The Delhi Lokayukta and Uplokayukta Act, 1995

^ The Delhi Lokayukta and Uplokayukta Act, 1885 (DelhiActNo.1of19^t8j"!; ATon Amcatke provision for the establishment and functioning of the Institution of Lokayukta to inquire into the allegations against public functionaries in the National Capital Territory of Delhi and for matters connected tBhee riet ewnitahc.ted by the Legislative Assembly ot toe National Capitol Territory of Delhi in the Forty-sixth year of the Republic of India es fellows; - nt and commencement:- Short fit This Act may be called the The Delhi Lokayukta and Uplokayukta Act, 1995. It extends to the whole of the National Capital Territory of Delhi. xt otherwise require unless the context othr. ^w action means action by way of prosecution or otherwise taken on the report of the Lokayukta or the Upalokayukta and includes failure to act;andall other expressions connecting such action shall be construed accordingly. allegation^ relation to a public functionary means by affirmation that such public functionary in capacity as such :- a.has feted to act In accordance with the norms of Integrity and conduct which ought to be followed by the public functionaries or the class to which he belongs; b.has abused or misused his position to obtain any gain or favour to himself or to anyother person or to cause loss or undue harm or hardshipto any other person; c.was actuated in the discharge of his functions as such public, functionary by improper or corrupt motives or personal interest; d.is or has at any time during the period of his office been in possession of pecuniary resources or property disproportionate to his known resources of income whether such pecuniary resources or property areheld by the public functionary personally or by any member of his familyor by some other person on his behalf; rnilyrheans husband, wife, si E^planation :- For the purpose of this sub-clause and unmarried daughters living jointly with him; In this Act. u s the c- ntext o a.^ie Chief Minister or a Minister; b.a Member of Legislative Assembly; c.aperson having the rank of a Minister but shall not include Speaker and Deputy Speaker of the Legislative Assembly; d.aChairman, Vice-Chairman or Managing Director or a Member of a Board of Directors (byWhatever name they be called) in respect of •da. an Apex Co-operative Society or any Co-operative Society constitutedor registered under the Delhi Co-operative Societies Act, 1972. which is subject to the control of the Government; •db, a Government Company within the meaning of section 617 of the Companies Act, 1956, engaged in connection with the affairs, and is under the control of the Government; •dc. a Local Authority established under any law in relation to Delhi; provided that the provisions of this Act shall not be applicable to anyauthority of a Local Authority constituted under an enactmentrelatableto Entry No.18 of the State List of the Seventh Schedule of the Constitution; •dd. a Corporation engaged in connection with the affairs, and under thecontrol, of the Government; • de. any Commission or body set up by the Government which is owned and control led by it; •e. a Member of the Municipal Corporation of Delhi as defined indause 2(27) of the Municipal Corporation Act, 1957 (as amended in 1993); rule made under this Act; rule it Upalokayukta means a person appointed as an Upalokayukta under sections. APPOINTMENT OF LOKAYUKTA & UPLOKAYUKTA : For the purpose of conducting Investigations and inquiries inaccordance with the provisions of this Act, the Lieutenant Governor shail, withthe prior approval of the President, appointed a person to be known asthe Lokayukta and one or more person; to be known as Upalokayukta; Provided that the Upalokayukta shall be appointed in consultation with the Lokayukta. A person shall not be qualified for appointment a a.the Lokayukta, unless he is or has been Chief Justice of any High Cot India, ora Judge of a High Court for seven years;. b.an Upalokayukta, unless he is or has been a Secretary tothe Government or a District Judge in Delhi for seven years or has held the post of a Joint Secretary to the Government of India. Every person appointed as Lokayukta or Upalokayukta shall, before entering upon his office,make and subscribe before the Lieutenant Govsrnoror some person appointed in that behalf by him, an oath or affirmationin the form set out for the purpose in the First Schedule. The Upalokayukta shall be subject to the administrative control of the Lokayukta and in particular, for the purpose of con en enl d po al of n e t ga on nder th Act, the Lokayukta may issue such gene al o pe al d ecton a he may consider necessary to the Upalokayukta ana mayw hd aw to nm elf o ay subject to the provisions of Section 7 m keo e any ca e from h m If to an Upalokayukta or from one Upalokayukta toanother Upalokayukta fo d posal Provided that nothing in this sub-section shall be