Keywords : Action, Allegation, Lokayukta, Up-Lokayukta, Public Servant, Secretary
स× यमेव जयते
LOKAYUKTA SACHIVALAYA
RAJASTHAN
लोकायुÈ त सिचवालय
राजè थान
THE RAJASTHAN LOKAYUKTA AND
UP-LOKAYUKTA ACT, 1973
राजè थान लोकायुÈ त तथा
उप-लोकायुÈ त अिधिनयम, 1973
(AS AMENDED UPTO 31-01-2015)
(Ǒदनांक 31.01.2015 तक संशोिधत)
2015
THE RAJASTHAN LOKAYUKTA AND UP-LOKAYUKTA ACT, 1973
(Act No. 9 of 1973)
[Published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 27th March, 1973]
CONTENTS
SECTION PAGE
- Short title, extent and commencement 1
- Definitions 1
- Appointment of Lokayukta and Up-Lokayuktas 5
- Lokayukta or Up-Lokayukta to hold no other office 7
- Term of office and other conditions of service of Lokayukta
and Up-Lokayuktas 9 - Removal of Lokayukta or Up-Lokayukta 13
- Matters which may be investigated by Lokayukta or
Up-Lokayukta 15 - Matters not subject to investigation 17
- Provisions relating to complaints 17
- Procedure in respect of investigations 19
- Evidence 20
- Reports of Lokayukta and Up-Lokayuktas 25
- Prosecution for false complaint 25
- Staff of Lokayukta and Up-Lokayuktas 27
- Secrecy of information. 27
- Intentional insult or interruption to or bringing into disrepute
Lokayukta or Up-Lokayukta 29 - Protection 31
- Conferment of additional functions on Lokayukta and
Up-Lokayuktas etc. 31 - Power to exclude complaints against certain classes of
public servant 33 - Power to delegate 35
- Power to make rules 35
- Removal of doubts 37
- Repeal and savings 37
FIRST SCHEDULE 39
(ENGLISH TRANSLATION)
THE RAJASTHAN LOKAYUKTA AND UP-LOKAYUKTAS
ACT, 1973
(Act No. 9 of 1973)
[Received the assent of the President on the 26th day of March, 1973.]
An Act to make provisions for the appointment and functions of
certain authorities for the investigation of allegations against Ministers
and public servants in certain cases and for matters connected
therewith.
Be it enacted by the Rajasthan State Legislature in the twentyfourth year of the Republic of India as follows:- - Short title, extent and commencement.- (1) This Act may be
called the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall be deemed to have come into force on the 3rd day of
February, 1973. - Definitions.- In this Act, unless the context otherwise requires,-
(a) “action” means action taken by way of decision,
recommendation or finding or in any other manner and includes failure
to act; and all other expressions connoting action shall be construed
accordingly;
(b) “allegation” in relation to a public servant, means any
affirmation that such public servant,-
(i) has abused his position as such to obtain any gain or favour
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;
3
(c) “competent authority” in relation to a public servant,
means.-
(i) in the case of a Minister The Chief Minister
or Secretary
(ii) in the case of any other Such authority
public servant as may be prescribed;
(d) “Lokayukta” means a person appointed as the Lokayukta
under section 3, 1
[and shall also include a person nominated
under clause (c) of sub-section (2) of section 5];
(e) “Up-Lokayukta” means a person appointed as an UpLokayukta under section 3;
(f) “Minister” means a member (other than the Chief Minister)
of the Council of Ministers, by whatever name called, for
the State of Rajasthan, that is to say, a Minister, Minister of
State and Deputy Minister;
(g) “officer” means a person appointed to a public service or
post in connection with the affairs of the State of Rajasthan;
(h) “prescribed” means prescribed by rules made under this
Act;
(i) “public servant” denotes a person falling under any of the
descriptions hereinafter following, namely:-
(i) every Minister referred to in clause (f);
(ii) every officer referred to in clause (g);
(iii) (a) every Pramukh and Up-Pramukh of a Zila
Parishad, Pradhan and Up-Pradhan of a Panchyat
Samiti, and Chairman of any Standing Committee,
constituted by or under 2
[The Rajasthan Panchayati
Raj Act, 1994 (Act No. 13 of 1994)] - Inserted w.e.f 22.8.1978 by section of 2 of Rajasthan Act No. 12 of
1978, published in the Rajasthan Gazette part IV-A, Extra ordinary, dated
28-10-1978. - Substituted by section 2 of Rajasthan Act No. 13 of 2008.
