The Kerala Lok Ayukta Act, 1999

59 THE KERALA LOK AYUKTA ACT, 1999 (Act 8 of 1999) COJ\"'TENTS Preamble Sections: 1 . Short title and commencement 2. Definitions 3. Appointment ofLok Ayukta and Upa-Lok Ayuktas 4 Lok Ayukta or Upa-Lok Ayukta not to hold any other Office. 5. Term of Office and othri conditions of Service of Lok Ayukta and Upa-Lok Ayukta 6 Removal of Lok Ayukta or Upa-Lok Ayukta 7 Matters which may be mvestigated by the Lok Ayukta and the Upa-Lok Ayuktas 4 8. Matters not subJeCt to investigation 9 Provisions relating to complaints and investJgatJOns I 0 Issue of search warrant etc. I I . Evidence I 2. Reports of Lok Ayukta etc. I3. Payment of CompensatiOn 14. Public Servant to vacate office If directed by Lok Ayukta etc. 15 Initiation of ProsecutiOn 16. Staff of Lok Ayukta etc. 17. Secretary of Inforrnauon I8. Intentional msult or mterruptwn to, or bnngmg mto d•s- epute to the Lok Ayukta or an Upa-Lok Ayukta J 19. Power to pumsh for contempt 20 PI ot~twn of actiOn taken m good faith 21 . Pr11secutwn for false complamt 22. Public servants to submit propel ty statement 23 Po~er to make rules 24 Removal of doubb 25. Power to remove dJflicu'lties 26 Repeal and Saving • FIRST SCHEDULE SECOND SCHEDULE 61 ACT 8 OF 199(}* THE KERALA LOK AYUKTA ACT, 1999 An Act to make prouiszon for the appomtment and fwzctzons of certam autlzontzes for makmg enqumer znto arry actzon ( zncludwg any omzsszon and commzJS!on zn comzectzon wzth or a/lS!1lg out of such actzon) relatable to matters specl}ied zn Lzst II or Lzst III of the Seventh Schedule to the ronslltutzon of lndta taken by 01 on behalf of the Gove1nment of Kcwla 01 ce1tam publzc a1tthorztu:s zn the State of Kcrala w tam cases and for matters connected tf.elclhzth 01 anczllary thereto. lll Preamble.-WHERLAS it 1s expedient to make provi~IOn for the appointment and functwns of ccrt,un anthontJes lor making cnquu1es into any action (mcluding any omh~Ion and commi<.>ion m connecuon With or arismg out of ~uch action) relatable to mattei • specified 111 List IJ or Lst III of the Seventh Schcd ule to the Constitution of India, taken by or on behalf of the Government of Kcrala oz CCI tam public scz vants m the State of Kerala m certam case~ and for mattet s < on11e::tcd thet e\\' 1th or ancdlaz y thereto ~ BE it enacted mthc Fiftic1h Ye;,z 0f the Republtc of Indta a'> follows·- I. S!to1t tztle and commcncemmt :-(1) Tim 1\ct may 1-c called the Kerala .Lok :\yuktha Act, 1999. '2) lt shall be deemed to have come zn to foH.e on the 15th da} of November, 1998. 2. Difuutzons -In tlus Act, unlc'>S the context othcrwz~c zcquues,- (a) "dctwn" means any actzon mclucltng admtnJ~tratzvc action taken Ly \Nay of dcci'>IOn, recommendatiOn or findmg oz 111 any othc:r mannc1 v.nd uzclude~ wilful faiiuz c or omz~swn to act and all other cxprc>~zon~ ze latmg to ~uch .tctton shall be CL,mtrncd accordmgly; • (b) "allc~'tt!On", II1 relatiOn to a public sc1 vant, mcam any affirma- tiOn that ~uch pubhc senant,- • (I) has abused 11IS po'>JtJOn a-; ~uch public sci ,·ant to obtam any ~din ot favour to hunsclf or to anv other pet son or to came undue hat m or IIaidship to any other per'5on; ' • (u) was actuated m the dischat gc of his functiom as -;uch public sci vant by personal mtcrc>t Il11PI oper OI con upt motn cs; or 01 "- Rccn,<>ct th\' a~·cnt ol the Piesident on the 4th ddy of Mmch 199!J and pubb~hcd m the Kuala G.1zette E:>..tza Otdmazy l\o 437 dated 1th 1\lazch, 1999. 