Constitution of Search Committee.- The Selection Committee shall constitute the Search Committee consisting of

three persons having special knowledge and expertise in the ﬁ elds speciﬁ ed in sub-section (3) of Section 4 of the Act.

The Selection Committee shall nominate one of the members of the Search Committee as the Chairperson.

Decision of the Selection Committee.- The decision of the Selection Committee in recommending the name of

Chairperson and Members of Lokayukta shall be by majority.

The Selection Committee may extend the term of the Search Committee, as deemed necessary.

If the Selection Committee is not satisﬁ ed with the panel of names submitted by the Search Committee, the Selection

Committee may refer back the issue to the Search Committee.

The Selection Committee may, for reasons to be recorded in writing, reconstitute the Search Committee, at any point

of time.

CHAPTER-III

SEARCH COMMITTEE

Term of the Search Committee.- (1) The term of oﬃ ce of the Chairperson and Members of the Search Committee

shall be two months from the date of constitution of the Search Committee.

Meetings of Search Committee.- (1) The Search Committee shall hold its meetings at such places in Chennai as may

be decided by the Chairperson of the Search Committee.

(2) The notice for meeting shall be issued in such manner so as to reach the Chairperson and Members of the

Search Committee at least three days in advance.

10.

Procedure at meetings.- (1) The Chairperson of the Search Committee shall preside over the meetings of the Search

Committee.

(2) The workings of the Committee shall be directed in a manner based on consensus:

Provided that in the case of diﬀ erence of opinion among the Members of the Search Committee, the decision

of the majority shall prevail.

11.

Submission of recommendation to the Selection Committee.– (1) The Search Committee for the purpose of

preparing the panel of persons to be considered for appointment as Chairperson and Members of the Lokayukta, shall

take note of the eligibility criteria speciﬁ ed in Section 3 of the Act:

Provided that no person shall be considered for inclusion in the panel without his consent.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) The State Government shall provide such assistance as may be required by the Search Committee in

eﬃ cient discharge of its functions in accordance with the provisions of the Act.

(3) The Search Committee shall submit the panel of the persons to the Selection Committee, for appointment

as Chairperson and Members of the Lokayukta.

12.

Honorarium.- The Chairperson of the Search Committee shall be paid a honorarium of Rs.50,000/- and Members

shall be paid a honorarium of Rs.40,000/- each. They shall also be paid for the admissible contingency expenses

incurred.

13.

Resignation of Members.- A member may resign his oﬃ ce by a letter addressed to the Chairperson of the Selection

Committee.

14.

Nodal Oﬃ cer of the Search Committee.- An Oﬃ cer, not below the rank of Deputy Secretary to Government, will be

nominated as the Nodal Oﬃ cer, along with supporting staﬀ , as may be required, for extending secretarial assistance

to the Search Committee. The Nodal Oﬃ cer is authorized to claim the admissible contingency expenses.

CHAPTER-IV

CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF LOKAYUKTA

15.

Applicability.— The service conditions including medical and conveyance facilities and travelling allowance of the

Chairperson and Members shall be governed by the High Court Judges (Salaries and Conditions of Service) Act, 1954

(Central Act 28 of 1954) and the rules made thereunder.

16.

Pension/Additional Pension.– (1) The Chairperson and Members shall be entitled to pension, at the rate ﬁ xed by

the Government, in addition to the pension to which they may be entitled in respect of any previous service rendered

by them under the Union or the State

(2) The Chairperson and Members, who on the date of his appointment as such, was a non-oﬃ cial, i.e., not in

the service of the Central or a State Government, shall, on his ceasing to hold oﬃ ce as such Chairperson or Member,

be entitled to pension, at the rate ﬁ xed by the Government.

CHAPTER-V

CONDITIONS OF SERVICE OF OFFICERS AND EMPLOYEES OF LOKAYUKTA

17.

Strength and Composition of the Staﬀ of Lokayukta.- The Lokayukta shall consist of such number of posts in the

pay levels, as speciﬁ ed in Schedule-I to these rules.

18.

Method of appointment.- The method of appointment for the posts speciﬁ ed in column (1) of Schedule-II shall be as

speciﬁ ed in the corresponding entries in column (2) thereof.

19.