5
(b) every 1
[Mayor and Deputy Mayor of a Municipal Corporation] President and Vice-President of a
Municipal Council, Chairman and Vice-Chairman
of a Municipal Board and Chairman of any Committee, constituted or deemed to be constituted by
or under the Rajasthan Municipalities Act, 1959
(Rajasthan Act 38 of 1959);
(iv) every person in the service or pay of,-
(a) any local authority in the State of Rajasthan which, is
notified by the State Government in this behalf in the
Official Gazette,
(b) any corporation (not being a local authority) established by or under a State Act and owned or controlled
by the State Government,
(c) any Government company within the meaning of section 617 of the Companies Act, 1956 (Central Act 1 of
1956), in which not less than fifty-one per cent of the
paid-up share capital is held by the State Government
or any company which is a subsidiary of a company in
which not less than fifty-one per cent of the paid-up
share capital is held by the State Government,
(d) any society registered under the Rajasthan Societies
Registration Act, 1958 (Rajasthan Act 28 of 1958),
which is subject to the control of the State Government
and which is notified by that Government in this behalf
in the Official Gazette;
(e) “Secretary” means a Secretary to the Government of
Rajasthan and includes a Special Secretary, an Additional Secretary and a Joint Secretary. - Appointment of Lokayukta and Up-Lokayuktas.-(1) For the
purpose of conducting investigations in accordance with the provisions
of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukta and 2
[may, by similar warrant, appoint] one or more persons to be known as the Up-Lokayukta or
Up-Lokayuktas; - Inserted by section 2 of Rajasthan Act No. 13 of 2008.
- Inserted w.e.f. 22.08.1978 by section 2 of Rajasthan Act No. 12 of 1978,
published in the Rajasthan Gazette part-IV-A, Extra ordinary dated
28.10.1978.
7
Provided that,-
(a) The Lokayukta shall be appointed after consultation with the
Chief Justice of the High Court and the Leader of the Opposition in the Legislative Assembly, or if there be no such
Leader, a person elected in this behalf by the Members of the
Opposition in that House in such manner as the Speaker may
direct;
(b) the Up-Lokayukta or Up-Lokayuktas shall be appointed after
consultation with the Lokayukta:
Provided further that the first Up-Lokayukta shall be the person
who is holding the office of Vigilance Commissioner immediately before the commencement of this Act.
(2) Every person appointed as the Lokayukta or an Up-Lokayukta
shall, before entering upon his office, make and subscribe, before the
Governor, or some persons appointed in that behalf by him, an oath or
affirmation in the form set out for the purpose in the First Schedule.
(3) The Up-Lokayuktas shall be subject to the administrative control of the Lokayukta and, in Particular, for the purpose of convenient
disposal of investigations under this Act, the Lokayukta may issue such
general or special directions as he may consider necessary to the UpLokayuktas :
Provided that, nothing in this sub-section shall be construed to
authorize the Lokayukta to question any finding, conclusion or recommendation of an Up-Lokayukta. - Lokayukta or Up-Lokayukta to hold no other office.- The
Lokayukta or an Up-Lokayukta shall not be a member of Parliament or
a member of the Legislature of any State and shall not hold any office
of the trust or profit (other than his Office as the Lokayukta or, as the
case may be, an Up-Lokayukta); or be connected with any political
party or carry on any business or practice any profession and
accordingly before he enters upon his office, a person appointed as the
Lokayukta or, as the case may be, an Up-Lokayukta, shall,-
(a) if he is a member of Parliament or of the Legislature of any
State, resign such membership; or
(b) if he holds any office of trust or profit, resign from such
office; or
9
(c) if he is connected with any political party, sever his connection with it; or
(d) if he is carrying on any business, sever his connection
(short of divesting himself of ownership) with the conduct
and management of such business; or
(e) it he is practising any profession, suspend practice of such
profession. - Term of office and other conditions of service of Lokayukta
and Up-Lokayuktas.–
1
[(1) Every person appointed as the Lokayukta
or an Up-Lokayukta shall hold, and every person holding office at the
commencement of the Rajasthan Lokayukta and Up-Lokayuktas
(Amendment) Ordinance, 1987 (Ordinance No. 24 of 1987) shall continue to hold office for a term of five years from the date on which he
enters upon his office] :
Provided that,-
(a) the term of office of the first Up-Lokayukta shall be such as
may be fixed by the Governor but in no case it shall be
fixed for a term exceeding five years from the date on
which he enters upon his office;
2
[(aa) the Lokayukta holding office at the commencement of the
Rajasthan Lokayukta and Up-Lokayuktas (Amendment)
Ordinance, 1978 (Ordinance No. 13 of 1978) shall continue
to hold that office till the expiry of term of five years from
the date on which he entered upon his office;]
(b) The Lokayukta or an Up-Lokayukta may, by writing under
his hand addressed to the Governor, resign his office;
(c) The Lokayukta or an Up-Lokayukta may be removed from
office in the manner specified in section 6.