62 (iii) is guilty of corruption, favoUt i tism, nepotism or lack of integtity in his capacity as such pubhc servant, 1, (c) "Chief Mimste1" means the Chief Minister of the State; (d) "competent authOIIty", m relation to a public sen·ant, means,- (1) m the case of the Ch1ef Mm1~ter or a l'vlember of the State Leg1slature, or an office beat et of a pohttcal party, at the State level, the Governor actmg m h1s discretion, (u) m the case of a Mmister ot See~ ctat y, the Chref Minister; (w) in the case of an officct of the All Ind1a Set vices, employed m connccuon Wllh the afTa u s of the State, the Mm1~tet conce1 ned; • (1v) the. case of a Govc1nment servant, othet than a Sectetary, 111 the Government of Ker ala, (v) m the ca'>e of any other pubhc ~ervant, such authority, as ~­ may be p1 escnbed, (e) "cott uptwn" mcludes anythmg made pum~hable under Chapter lX of the Indtan Penal Code (Central Act 45 of 1860) or under the P1 event JOn of CorruptiOn Act, 1988 (Cent1al Act 49 of 1988), (f) "Government servant" means a .pet son who is a member of the civil serviCes of the State of Kerala or who holds a civil post or servm15 IS in connectiOn With the afTaJrs of the State of Kerala and mcludes any such pe1son who~e services are temporarily placed at the disposal of the Go,·ern ment of Ind1a, the GoYernment of another State, a local authonty or any per son, whethe1 mco1 poratcd 01 not, and also any person m the service of the Central or another State Gove1 nment or a local or. other authority whose ~ervices a1 e tempm arily placed at the d1~posal of the Gover ~ment of Ke1 ala; EJ.planatzou -For the purpose of th1s dause the tctl m 'another State Gove1nment' mcludes the Unwn Tcrntor1es, (g) "Governor" means the GO\, ernor of Kerala, • (h) "glle\·ance'' meam a claim by a penon that he ~ustamcd lllJU~tJce or undue ha1 dshrp m consequence of mal-admmrstra tron; (r) "local autho11ty" mcdns d Panchayat at any level comlltutcd undc1 the Kerala PanchavatRajA<..t, 1994 (13of 1994) Town Pauchayat 01.1 or Mun1c1pa1 Cou nCII or a M u111C1pal C01 at !On comt1t11 ted under the cl p01 Kc1 ala MuniCipality Act, 1994 (20 of 1994); 63 ( J) "Lok Ayukta" mc:ms the person appointed as the Lok Ayul;:ta ~ under ~ccuon 3; (k) "mal-admmi~trauon" meam action taken or pU! p01 ting to have been taken in. the exercise of admm1~tl at1ve funct1ons m any ca~e where,- (1) such act• on or the admmisti ati\'e procedure or practice adopted m such action unre,lsonablc, UI1JUSt, or 1mproperly J'> oppres~1vc discrunmatm y; or (u) there has been \Vilful negligence 01 undue delay taking such 111 actiOn or the admimstrauvc procedure or p1 act1ce adopted m such action mYolves undue delay; (I) "Ministet" means a member of the Council of Mm1stcrs of the State, exclucbng the Ch1ef Muuster; (m) "pohttcal party" means a political patty or group which ha<; rep1 esentauon m Parliament or the Kerala Legislative Assembly, or a Ill pohtical party wh1ch 1s treated as a recognised pohttcal party m accordance W1th paragraph 6 ot the ElectiOn Symbols (Resc-rvatwn and Allotment) Order, 1968 or a political party registered under sectwn 29A of the Repre sentation of People's Act, 1951 (Central Act 43 of 1951), (n) "prescnbed" means prescnbed by rules made under thi~ Act; ( o) "pubhc se1 vant" means a person who 1s or was at any time,- (1) the Chief Mmi'>tcr; (u) a Minister, (m) a member of the Legis! a tive