Application of Act and rules.— (1) The Tamil Nadu Government Servants (Conditions of Service) Act, 2016

(Tamil Nadu Act 14 of 2016), the Fundamental Rules, the Tamil Nadu Leave Rules, 1933 and the Subsidiary Rules

thereunder, the Tamil Nadu Government Servants’ Conduct Rules, 1973, the Tamil Nadu Civil Services (Discipline and

Appeal) Rules, the Tamil Nadu General Provident Fund (Tamil Nadu) Rules, the Tamil Nadu Pension Rules, 1978, the

Special Rules for the Tamil Nadu Secretariat Service, the Special Rules for the Tamil Nadu Basic Service, the Special

Rules for the Tamil Nadu Police Sub-ordinate Service and other Rules and Orders for the time being in force applicable

to oﬃ cers and employees under the rule making control of the Government, in so far as they are not inconsistent with

these rules, shall govern the staﬀ of the Lokayukta in the matter of their pay, allowances, leave, leave salary, pension

and other conditions of service.

(2) In respect of any matter for which no provision is made in these rules, the relevant Special Rules shall

govern the holder of the posts mentioned in Schedule-I.

20.

Appointing Authority.- Appointing authority for the category of posts speciﬁ ed in column (1) of Schedule-III shall be,

as speciﬁ ed in the corresponding entries in column (2) thereof.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

21.

Complaints against the oﬃ cials of the Lokayukta and Competent authority to impose penalties.- (1) Every

complaint made against any staﬀ of the Lokayukta for an oﬀ ence not punishable under the Prevention of Corruption

Act, 1988 (Central Act 49 of 1988) shall be dealt with in accordance with the provisions of the relevant rules in force.

(2) The competent authority to impose penalties against various categories and the appellate authorities

shall be as speciﬁ ed in Schedule IV.

CHAPTER-V

INQUIRY

22.

Complaint. - Save as otherwise provided in these rules, every complaint under the Act shall be made in the Form

prescribed in Schedule-V and shall contain the following particulars, namely:-

(i)

the name and address of the complainant;

(ii)

the name, oﬃ cial designation and address of the public functionary against whom the complaint involving

grievances or allegations is made; and

(iii)

the details of the contents of the action complained of / and of the allegations.

23.

Mode of complaint.- A complaint may be presented in person to the Registrar or any other oﬃ cer duly authorised by

him in this behalf or be sent by post.

24.

Scrutiny of Complaint.- (1) On receipt of a complaint, the Registrar shall cause the particulars thereof to be entered

in a register of complaints.

(2) On scrutiny of the complaint, if the Registrar is of the opinion that any such complaint is not in conformity

with the provisions of the Act or the Rules, he shall within a period of ﬁ fteen days from the date of its receipt, issue a

notice to the complainant requiring him to rectify the defect within the time speciﬁ ed in the notice:

Provided that the Registrar may, on an application made by the complainant, extend the time speciﬁ ed

in the notice for suﬃ cient cause.

(3) If the defects are not rectiﬁ ed or the omissions are not supplied within the time speciﬁ ed or such further

time as may be granted, Chairperson or Members may reject the complaint.

(4) The complaint shall also be liable for rejection inlimine by the Chairperson or Members, as the case may

be, for any of the following reasons, namely,-

(a)

that the complaint does not disclose an allegation which may be inquired by the Chairperson or

Members, as the case may be;

(b)

that the complaint is frivolous, vexatious, or not made in good faith;

(c)

that there are no suﬃ cient grounds for inquiring the complaint; and

(d)

that an earlier complaint based on the same allegations as those made in the present complaint

was previously disposed of by the Chairperson or Members, as the case may be.

(5) Every person making a complaint under sub-rule (1) shall be informed, if no further action on the complaint

is to be taken:

Provided the Lokayukta in its discretion, may aﬀ ord an opportunity to the complainant to show cause why

the complaint shall not be rejected for the reasons mentioned therein.

25.

Order of Lokayukta.- Any order passed by the Lokayukta under these Rules and executed by name, shall be

authenticated in such manner as the Lokayukta may, by a general or special order specify, from time to time.

26.

In camera proceedings.- Subject to the provisions of the Right to Information Act, 2005 (Central Act 22 of 2005),

every inquiry shall be conducted in private and in particular the identity of the complainant and of the public functionary

aﬀ ected by the inquiry shall not be disclosed to the public or the press or published in any manner whether before,

during or after the inquiry.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

27.