(2) If the office of the Lokayukta or an Up-Lokayukta becomes
vacant, of if the Lokayukta or an Up-Lokayukta is, by reason of absence or for any other reason whatsoever unable to perform the duties
of his office those duties shall, until some other person appointed under
section 3 enters upon such office or, as the case may be, until the Lokayukta or such Up-Lokayukta resumes his duties, be performed,- - Inserted and substituted w.e.f. dated 29.12.1987 by section 2 of Act No. 8
of 1988 published in the Rajasthan Gazette Part IV-A Extra ordinary,
dated 7.4.1988. - Inserted and substituted w.e.f. 22.8.1978 by section 4(ii) and 4(iii) of Rajasthan Act No. 12 of 1978, published in the Rajasthan Gazette, part IV-A,
Extra ordinary, dated 28.10.1978.
11
(a) where the office of the Lokayukta becomes vacant or where
he is unable to perform the duties of his office, by the UpLokayukta or if there are two or more Up-Lokayuktas by
such one of the Up-Lokayuktas as the Governor may by
order direct;
(b) where the office of an Up-Lokayukta becomes vacant or
where he is unable to perform the duties of his office, by
the Lokayukta himself or if the Lokayukta so directs, by the
other Up-Lokayukta or, as the case may be, such one of
other Up-Loklayuktas as may be specified in the direction
1
[;]
2
[(c) where the office of the Lokayukta becomes vacant or where
he is unable to perform the duties of his office and there is
no Up-Lokayukta, by a Judge of the High Court of Judicature for Rajasthan nominated by the Chief Justice of that
High Court on a request of the Governor:
Provided that the Judge so nominated shall perform the duties of
the Lokayukta in addition to his own duties as a Judge of the High
Court and nothing contained in the provisions of section 3, section 4,
sub-sections (1), (3), (4) and (5) of the section and section (6) shall apply to him.]
(3) On ceasing to hold office, the Lokayukta or an Up-Lokayukta
shall be ineligible for further employment (whether as the Lokayukta or
an Up-Lokayukta or in any other capacity) under the Government of
Rajasthan or the Central Government, or for any employment under, or
office in, any such local authority corporation, Government company or
society as is referred to in sub-clause (iv) of clause (i) of section 2, or
for any employment under, or office in, any local authority in any Union Territory, which is notified by the Central Government in this behalf in the Official Gazette, or any corporation (not being a local authority) established by or under a Central Act and owned or controlled
by the Central Government, or any Government Company within the
meaning of section 617 of the Companies Act, 1956 (Central Act 1 of - Substituted by Act No. 12 of 1978 published in the Rajasthan Gazette part
IV-A, Extra ordinary, dated 28.10.1978. - Added w.e.f. 22.8.1978 by section 4(iv) of Rajasthan Act No. 12 of 1978,
published in the Rajasthan Gazette part IV-A, Extra ordinary, dated
28.10.1978.