construed to authorize the Lokayukta to question any finding, conclusion, recommendation anUpalokayukta. LOKAYUKTA OR UPALOKAYUKTA TO HOLD NO OTHER OFFICE :- be a member of Parliament or a member of the Legislative ofany The Lokayuktaor Upalokayukta shall m lold anyother office of profit and shall not beconnected with any Stale or Union Territory and shall not ness or practice any profession; and accordinglybefore he enters political party or becarrying on any bu i Lokayukta or Upalokayukta, asthe case may be. shall L'lkayukt. or Upalokayukta to nolt to C. tVTOf'iCl- ny Stateor Union Territory , s a member of Parliament or of the Legislative of a if he <• resign suchrnembership; or if be holds any office of profit resign from uch office; or 2. f he is connected with any political party, severe his connection with it; or 3. ,shortofdivesting himself of s carrying on any business, severe his connection if he 4. ownership)with the conduct and management c e of such profession. if he is practicing any profession, suspend practic 5. Duration of office and other conditions of service of Lokayukta and Upalokayuktf ' Every person appointed as Lokayukla or Upalokayukta shall hold offlcefor a term of five.ye 0w^ich he enters upon his office and not be eligible tor re-appointment thereafter. Provided that:- ;e of LokayuHta and Lokayuktaor Upalokayukta may. by writing under his hand addressed to the Lieutenant Governor, resign his office and such resignation shallbeeffective as soon asit is accepted by the Lieutenant Governor; In the event of occurrence of any vacancy In the office of the Lokayuktaby reason of his death,resignation, removal or otherwise, the Upalokayukta or it there are more than one then such one of them as the LieutenantGovemor may, be order.dlrect, shall not withstanding anything contained inclSuse (a) of sub section (2] ofSectlon 3, act as Lokayukta until the datea new Lokayukta appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office. When the Lokayukta Is unable to discharge his functions owing toabsence, Illness or any other cause, the Upalokayukta or If there are morethan one then such one of them as the Lieutenant Governor may, by order.dlrect, shall not withstanding anything co^tained In clause (a)ofsub-section (2) of Section 3,dlscharQe his functions until the date theLokayukta re^umes hs duties. The Uplokayukta shall, during and in respect of the period while he isso acting as or discharging the functions of Lokayukta, have all the powers and Immunities of theLokayukta and be entitled to salary, allowances and perquisites as are specified Inthe Second Schedule In relation to Lokayukta. Avacancy occurring In the office of die Lokayukta or an Upalokayuktaby reason of his death,resignation, :e shall be filled in as soon as possible but not later then six months from the date of acancy. On ceasing to hold office, the Lokayukta or UpaloKayukta shall be ineligible for further appointment as the Lokayukta or Upalokayukta Inany employment under Government orfor any employment under any such GovemmentCompany, localagihority, corporation under the administrative controlofthe Government or Statutory Commissions set up by the Government asis referred to In sub-clause (lv)of clause (m) of Section 2. Thereshall be paid to the Lokayukta and Upalskayukta such salaries as are specified In the Second Schedule. The allowances and pension payable to, and other conditions of serviceof, Lokayufcta or Upalokayukta shsH be such as may be prescribed; in prescribing the allowances and pension payable to and otherconditions of service of, Lokayukta. regard Shall be had to the allowancesand pensions payable to and other conditions of service of Chief Justice or a Judge of sHigti Court as the case may be; in prescribing the allowances and pension payable to and otherconditions of service of Upalokayukta regard shall be had to theallowances and pension payable to, and other conditions of service of aDistdct Judge InDelhi or a Secretary to the Government or a JointSecretary to the Government of India, as the case maybe .provided further that the allowances and pension payable to, and other conditions of servioa of, the Lokayukta or Upalokayukta shall not be varied to his disadvantage after his appointment. • The administrative exprnises of the office of the Lokayukta andUpalokayuKta Including all s^ades, f^r^^ ^wsnces and pension payable to or tnraspect of persons serving In that office, shall be charged on theConsoiidated Fund of DathL Removal of Lokayukta orLJpatokayukta :• The Lokayukta or Upatokayukta shall not be removed from tits office except by an order of the Lieutenant Governor passed, with the priorapproval of the President and after an address by the Legislative Assemblysupported by a majority of the total membership of the legislative Assembly and by a majority not less than two thirds of the members there of presentand voting has