Assembly of the State of Kerala; (iv) a GO\&lllmcnt sen·ant; • (v) the Chairman and the Vice-Chairman (by whate\'er name called) or a mem.t>er of a local authonty in the State or a statutory body or corporatwn establiShed by or under any law of the State Leg1slature, mcluding a co-opcrat1vc society, or a Go,ernment Company withm the mcanmg of section 617 of the Companies Act, 1956 (Central Act l of 1956) and suchoother CorporatiOns or Boards, as the Government may, having regard to 1ts financial ·interest, in such CorporatiOns or Boards, by notification, from time to time, specify; (vi) a member of a Committee Board or Authority or Cor Ol' poration, :~tatutory or non-statutory, constitutted by the Government of Kerala; 64 (vii) a per~on in the ~e1 vice or pay of,- (A) a local authonty in the State; (B) a statu tot y body or a cOt·potation (not being a local authority) estab!tshcd by or under State or a Central Act, owned or controlled by the Govei nment of Kerala and any other boat d or co1 porauon a~ the Govern ment may, havmg tcgard to Jt~ finanCtalmtetcst thc1em, ~pcc1fy, by_nott fica uon 111 the Gazette f10m tune to ttme; (C) a company rcgbtcred under the Compamcs Act, 1956 (Central Act 1 of 1956), 111 whtch not les~ than fifty-one pet cent of the pa1d up share cap1tal 1s held by the Govct nmcnt of Kerala or any company which a subsidiary of such company; IS (D) a soc1ety egistered or deemed to have been reg1stered under 1 the Travancore-Cochm Lttet at y, SCientific and Chan table Societies RcgJstra twn Act, 1955 (XII or 1915) or the Soc1ettes Regtstratton Act,· 1860 (Central Act 21 of 1860), whtch 1s subJect to the control of the Govcinmcnt )>. o! Kerala and which~~ notified, 111 this behalf, mthe Gazette; (E) a co-operatiVe soc1ety, (f) a U n1versity, Explanatzon.-In this clau,e, "co-operative society" mean~ a co-operative soctety registered or deemed to have been registered under the Kerala Co-operative Soctetie, Act, 1969 (21 of Jg69) and "Univers1ty" means a Umversity establi~hed by or under any law of the State of Kerala; (vui) the Pres1dent, Secretary or Treasurer or any other office bearer of a trade umon reg1stei ed under the Ind1an Tr~de U mons Act, I 926 (Central Act 16 of 1926), • (ix) the Chairman 01· Vice-Chait man Qf President or Vice-Pre~1dent or Sect etary or Treasurer or any other office bearet of a pohttcal party, at the Dtstnct or State level, (x) the Chairman or Manager or Seer eta1 y or Corr~spondent ha,·ing control over the admmistratwn of a puvate school, whether under md1vidual or COiporate management, which receives or has received a1d or grant from the Government under the Kerala Education Act, 1958 (6 of 1959). and the rules made thereunder; 65· (x1) the Chan rnan Manager Sec1 eta ry or Correspondent 01 OI' havmg control O\'Cl' the admuustrauon of a puvate college, 'I'Vhethcr under unitary 01 c01porate management, which ~~ affiliated to a Un1versJty m the State and is governed by the P11vate Affiliated College~ (Arts and Science Colleges) Staff Dn ect Payment ofSala1 y Rub 1972, (xi1) the Chau man or ?