13
1956) in which not less than fifty-one per cent of the paid-up share
capital is held by the Central Government, or any company which is a
subsidiary of a company in which not less than fifty-one percent of the
paid-up share capital is held by the Central Government, or any society
registered under the Societies Registration Act, 1860 (Central Act 21 of
1860), which is subject to the control of the Central Government and
which is notified by that Government in this behalf in the Official Gazette.
1
[(4) The salary, allowances and pension, payable to and conditions of service of the Lokayukta or Up-Lokayukta shall respectively be
the same as those of the Chief Justice or a Judge of the High Court of
Rajasthan:
Provided that the allowances and pension payable to and other
conditions of service of the Lokayukta or Up-Lokayukta shall not be
varied to his disadvantage after his appointment :
Provided further that if the Lokayukta or an Up-Lokayukta at the
time of his appointment is in receipt of a pension (other than a disability
or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments his salary in
respect of service as the Lokayukta or, as the case may be, Up-Lokayukta
shall 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 pension, and
(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service by the pension equivalent of
that gratuity. - Removal of Lokayukta or Up-Lokayukta.-(1) Subject to the
provisions of Article 311 of the Constitution, the Lokayukta or an UpLokayukta may be removed from his office by the Governor on the
ground of misbehavior or incapacity, and on no other ground: - Substituted by section 2 (c) of Rajasthan Act No. 8 of 1988, published in
the Rajasthan Gazette Part IV-A, Extra ordinary, dated 7.4.88 w.e.f. 1.4.1986.
15
Provided that the inquiry required to be held under clause (2) of
the said article before such removal-
(i) In respect of Lokayukta shall only be held by a person appointed by the Governor being a person who is or has been
a Judge of the Supreme Court or a Chief Justice of a High
Court; and
(ii) In respect of an Up-Lokayukta shall be held by a person
appointed by the Governor being a person who is or has
been a Judge of the Supreme Court or who is or has been a
Judge of High Court.
(2) The person appointed under the proviso to sub-section (1),
shall submit the report of his inquiry to the Governor who shall, as soon
as may be, cause it to be laid before the House of the State Legislature.
(3) Notwithstanding anything contained in sub-section (1) the
Governor shall not remove the Lokayukta or an Up-Lokayukta unless
an address by the House of the State Legislature supported by a majority of the total membership of that House and a majority of not less than
two-thirds of the members of that House present and voting, has been
presented to the Governor in the same session for such removal. - Matters which may be investigated by Lokayukta or
Up-Lokayukta. (1) Subject to the provisions of this Act, the Lokayukta
may investigate any action which is taken by, or with the general or
specific approval of,-
(i) a Minister or a Secretary; or
(ii) any public servant referred to in sub-clause (iii) of clause (i)
of section 2; or
(iii) any other public servant being a public servant of a class or
sub-class of public servants notified by the State Government in consultation with the Lokayukta, in this behalf, in
any case where a complaint involving an allegation is made
in respect of such action can be or could have been, in the
opinion of the Lokayukta, the subject of any allegation.
(2) Subject to the provisions of this Act, an Up-Lokayukta may
investigate any action which is taken by, or with the general or specific
approval of, any public servant not being a Minister, Secretary or other
17
public servant referred to in sub-section (1) in any case where a complaint involving an allegation is made in respect of such action or such
action can be or could have been, in the opinion of the Up-Lokayukta,
the subject of an allegation.
(3) Notwithstanding anything contained in sub-section (2) the
Lokayukta may, for reasons to be recorded in writing, investigate any
action which may be investigated by an Up-Lokayukta under that subsection whether or not a complaint has been made to the Lokayukta in
respect of such action.
(4) Where two or more Up-Lokayuktas are appointed under this
Act, the Lokayukta may, by general or special order, assign to each of
them matters which may be investigated by them under this Act:
Provided that, no investigation made by an Up-Lokayukta under
this Act and no action taken or thing done by him in respect of such
investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned to him by such order. - Matters not subject to investigation.-(1) The Lokayukta or an
Up-Lokayukta shall not investigate any action:-
(a) in respect of which a formal and public inquiry has been
ordered under the Public Servants (Inquiries) Act, 1850
(Central Act 37 of 1850), with the prior concurrence of the
Lokayukta;
or
(b) in respect of a matter which has been referred for inquiry
under the Commissions of Inquiry Act, 1952 (Central Act
60 of 1952) with the prior concurrence of the Lokayukta.