been presented to the Lieutenant Governor in the same session for such removal on the ground of proved misbehavior or In capacity. The procedure for the presentation of an address and for the investigation and proof of the misbehavior or Incapacity of the Lokayuktaor Upatokayukta under sub-sactton(i) shall be as provided in the Judges (Inquiry) Act. 1968 (51 of1988). in relation to the removal of a Judgeand accordingly, the provisions ofthat Act Shall, subject to necessary modifications, apply inrelatlon to the removal of the Lokayuktaor Upatokayukta as they apply In relation to the removal of Judge. MATTER WHICH MAY Be INQUIRED INTO BY LOKAYUKTA OR UPLOKAYUKTA ;- J IN PURSUANCE OF SUB SECTION Z OF SECT1ON13 OR SUO MOTO The Lokayukta may proceed to Inquire Into an allegation made against a public functionary in relation ta whom either the President or Lieutenant Governor Is the competent authority; The Upalokayukta may proceed to inquire into an allegation made againstany public functionary other than that referred to in clause (a); Provided that the Lokayukta may Inquire into an allegation made againstany public functionary referred to In clause (b). Explanation :- For the purposes of this section theexpressions may proceed to inquire and may Inquire includeinvestigation by any person or agency at ^e disposal of the Lokayukta andUpalokayukta in MATTER NOT SUBJECT TO INQUIRY :- THE LOKAYUKTA OR AN UPALOKAYUKTASHALL NOT INQUIRE INTO ANY MATTER which has been referred to inquiry under the Commissions oflnquiry, Act, 1952 (60 of 1952); or relatingto an allegation against a public functionary, if the compiaintis made after expiration of a period of five years from the date on which the conduct complained against Is alleged to have been committed. PROVISIONS RELATING TO COMPLAINTS :- Every complaint Involving an allegation shall be made In such formas may be prescribed and shall be ^bmpanied by a deposit ofRs.500/-(Five hundred rupees). The complainant shall also swear an affidavit In such form as may be prescribed before any office authorized by the Lokayukta In this behalf. Not withstanding anything contained In Section 10 or any other provlslonof this Act, every person who Will fully or maliciously makes any falsecomplaint under this Act,shall, on conviction, be punished with rigorous imprisonment which may extend to three years or with f ne which mayextend to five thousand rupees orwith both and the court may order that out of the amount of fine such sum as it may deem fit be paid by way of compensation to the person against whom such complaint was made. Provided that no court shall take cognizance ot an offence punishable under this section except on a complaint made by or under the authority of the Lqkayukta or Upalokayukta, as the case may be; Provided further that the complaint made under the signature and seal of Lokayukta or Upalokayukta shall be deemed as formally proved and the evidence of Lokayukta and Upalokayukta shall not be necessary for the purpose.i PROCEDURE IN RESPECT OF INQUIRY:-ii The Lokayukta or Upalokayukta shall, In each case before it, decide the procedure to be followed formaking the Inquiry and in so doing ensure that the principles of natural justice aresatisfied. Applicability of Evidence Act and Code of Criminal Procedure t-.! The provisions of the Evidence Act. 1872 (1 of 1872), and the code ofCrlminal Procedure. 1973 (2 of1974), shall as nearly as may be, apply to the procedure of Inquiry before Lokayukta or Upalokayukta in the matter Applicability of Evidence Act and Coder-; Cmn^al Pio-edme Si.No. summoning and enforcing the attendance of any person and his examination onoath; 1, requiring the discovery and production of documents and proof thereof; 2. receiving evidence on affidavits; 3. requisitioning any public record or copy thereof from any court oroflTce; 4. Issuing commissions for examination of witnesses or documents; end such other matters as may be prescribed; Provided that no proceeding before the Lokayukta or Upalokayukta shall be 5. invalidated only on account of want of formal proof if the principles of natural justice are satisfied. proceeding before the Lokayukta or Upelokayukta shall be deemed to bea judicial proceeding within file meaning of sector 193 and section 228 of the Indian Penal Code, 1960 (45 of1960). The Lokayukta or Upalokayukta shall be deemed to be a Civil Court for the Purposes Of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).substituted vide NOtfieaflon dated 24 th September, 1936 Report of Lokayukta and Upatokayukta :- #after inquiry Into the allegations, the Lokayukta or an Upalokayukta is satisfied that sueh allegation is established, he shall, by reportin writing, communicate his findings and recommendations along with the relevant documents, materials and other evidence to the competent authority The competent euthorlty 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 