\1anager 01 Secretary or Correspondent ha\·mg contiOl over the admuustratwn of a pnvate college, whether under unitary or corporate management, affiliated to a UmveisJty m the State and whtch cce1ves aid or g1 ant f10m the GO\ crnmcnt of Kc1 ala; or 1 (xm) the Chai1 man 01 M,magcr 01 Scc1etary or Correspondent having contiOI the admmistration of a Pu\'ate Engmeeung College or O\'CI Puvate Polytechmc, whethe1 under umtai y or corporate management, affli1ated to a U mvcrs1ty m the State or the State Boa1 d of Techmcal Exammatwn, Kerala, as the case may be and ~~ governed by the Rules for Payment of Salane~ to the Staff of the Pm ate Engmecung Colleges and Polytechmcs, 1972, (p) "Secretary" means a Secretary to the Govelluncnt of Kerala and includes a Cluef Secretary, an Add1tional Cluef Secretary, a Prmc1pal Secretary, a Special Secretary, an AdditiOnal Secretary and ajomt Secretary; ( q) "State" means the State of Ket ala, (r) "Upa-Lok Ayukta" means a pe1 ~on appomted at Upa-Lok Ayukta under section 3. 3 Appouztment of Lok Ayukta al!d Upa-Lok Ayul.tas.-(1) F01 the purpose of conductmg InvestigatiOn> and mqun1es m acco1 dance Wtth the provisions oftlus Act, the Governor shall appomt a pe1son to be knowu a~ Lok Ayukta and two other. persons to be known as Upa-Lok Ayukta~. (2) A peltson to be appointed as Lok Ayukta shall be a person who has held the office of a Judge of the Supreme Court or that of the Chief Justice of a H1gh Court and shall be appOinted on the adv1ce tendered by the Chtef Mmister, m con~ultation with the Speaker of the Legislative Assembly of the State and the Leader of OppositiOn m the Legislative Assembly of the State, (3, A person to be appomted as an Upa-Lok Ayukta shall be a person who holds or has held the office of a Judge of a H1gh Court and shall be appomted on the adv1ce tendered by the Chief Mmtster m consultatiOn With the Speaker of the Lcgi~latrve Assembly of the State and the Leader of Oppos1t10n m the Legislative Assembly of the.State. 34j2483j2000JMC. 66 Provided that the Chirf Ju~tice of the High Court concerned shall be consulted, if a sitting judge is appomted as an Upa-Lok Ayukta. (4) A person appointed as Lok Ayukta or Upa-Lok Ayukta shall, before entermg upon his office, make and subscribe, before the Governor or a person appointed by him in that behalf, an oath or affirmation in the form set out for the purpo~c in the First Schedule 4. Lok Ayukta Upo-Lok Ayukta not to hold mry othet office.-( I) The Lok 01 Ayukta or the Upa-Lok Ayukta shall not be a member of the Parliament or of the Legislature of any State and shall not hold any office of trust orprofit (other than lm office as Lok Ayukta or Upa-Lok Ayukta) or carry on any bu~iness or piactice any profession and accoidingly, before entering upon his office, a person appointed as the Lok Ayukta or an Upa-Lok Ayukta shall, if he practismg any legal profession. suspend practice of such IS profession. (2) A person who has been a member of a political party at any time durmg the penod of fixe years, immediately prccedmg,- (a) the commencement of this Act, in the case of first appoint ment, after such commencement; or (b) the date on which the vacancy has arisen, m the case of any subsequent appointment; I shall not be eligible to bt> appointed a~ the Lok Ayukta or an Upa-Lok Ayukta. i 5. Term of offzce and other condztzons of servzce of Lok Ayukta and Upa-Lok • I , .Ayukta.-(1) A person appomted as Lok Ayukta or Upa-Lok Ayukta shall I hold office for a term of five years from the date on which he enters upon his ~ office· • I • Provided that- (a) the Lok Ayukta or an Upa-Lok Ayukta rrt'ay, by writiRg I under his hand and seal addressed to the Govei nor, resign hi~ office, ! (b) the Lok Ayukta or an Upa-Lok Ayukta may be remove61 from ' his office m the manner provided m st>ction 6. (2) A person who holds office as the Lok Ayukta or an Upa-Lok Ayul.ta shall, on the expiration of his term of office, be mehgiblc for reappointment to that office. 