(2) The Lokayukta or an Up-Lokayukta shall not investigate any
complaint which is excluded from his jurisdiction by virtue of a notification issued under section 19.
(3) The Lokayukta or an Up-Lokayukta shall not investigate any
complaint involving an allegation, if the complaint is made after the
expiry of five years from the date on which the action complained
against is alleged to have taken place. - Provisions relating to complaints.-(1) Subject to the provisions of this Act, a complaint may be made under this Act to the Loka-
19
yukta or an Up-Lokayukta 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 authorised by him in this behalf.
(2) Every complaint shall be made is such form and shall be accompanied by such affidavits as may be prescribed.
(3) Notwithstanding anything contained in any other enactment,
any letter written to the Lokayukta or an Up-Lokayukta by a person in
police custody, or in gaol or in any asylum or other place for instance
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 or Up-Lokayukta, as the case may be,
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). - Procedure in respect of investigations.-(1) Where the Lokayukta or an Up-Lokayukta proposes (after making such preliminary inquiry as he deems fit) to conduct any investigation under this Act, he-
(a) shall forward a copy of the complaint or, in the case of any
investigation which he proposes to conduct on his own motion, a statement setting out the grounds therefor, to the
public servant concerned and the competent authority concerned;
(b) shall afford to the public servant concerned an opportunity
to offer his comments on such complaint or statement; and
(c) may make such orders as to the custody of documents relevant to the investigation, as he deems fit.
(2) Every such investigation shall be conducted in private and in
particular, the identity of the complainant and of the public servant affected by the investigation shall not be disclosed to the public or the
press whether before, during or after the investigation :
Provided that, the Lokayukta or an Up-Lokayukta may conduct
any investigation relating to a matter of definite public importance in
public, if he, for reasons to be recorded in writing, thinks fit to do so.
21
(3) Save as aforesaid the procedure for conducting any such investigation shall be such as the Lokayukta or, as the case may be the Up
-Lokayukta considers appropriate in the circumstances of the case.
(4) The Lokayukta or an Up-Lokayukta may, in his discretion
refuse to investigate or cease to investigate any complaint involving an
allegation, if in his opinion-
(a) the complaint is frivolous or vexatious, or is not made in
good faith; or
(b) there are no sufficient grounds for investigating or, as the
case may be, for continuing the investigation; or
(c) other remedies are available to the complainant and in the
circumstances of the case it would the more proper for the
complainant to avail of such remedies.
(5) In any case where the Lokayukta or an Up-Lokayukta decides
not to entertain a complaint or to discontinue any investigation in respect of a complaint, he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned.
(6) The conduct of an investigation under this Act, in respect of
any action shall not affect such action, or any power or duty of any
public servant to take further action with respect to any matter subject
to the investigation. - Evidence.- (1) Subject to the provisions of this section for the
purpose of any investigation (including the preliminary inquiry, if any,
before such investigation) under this Act, the Lokayukta or an UpLokayukta may require any public servant or any other person who in
his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any
such document.
(2) For the purpose of any such investigation (including preliminary inquiry), the Lokayukta or an Up-Lokayukta shall have all the
powers of a civil court while trying a suit under the Code of Civil procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-
23
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any
court or office;
(e) issuing commissions for the examination of witnesses or
documents;
(f) such other matters as may by prescribed.
(3) Any proceedings before the Lokayukta or an Up-Lokayukta
shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
(4) Subject to the provisions of sub-section (5), no obligation to
maintain secrecy or other restriction upon the disclosure of information
obtained by or furnished to the State Government or any public servant,
whether imposed by any enactment or any rule of law, shall apply to the
disclosure or information for the purpose of any investigation under this
Act and the State Government or any public servant shall not be entitled
in relation to any such investigation to any such privilege in respect of
the production of documents or the giving of evidence as is allowed by
any enactment or by any rule of law in legal proceedings.