Upalokayukta, the action taken or proposed to betaken on the basis of the report. If the Lokayukta or the Upelokayukta Is satisfied with the action taken or proposed to be taken on his recommendations, he shall close the case under Information to ttiecomplainant, the public functionary and the competent authority concerned.ln any other case, If he considers that the case so deserves, he may make a special report upon the case to the Lieutenant Governor and also inform the complainant concerned. The Lokayukta and the Upalokayukta shall present annually a consolidated report on the performance of their functions under this Act, to the Lieutenant Governor. If in any special report under sub-section (3) or the annua I^port under sub-section (4) anyadverse comment is made against any public functionary, such report shall also contain the substance of the defence adduced by such public functionary and the comments made there on by oron behalf of the Government or the public authority concerned, as the case may be. On receipt of a special report under sub-section (3). or the annual report under sub-section(4), the Lieutenant Governor shall cause a copy there of together with an explanatory memorandum to be laid before Legislative Assembly Subject to the provisions of section 10, the Lokayukta may at his discretion make available fronts me to time, the substance of cases closed or otherwise disposed of by him, or by an Upalokayukta, which may appear to him to be of general public, academic or professional Interest in such manner and to such persons ashe may deem appropriate. STAFF OF LOKAYUKTA AND UPALOKAYUKTA :- Staff of Lokayukta and U The Government shall in consultation with the Lokayukta,provide officers and other employees to assist the Lokayukta and Upalokayukta in the discharge of their functions under this Act. without prejudice to the provisions of sub-section (1), the Lokayuktaor an Upalokayukta may, for the purpose of conducting inquiries under this Act, utilize thi a.any officer on Investigation agency of the Government er the Central Government,with the concurrence of that Government, or b.any other person or agericy. SECRECY OF INFORMATION :- Secrecy of Informatio Secrecy of Information , Sr.No. Any Information obtained by the Lokayukta or tha UpalokayuMa or members of their staff in the course of or for the purposes of any investigation under this Act andany evidence recorded or collected in connection with such information shall betreated as confidential and notwithstanding anything containedm the Indian Evidence Act, 1872 (1 of 1872), nocourt shall be entitled to compelthe Lokavukta or 1. an Upalokayukta or anypubllc functionary to give evldencerelating to such information or producethe evident* so reported or collected. Nothingin sub-section (1) shall apply to foe disclosure ofany information or particulars: 2. a, for purposes of the inquiry or in any report to be made there iai or for any action orpvoceedings to be taken on such report; or b. for purposes of any proceedings for an offence under the Official Secret Act,1923 (19 of 1923), or any offence of giving or fabricating false evidence under the Indian Penal Code or for purposes of any proceedings undersectlon 15; or e. for such other purposes as may be prescribed. ; An officer or other authority prescribed in this behalf rnay givenotice in writing to the Lokayuktaor an Upalokayukta, as the case may be,with respect to any document orinformation specified in the notice or any class of documents so specified that in the opinion of the Government the disclosure of the documents or information or documents or informationof that class would be contrary to public interest and where such a noticeis given, nothing in this Act.shall be construed as authorizing orrequiring the Lokayukta, the Upalokayukta or any member of their staff to communicate to any person any document or information specified in the notice or any document or information of a class so specified. Mo suit, prosecution or other legal proceeding shall be against the Lokayukta or Upalokayukta or against any member of the staff of the office ot the Lokayukta or any office, agency or person referred to lnsub-selon (2) of section 13, ^^^raspect of snyffiing which Is done or intended to be done In good felth under thisAct TLohkee Lyuokkatay utok tma,o ikfe In s tuhgeg deissticohnasr g:-e of his functions under this Act, notices a practice orprecedure which in his opinion afforded ancpportunity for corruption or maladministration, he may bring to the notice of the Government and maysuggest such improvement in tha said practiceor procedure as he may deem fit FOR THE REMOVAL OF DOUBTS :- pi ^ to make Rules a. the authorities for the purposes required to be prescribed under sub-clause (B) of clause (d) of section 2; b- the allowances and pension payable to and other conditions of service of, the Lokayukta and