67 (3) On ceasmg to hold office, the Lok Ayukta or an Upa-Lok Ayukta shall not be eligible for further employment to any office of profit under the Government or m any authonty, corporation, company, society or umveristy referred to in item (vn) of clause (o ) of section 2. ( 4) The salary and allowances payable to, and other conditions of service of, the Lok Ayukta 01 an Upa-Lok Ayukta shall be such, as may be prescnbcd. Provided that- (a) m p1escribmg the salary and allowances and other conditiOns of serv1ce of the Lok Ayukta, regard shalt be had to the salary and allowances and other conditiOns ofserv1ce of a Supreme Court Judge or of the ChiefJ ustice of a H1gh Court, as the case may be, (b) in prcscribmg the salary and allowances payable to, and other conditiOns of service of, the Upa-Lok Ayuktas, regard shall be had to the ~alary and allowances payable to, and other condltlons of service of a Judge of a High Court: Ptovtdcd further that the salary and allowances payable to, and other condltlons of se1 v1ce of, the Lok Ayukta or an Upa-Lok Ayukta shall not be varied to h1s disadvantage after IllS appointment. (5) The expenditure m respect of the salanes and allowances of the Lok Ayukta and the Upa-Lok Ayuktas and the admin~trative expenses of the offices of the Lok Ayukta and the Upa-Lok Ayuktas mclud.ing all salaries, allowances and pensions payable to, or m respect of the persons serving in that office, ~hall be charged on the Consolidated Fund of the State. '6. Removal of Lok Ayukta or Upa-Lok Ayukta -(1) The Lok Ayukta or an Upa-Lok 4yukta shall not be removed from h1s office except by an order of the passed after an address by the Legtslative Assembly of G~vernor, the State, supported by a majority of the total membership of the House and by a maJonty of not less than two-thirds of the members of that House present and voting, ha•s been presented to the Governor m the same session for such removal, on the ground of proved misbehaviOur or mcapaclty. • (2) The procedure for the presentation of an address and for the invest1gat1on and proof of the m1sbehavwur or mcctpaCity of the Lok Ayukta or an Upa-Lok Ayukta under sub-secuor. (I) shall be as provided m the Judge~ (lnqu1ry) Act, 1968 (Central Act 51 of 1968), m Ielatwn to th<' removal of a JUdge and acco1 dmgly, the provisions of that Act ~hall mutat11 mutandts apply m relatiOn to the removal of the Lok Ayukta and the Upa-Lok Ayukta, as th~y ~pply Jill elation to the 1e mo,·al of a J udgc. (3) Not\vithstandmg anything contained in sub-section (I) or sub sect1on (2), an Upa-Lok Ayukta appointed, hom among the stttmgjudges of -=' the H1gh Court, shall not be removed, ell.ccpt m like manner and on the hke g10unds, as aj udge of a High Court. 7. lvlattcrs wll!ch IIWJ' be wvesttgnted b)' the Lok Ayukta and the TJpa-Lok A]uktar.