(5) No person shall be required or authorised by virtue of this Act,
to furnish any such information or answer any such question or produce
so much of any document-
(a) as might prejudice the security or defence or international
relations of India (including India’s relations with the Government of any other country or with any international organisation), or the investigation or detection of crime; or
(b) as might involve the disclosure of proceedings of the Cabinet of the State Government or any Committee of that Cabinet, and for the purpose of this sub-section a certificate issued by the Chief Secretary certifying that any information,
answer or portion of a document is of the nature specified
in clause (a) or clause (b), shall be binding and conclusive.
(6) Subject to the provisions of sub-section (4) no person shall be
compelled for the purposes of investigation under this Act to give any
25
evidence or produce any document which he could not be compelled to
give or produce in proceedings before a Court. - Reports of Lokayukta and Up-Lokayuktas-(1) If, after investigation of any action in respect of which a complaint involving an
allegation has been or can be or could have been made, the Lokayukta
or an Up-Lokayukta is satisfied that such allegation can be substantiated either wholly or partly, he shall report in writing communicate his
findings and recommendations along with the relevant documents, material and other evidence to the competent authority.
(2) The competent authority shall examine the report forwarded to
it under sub-section (1) and intimate within three months of the date of
receipt of the report, the Lokayukta or, as the case may be, the UpLokayukta, the action taken or proposed to be taken on the basics of the
report.
(3) If the Lokayukta or the Up-Lokayukta is satisfied with the
action taken or proposed to be taken on his recommendations or findings referred to in sub-section (1), he shall close the case under information to the complainant, the public servant and the competent authority concerned, but where he is not so satisfied and if he considers that
the case so deserves, he may make a special report upon the case to the
Governor and also inform the complainant concerned.
(4) The Lokayukta and the Up-Lokayukta shall present annually a
consolidated report on the performance of their functions under this Act
to the Governor.
(5) On receipt of a special report under sub-section (3) or the annual report under sub-section (4), the Governor shall cause a copy
thereof together with an explanatory memorandum to be laid before the
House of the State Legislature.
(6) Subject to the provisions of sub-section (2) of section 10, the
Lokayukta may at his discretion make available, from time to time, the
substance of cases closed or otherwise disposed of by him or by an UpLokayukta, which may appear to him to be of general public, academic
or professional interest, in such manner and to such persons as he may
deem appropriate. - Prosecution for false complaint.-(1) Notwithstanding anything contained in section 10 or any other provisions of this Act, whoever wilfully or maliciously makes any false complaint under this act
27
shall, on conviction, be punished with imprisonment for a term which
may extend to three years and shall also be liable to fine.
(2) No court, except a court of Magistrate, First Class subordinate
to the High Court, shall take cognizance of the offence under subsection (1).
(3) No such court shall take cognizance of such offence as aforesaid except on a complaint made by a person against whom false complaint was made after obtaining the previous sanction of the Lokayukta
or Up-Lokayukta, as the case may be.
(4) The prosecution in relation to a complaint made under subsection (3) shall be conducted by the Public Prosecutor and all expenses
connected with such prosecution shall be borne by the State Government.
(5) Such court, on conviction of the person making false complaint, may award, out of the amount of fine, to the complainant such
amount of compensation as it thinks fit. - Staff of Lokayukta and Up-Lokayuktas.-(1) The Lokayukta
may appoint, or authorise an Up-Lokayukta or any officer subordinate
to the Lokyaukta or an Up-Lokayukta to appoint, officers and other employees to assist the Lokayukta and the Up-Lokayuktas in the discharge
of their functions under this Act.
(2) The categories of officers and employees who may be appointed under sub-section (1), their salaries, allowances and other conditions of service and the administrative powers of the Lokayukta and
Up-Lokayuktas shall be such as may be prescribed, after consultation
with the Lokayuktas
(3) Without prejudice to the provisions of sub-section (1), the
Lokayukta or an Up-Lokayukta may for the purpose of conducting investigations under this Act utilise the services of-
(i) Any officer or investigation agency of the State or Central
Government with the concurrence of that Government; or
(ii) Any other person or agency. - Secrecy of information.- (1) Any information, obtained by
the Lokayukta or the Up-Lokayukta or members of their staff in the
course of, or for the purposes of any investigation under this Act, and
29
any evidence recorded or collected in connection with such information, shall, subject to the provisions of the proviso to sub-section (2) of
section 10, be treated as confidential and notwithstanding anything contained in the Indian Evidence Act, 1872 (Central Act 1 of 1872), no
Court shall be entitled to compel the Lokayukta or an Up-Lokayukta or
any public servant to give evidence relating to such information or produce the evidence so recorded or collected.