Upalokayukta; c. the forms In which complaints may be made or as the case may be, affidavits may be sworn; d,anyother matter which is to be or may be prescribed in respect of which this Act makes no provision or makes insufficient provision and provision is in the opinion of the Lieutenant Governor necessary for the proper implementation ot this Act. e.Every rule made under this Act and every order issued under section 21 shall be laid as soon as may be after it is made or issued before the Legislative Assembly 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 afore said, the House agrees in making any modification in the rule or order or the House agrees that the rule or order should not be made or issued, the rule or order, shall there after 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 order. POWER OF LT. GOVERNOR TO REMOVE DIFFICULTIES :- If any difficulty arises in giving effect tothe provisions of this Act. the LieutenantGovemor may, by order as occasion requires, doanythlng which appears to him to be necessaryfbr the purpose of removing thedlfUculty; Provided that no such order shall be made alter the expiration of two years from the date of the commencement of this Act. THE FIRST SCHEDULE [ See Section 3 (3) ] I,, having been appointed Lokayukta/ Upelokayukta dc swear in the name of God/solemnly affirm that Iwlil bear true faith and allegiance to the Constitution of Indlaas by law established and I will duly and faithfully and to thebest of my ability, knowledge and judgment perform the duties ofmy office without fear, favour, affection or ill-will. Signature DELHI ^Substitution of new Schedule for the Second Schedule-In the Delhi Lokayukta and Uptokayukta Act 1995 [Delhi Act 1 of 1996), for the Second Schedule, the following Schedule shall be substituted, namely;- The Second Schedule [See Section 5 (7)) After appointment there shall be bald to the Lokayukta and Upalokayukta, in respect of time spent on actual service, saiary at the following rates per men sum, that is to say - jSr.No. |TheSecond Schedule^ is are payable ftgm time to itis hereby declared that nothing In this Acishali be construed to authorize tl Lokayukta or an Upalokayuktato inquire into an allegation against- a.any member of the Judicial Services who is under the administrathffi control of the High Court under Article 235 of the Constitution; b.person who is a member of a Civil Service of the Union or an All India Service or Civil Service of a State or holds a Civil post under the Union or a State In connection with the affairs of Delhi. Provision of this Act to be In addition to any other law for the time being in force ;- provisions Of this Act shall be in addition to the provisions of any other enactment or any rule or law under whlchany remedy by way of appeal, revision, reviewor in any other manner Is available to a person making a complaint under this Act In respect of any action, and nothing In this Act shall limit or affect the right of such parson to avail of such remedy. POWER TO DELEGATE :-' The Lokayukta or Upalokayukta may by a general or special order in writing , direct that any power conferred or duties Imposed on himby or uMar this Acttexcept the power to make inquiry or to reportto the competent authority) may also be exercised or discharged by such of the officers, employees,agencies referred to In section 13 as may be specified in the order. POWERS TO MAKE RULES :•'• jSr.No. |Powers to make ^ul^s y, yj condition of previous publication, make rules for carrying out the purposes of this Act. Inparticular, and without prejudice to the generality of the foregoing provisions, such rules may provide for The Second Schedule (i) a Chief Justice of a High Court In case Lokayukta is appointed from amongst Chief Justices of High Courts in India; (il) a Judge of a High Court in case Lokayukta is appointed from amongst Judges of High Courts in India; Upaiokayukta - Such salary (equivalent to the salary last drawn by the incumbent in his previous post) plus perquisites and allowances as are payable from time to time to- (i) a Secretary to the Government in case Upaiokayukta is appointed from amongst the Secretaries to the Government; (II) a District Judge in Delhi In case Upaiokayukta is appointed from amongst District Judges in Delhi; (iii) a Joint Secretary to the Government of India in case Upaiokayukta Is appointed from amongst the Joint Secretaries to the Government of India; Provided that if the Lokayukta or an Upaiokayukta at the time ot 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 State or any of its predecessor Governments, his salary in respect of sendee as the Lokayukta, or as the case may be, Upaiokayukta, 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 the pension." * Subsi^ted vide Notification No. 14(6)/LA-20O9/Law/18B dated ^5 May ^010 (Come Into force on the 1st day of January 2006) LAST UPDATED DATE :- 03/05/2013I