-( I) Subject to the pt ovtsJons of thts Act, the Lok Ayukta and one of the Upa-Lok Ayukta~, as may be nommated by the Lok Ayukta for the purpose, may uwestigatc any action wh1ch 1s taken by or with the gcne1al or spcctfi.c apprO\al of- (1) the Cluef Mm1ste1, or (11) a Mmi~te1, or (m) a Membet ofthc State Leg1~lature; 01 (tv) a Sccretat y; or (v) an ofTlce bearer of a political party at the State le\ el, or (' i) an ofllcc1 refe n cd tom sub-clause (tii) of clause (d) of sectiOn 2, in any case where a complaint involving a gncvance or an allegation is made m respect ofsuch action and where thetc ~~difference ofopmwn between the Lok Ayukt,l and the Up<t-Lok AyuJ..ta a~ so nommatcd, the action shall be 111\'c~t•gated by the Lok Ayukta and both the Upa-Lok Ayuktas tol{cther and the dect~1on of the majonty therem shall preva1l. (2) SubJeCt to the proviSions of this Act, an Upa-Lok Ayukta may investigate any actJOn wh1ch 1s taken by, or \\11th the general or specific approval of, any public servant not bemg the Ch1ef Muuster or a Mm1~tet or a Member of the State LegJ~latuJ e 01 a 'Sec1 cta1 y or an office bearer of a pohtJcal party at State level or an officer rcfen cd to sub-clau\e (Ill) of 1t1 clause (d) of sect Jon 2, m any ca~e where a complamt mvCJ!vmg a gr1cvancc or an allegauon ~~ made' m 1C 'Spect of such actiOn~ or such action can be 01 could have been the opmwn of the Upa-Lok Ayukta, the stlf>JeCt of a g1 Je\'ancc 111 or an allegation. (3) Kotwllh'>tandmg anythmg contamcd 111 ~ub-sect10m ( I)• and (2), ._, the Lok Ayukta 01 an Upa-Lok Ayukta may mvest1gate any actton taken by I or wJth the general 01 speCific a pp1 oval of a pu bhc sen ant, if It 1s 1c fen cd to !11m by the Govc1nment (4) The Lok i\yukta may, by gPncral ot ~pcc1dl order, ..lSs1gn to each ot the Upa-Lok Ayuktas the matters \\'luch may be 111\ e~ugatcd by them unde1 th1s Act. 69 (5) Notwithstanding anythmg contamcd in r~ub-sections (I) to (4), when an Upa-Lok Ayukta ~~ unabw to dJ~cha1ge lm functiOns owmg to absence, illness or any other cause, his functiOns may be discha1ged by the othci Upa-Lok Ayukta, and m the absence of both, by the Lok Ayukta. (6) NotWJthstandmg anythmg contained m any other provisions of th1s Act, no mvcstJgatwn made by an Upa-Lok Ayukta under this Act and no actwn taken or thing' done by him m 1e spect of such mvestJ gation shall be open to qurstion on the ground only that such mvesti gatJon relates to a matte! wh1ch ~~not a3~Jgncd to huu by such order. ( 7) F01 the removal of doubts, 1t is heu: by cl,l.l Ifi.cd that the term 'LokAyukta' whcreHT 1t i~ used m this Act, in Jclatwn to any of these pe1som 1efe1red to Ill sulHcctwn (I), ~hall mean the Lok Ayukta and, dS the case may be, onC" or both of the Upa-Lok AyuktJ.'> a~ fJIOVJded Ill that su h-sectJon. 8. A1atto s 1.ot subJect to nu,cstzgatum -(I) Except as he1 em after p1 O\· 1ded the Lok Ayukta or an Upa-Lok Ayukta shall not conduct any mYe~tJgation under th1s Act, m the case ol a complamt 1nvolving a gnevancc 111 1espect of any action, 1f ~uch actiOn relate<; to any matter specified 111 the Second Schedule. (2) ThC' Lok Ayukta or an Upa-Lok Ayukta shall not Jm·estigdte, (a) any action 111 respect ofwhich a f01mal and public mqUiry has been orde1ed With the pnor eoneullence of the Lok Ayukta or an Upa Lok Ayukta, as the case may be, (b) any action m1e~pect ofamatterwhtch hasbeenrcfettcdto mqu11 y under the Commmwns of Inquu y Act, 1952 (Cent1al Act 60 of 1952), (c) any comr-Iaint lllYciYmg an allegatiOn made afte1 the cxptry cf five veat ~ froth the date on wh1ch the actiOn complamed aga1mt ~~alleged to hav; taken•pbce PIOvided •hat a complamt 1e fe11 ed to m clause (c) may be cntet tamed by the Lok Ayukt;, or an Upa-Lok .t\yukta, as the c:tse may be, after the c'\ptry of the pe11od tefet red to 111 the satd clause, If the complamant satisfie~ that he had sulhoent cause f01 not makmg the comrlamt withm the pet wei \peCt!'icd m that cl,ll!