(2) Nothing in sub-section (1) shall apply to the disclosure of any
information or particulars,-
(a) for purposes of the investigation or 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 (Central Act 19 of 1923), or an offence of giving or fabricating false evidence under the Indian
Penal code 1860 (Central Act 45 of 1860) or for purposes of
any trial of an offence under section 13 or any proceedings
under section 16; or
(c) for such other purposes as may be prescribed.
(3) An officer or other authority prescribed in this behalf may
give notice in writing to the Lokayukta or an Up-Lokayukta, as the case
may be, with respect to any document or information specified in the
notice or any class of documents so specified that in the opinion of the
State Government the disclosure of the documents or information or of
documents or information of that class would be contrary to public interest and where such a notice is given, nothing in this Act shall be construed as authorising or requiring the Lokayukta the Up Lokayukta or
any member of their staff, unless the Lokayukta or the Up-Lokayukta
for reasons to be recorded is of the opinion that disclosure of such document or information involves no public interest to communicate to any
person any document or information specified in the notice or any
document or information of a class so specified. - Intentional insult or interruption to, or bringing into disrepute Lokayukta or Up-Lokayukta.- (1) Whoever intentionally offers any insult or causes any interruption to the Lokayukta or an UpLokayukta while the Lokayukta or the Up-Lokayukta is conducting any
investigation under this Act, shall on conviction, be punished with sim-
31
ple imprisonment for a term which may extent to six months, or with
fine, or with both.
(2) Whoever, by words spoken or intended to be read, makes or
publishes any statement or does any other act which is calculated to
bring the Lokayukta or an Up-Lokayukta into disrepute, shall on conviction, be punished with simple imprisonment for a term which may
extend to six months, or with fine, or with both.
(3) The provisions of section 198 B of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), 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 198 B,
subject to the modification that no complaint in respect of such offence
shall be made by the Public Prosecutor except with the previous
sanction:-
(a) in the case of an offence against the Lokayukta, of the Lokayukta
(b) in the case of an offence against an Up-Lokayukta, of the Up
Lokayukta concerned. - Protection :- (1) No suit, prosecution or other legal proceedings shall lie against the Lokayukta or the Up-Lokayukta or against any
officer, employee, agency or person referred to in section 14 in respect
of any thing which is in good faith done or intended to be done under
this Act.
(2) No proceedings of the Lokayukta or the Up-Lokayukta shall
be held bad for want of form and except on the ground of jurisdiction
no proceedings or decision of the Lokayukta or the Up-Lokayukta shall
be liable to be challenged, reviewed, quashed or called in question in
any court. - Conferment of additional functions on Lokayukta, and
Up-Lokayuktas etc.-(1) The Governor may, by notification published
in the official Gazette, and after consultation with the Lokayukta, confer on the Lokayukta or an Up-Lokayukta, as the case may be, such additional function in relation to the eradication of corruption as may be
specified in the notification.
(2) The Governor may, by order in writing and after consultation
with the Lokayukta, confer on the Lokayukta or an Up-Lokayuta such
powers of a supervisory nature over agencies, authorities or officers set
33
up, constituted or appointed by State Government for the eradication of
corruption.
(3) The Governor may, by order in writing and subject to such
conditions and limitations as may be specified in the order, require the
Lokayukta to investigate any action (being action in respect of which a
complaint may be made under this Act, to the Lokayukta or an UpLokayukta), and notwithstanding anything contained in this Act the
Lokayukta shall comply with such order:
Provided that, the Lokayukta may entrust investigation of any
such action (being action in respect of which a complaint may be
made under this Act to an Up-Lokayukta) to an Up-Lokayukta.