Discontinuance of inquiry.- (1) The Chairperson or Members, as the case may be, in their discretion, at any time,

after the commencement of any inquiry under the Act order discontinuance of further inquiry of any complaint involving

an allegation, may refuse to inquire or cease to inquire any complaint if in his opinion,-

(i)

there are no suﬃ cient grounds for inquiring or as the case may be, for continuing the inquiry; or

(ii)

other remedies are available to the complainant and in the circumstance of the case it would be more proper

for the complainant to avail of such remedies.

(2) In any case where the Lokayukta decides to discontinue any inquiry in respect of a complaint, it shall

record the reasons therefor and communicate the same to the complainant and the public functionary concerned.

28.

Death of the complainant.- When the complainant after making a complaint either dies or does not take further

steps for substantiating the allegation, the Chairperson or Members, as the case may be, for reasons to be recorded

in writing, proceed further with the complaint on the basis of the material available.

29.

Withdrawal of complaint.- No complaint shall be permitted to be withdrawn unless the Lokayukta is satisﬁ ed that the

complaint was made under a bona-ﬁ de mistake.

S. SWARNA,

Secretary to Government.

APPENDIX

SCHEDULE – I

(See rule 17)

Sl. No.

Name of the Post

No. of

Post

Level of Pay

(in Rupees)

(1)

(2)

(3)

(4)

(1)

Secretary

125200 - 219800

(2)

Registrar

123400 - 216300

(3)

Director

61900 - 196700

(4)

Under Secretary

59300 - 187700

(5)

Chief Accounts Oﬃ cer

59300 - 187700

(6)

Assistant Registrar

59300 - 187700

(7)

Assistant Director

56100 - 177500

(8)

System Analyst

56100 - 177500

(9)

Section Oﬃ cer

56100 - 177500

(10)

Section Oﬃ cer (Bills)

56100 - 177500

(11)

Assistant Section Oﬃ cer

36400 - 115700

(12)

Assistant Section Oﬃ cer (Bills)

36400 - 115700

(13)

Inspector

37700 - 119500

(14)

Sub-Inspector

35900 - 113500

(15)

Police Constable (Grade – I)

18500 - 58600

(16)

Private Secretary

56100 - 177500

(17)

Personal Assistant

36400 - 115700

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Sl. No.

Name of the Post

No. of

Post

Level of Pay

(in Rupees)

(1)

(2)

(3)

(4)

(18)

Personal Clerk

20600 - 65500

(19)

Assistant

20000 - 63600

(20)

Typist

19500 – 62000

(21)

Record Clerk

15900 - 60400

(22)

Oﬃ ce Assistant

15700 - 50000

(23)

Driver

18500 - 62000

(24)

Messenger

(25)

Sweeper

(26)

Watchman

Total

103

SCHEDULE – II

(See rule 18)

S.No

Category

Method of Appointment

(1)

(2)

(3)

(1)

Secretary

By transfer from among the holders of the post of Additional Secretary/Joint Secretary/

Deputy Secretary in the Departments of Secretariat.

(2)

Registrar

By transfer from among the holders of the post of Additional Secretary/Joint Secretary/

Deputy Secretary in the Law Department of Secretariat.

(3)

Director

By deputation from the Police Department, not below the rank of Superintendent of

Police.

(4)

Under Secretary

By transfer from among the holders of the post of Under Secretary in the Departments

of Secretariat.

(5)

Chief Accounts Oﬃ cer

By transfer from among the holders of the post of Under Secretary in the Finance

Department of Secretariat.

(6)

Assistant Registrar

By transfer from among the holders of the post of Under Secretary in the Law

Department of Secretariat.

(7)

Assistant Director

By transfer from among the Police Department not below the rank of Deputy

Superintendent of Police.

(8)

System Analyst

By transfer from among the persons in the Departments of Secretariat.

(9)

Section Oﬃ cer

By transfer from among the holders of the post of Section Oﬃ cer in the Departments

of Secretariat.

(10)

Section Oﬃ cer (Bills)

By transfer from among the holders of the post of Section Oﬃ cer in the Finance

Department of Secretariat.

(11)

Assistant Section Oﬃ cer

By transfer from among the holders of the post of Assistant Section Oﬃ cer in the

Departments of Secretariat.

(12)

Assistant

Section

Oﬃ cer

(Bills)

By transfer from among the holders of the post of Assistant Section Oﬃ cer in the

Finance Department of Secretariat.

(13)

Inspector

By transfer from among the oﬃ cers of the Police Department.

(14)

Sub-Inspectors

By transfer from among the oﬃ cers of the Police Department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

S.No

Category

Method of Appointment

(1)

(2)

(3)

(15)

Police Constable

(Grade – I)

By transfer from among the constables working in the Police Department.

(16)

Private Secretary

By transfer from among the holders of the post of Private Secretary in the Departments

of Secretariat.

(17)

Personal Assistant

By transfer from among the holders of the post of Personal Assistant in the

Departments of Secretariat.

(18)

Personal Clerk

By transfer from among the holders of the post of Personal Clerk in the Departments

of Secretariat.

(19)

Assistant

By transfer from among the holders of the post of Assistant in the Departments of

Secretariat.

(20)

Typist

By transfer from among the holders of the post of Typist in the Departments of

Secretariat.

(21)

Record Clerk

By transfer from among the holders of the post of Record Clerk in the Departments

of Secretariat.

(22)

Oﬃ ce Assistant

By transfer from among the holders of the post of Oﬃ ce Assistants in the Departments

of Secretariat.

(23)

Driver

By transfer from among the holders of the post of Drivers in the Departments of

Secretariat or By outsourcing

(24)

Messenger

By outsourcing

(25)

Sweeper

By outsourcing

(26)

Watchman

By outsourcing

SCHEDULE – III

(See rule 20)

Sl. No.

Category

Appointing Authority

(1)

(2)

(3)

(1)

Secretary

Chairperson

(2)

Registrar

(3)

Director

(4)

Under Secretary

(5)

Chief Accounts Oﬃ cer

(6)

Assistant Registrar

Secretary

(7)

Assistant Director

(8)

System Analyst

(9)

Section Oﬃ cers

(10)

Section Oﬃ cers (Bills)

(11)

Assistant Section Oﬃ cers

(12)

Assistant Section Oﬃ cers (Bills)

(13)

Inspector

(14)

Sub-Inspectors

(15)

Police Constable

(16)

Private Secretary

(17)

Personal Assistant

(18)

Personal Clerk

(19)

Assistant

(20)

Typist

(21)

Record Clerk

(22)

Oﬃ ce Assistant

(23)

Driver

(24)

Messenger

(25)

Sweeper

(26)

Watchman

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

SCHEDULE – IV

[See rule 21(2)]

Sl. No.

Category

Competent Authority to

impose penalties

Appellate Authority

(1)

(2)

(3)

(4)

(1)

Secretary

Chairperson

Government

(2)

Registrar

(3)

Director

(4)

Under Secretary

(5)

Chief Accounts Oﬃ cer

(6)

Assistant Registrar

(7)

Assistant Director

(8)

System Analyst

(9)

Section Oﬃ cers

Secretary

Chairperson

(10)

Section Oﬃ cers (Bills)

(11)

Assistant Section Oﬃ cers

(12)

Assistant Section Oﬃ cers (Bills)

(13)

Inspector

(14)

Sub-Inspectors

(15)

Police Constable

(16)

Private Secretary

(17)

Personal Assistant

(18)

Personal Clerk

(19)

Assistant

(20)

Typist

(21)

Record Clerk

(22)

Oﬃ ce Assistant

(23)

Driver

(24)

Messenger

(25)

Sweeper

(26)

Watchman

SCHEDULE – V

(See rule 22)

FORM OF COMPLAINT

Before the Tamil Nadu Lokayukta

(1)

Name and address of the complainant for all correspondence in respect of the complaint:

(2)

Name and address of the public servant complained against:

(3)

Brief facts relating to the allegation complained of:

(4)

Names and addresses of the witnesses whom the complainant desires to examine in support of the allegations:

(5)

Particulars of the documents relied upon by the complainant in support of the allegations:

(6)

If the documents relied upon or their true copies are available with the complainant, they should be enclosed and

details thereof should be furnished:

(7)

If the documents relied upon are not in the custody of or cannot be produced by the complainant, the oﬃ ce or other

place or individual from whom they may be secured, should be speciﬁ ed:

(8)

Remarks, if any:

Note:- Copies of aﬃ davits and documents shall be enclosed in duplicate for oﬃ ce use and in as many sets as there are public

servants complained against.