(4) When any additional functions are conferred on the Lokayukta
or an Up-Lokayukta under sub-section (1), or when the Lokayukta or an
Up-Lokayukta is to investigate any action under sub-section (3), the
Lokayukta or Up Lokayukta shall exercise the same powers and discharge the same functions as he would in the case of any investigation
made on a complaint involving an allegation and the provisions of this
Act shall apply accordingly. - Power to exclude complaints against certain classes of
public servant:- (1) The State Government may on the recommendations of the Lokayukta and on being satisfied that it is necessary or expedient in the public interest so to do, exclude, by notification in the
Official Gazette complaints, involving allegations against persons belonging to any class of public servants specified in the notification from
the jurisdiction of the Lokayukta, or, as the case may be, UpLokayukta:
Provided that, no such notification shall be issued in respect of
public servants of gazetted rank.
(2) Every notification issued under sub-section (1) shall be laid as
soon as may be after it is issued before the House of the State Legislature while it is in session for a total period of thirty days which may be
comprised in one session for in two successive sessions, and if, before
the expiry of the session in which it is so laid or the session immediately following, the House agrees in making any modification in the
notification or the House agrees that the notification should not be
made, and notifies such decision in the Official Gazette, the notification
35
shall from the date of publication of such decision have effect only in
such modified form or be of no effect, as the case may be, so however,
that any such modification or annulment shall be without prejudice to
the validity of any thing previously done by virtue of the notification. - Power to delegate.– The Lokayukta or an Up-Lokayukta
may, by a general or special order in writing direct that any powers conferred or duties imposed on him by or under this Act (except the powers
to make reports to the Governor under section 12) may also be exercised or discharged by such of the officers, employees or agencies referred to in section 14, as may be specified in the order. - Power to make rules.-(1) The Governor may, by notification
in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing provisions, such rules may provide for-
(a) the authorities for the purpose required to be prescribed under
sub-clause (ii) of clause (c) of section 2;
(b) the allowances and pension payable to and other conditions of
service of, the Lokayukta and Up-Lokayuktas;
(c) the form in which, complaints may be made and the fees, if
any, which may be charged in respect thereof;
(d) the powers of a civil court which may be exercised by the
Lokayukta or an Up-Lokayukta;
(e) any other matter which is to be or may be prescribed or in
respect of which this Act makes no provision or makes insufficient provision and provision is in the opinion of the Governor necessary for the proper implementation of this Act.
(3) Every rule made under this Act shall be laid as soon as may be
after is it made, before the House of the State Legislature while it is in
session for a total period of thirty days which may be comprised in one
session or in two successive sessions, and if, before the expriy of the
session in which it is so laid or the session immediately following, the
House agrees in making any modification in the rule or the House
agrees that the rule should not be made, and notifies such decision in
the Official Gazette, the rule shall from the date of publication of such
37
notification 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. - Removal of doubts.– For the removal of doubts it is hereby
declared that nothing in this Act shall be construed to authorise the Lokayukta or an Up-Lokayukta to investigate any allegation against-
(a) the Chief justice or any Judge of the High Court or a member
of Judicial Service as defined in clause (b) of Article 236 of
the Constitution;
(b) any officer or servant of any court in India;
(c) the Accountant General, Rajasthan;
(d) the Chairman or a member of the Rajasthan Public Service
Commission;
(e) the Chief Election Commissioner, the Election Commissioners and the Regional Commissioners referred to in Article
324 of the Constitution and the Chief Electoral Officer, Rajasthan State;
(f) any member of the Secretariat staff of the Rajasthan Legislative Assembly. - Repeal and saving .-(1) The Rajasthan Lokayukta and UpLokayutka Ordinance, 1973 (Ordinance No. 3 of 1973) is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance, anything
done or any action taken under it, shall be deemed to have been done or
taken under this Act.
(3) The provisions of this Act shall be in addition to the provisions of any other enactment or any rule of law under which remedy in
any other manner is available to a person making a complaint under this
Act and nothing under this Act shall limit or effect the right of such person to avail of such remedy.
39
THE FIRST SCHEDULE
[See Section 3 (2)]
I………………………………….., having been appointed Lokayukta/
Up-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
and favour, affection or ill will.