~e (3) In the ca~e of any compJ,unt IIIYolvm!j a ~!levance, nothmg in tlm .\ct shall be construed z~ cmpo\ICIII1g the Lok Ayukta 01 an Upa-Lok :\yukta to qucstton any admmt~tl atti'C actiOn mvoh mg the exet ctse of a ch~ctctJOn, exc<'pt whe1c he 1s satJ~frcd that the clemenb llll'oived 111 the C'\crct~(' of the d!\Clction ,u e ab~cnt to 5l!Lh ,til C'\tent that the th~u rtwn can przma-faC/6 be egarcled as ha\ mg been unpropcdy CJsed. 1 C'\CI 70 9, ProvislOI!S 1elatmg to complamts and znvestzgattons .-(I) Subject to the provt~ions of this Act, any pet son may make a complamt under this Act to the Lok Ayukta or an Upa-Lok Ay~kta. (2) Every complaint shall be made tr. ~uch fot m and m such manner, as may be pt e~cribed, and shall be sup pot ted by an affidavtt. (3) Whet e the Lok Ayukta or an U pa-Lok Ayukta proposes, after making such preltminary mquu y as he deems fit, to conduct any invcsttgation under this Act, he- (a) shall fonvard a copy of the conljJia!llt to the public set vant and the competent authonty concctnecl; I (b) shall afford to such publtc ~et vant, an opp01 tumty to offer •' his comments 0.1 such complamt, (c) may make <;uch ordcts as to the ~afc cu<;tody of documents relevant to the m\esttgatwn, as he deems fit. ( 4) Save as afot csatd, the procedure for conductmg any such mvesti- ~ gatwn shall be 3uch, and may be held, etther m pubhc or m camera, as the Lok Ayukta the Upa-Lok Ayukta, as the case may be, constders appro- 01 pnate m the Circumstances of the case. (5) The Lok Ayukta or an Upa-Lok Ayukta may, hts discretion, 111 refuse to mve<tJgate or dtscontmue mvesttgation of, any complamt mvolvmg a gncvancc or an allegation, tf m his opinwn- (.1) the complamt JS fnvolom or \·exatious ot ts not made m good faith; (b) there ate no sufficient grounds for mvesttgatmg or, as the case may be, fat eontinutng the invest1gat10n; or • (c) ether remc>dJC~ J.t·e avat!ablc to the compl:.tn<!nt and m the circumstances of the case 1t would be mot c p!Opcr for the complamant to avatl of such t cmcdtes. • (6) In any case where the Lok Ayukta or an Upa-Lok Ayukta dectdes not to er..te1 tam a comp!J.lllt or to dtscontmuc any mve<;tJgatwn m respect of a comp!aJilt he shall rcc01 d hz~ reasons thet cfor and commun.cate the ,~ same to the complam2.nt ,wd the pub!Jc ~ervant concerned. (7) The conduct of an tnvcsltgatton under tht~ Act agatnst a publtc o;cz vant m n:~pect ol any <lCllon ~hall not afTt:ct ~uch act10n ot any powct or duty of any other pubhc ocrvant to t.tkc lut thc1 act10n Wtth respect to any mat tcr ~UbjCCl tv Ill\ CStl~dtJ~. I I ) 71 (C) In C\'ery proccedint; br-ic)J"e thr Lok Aynkta or an Upa-Lok Avukta under this Act, the State shall be made a party thCI eto and the G~vet nment shall appomt a Spcctal Attm nry and one 01 mm e c;cn10r Government Pleadets to tcp1esent the Govetnment before the Lok Ayukta or an Upa-Lok Ayukta, as the case may 1)(·, on the tcrmc; and condttJons preset bed : 1 Provided that it ~ball not be necc,~arv that state ~hnuld be made a ;I party m cases where Govct nmcnt mtrr ests c not tm olvcci. 10. Issue of :,emch wa11ant rtc.-(1) Where m comequenre of infor mation in IllS posse~swn, the Lok Ayukta 01 an Ura-Lok Ayukta,- (a) has reason to bche\·c that any person- (t) to whom a summons or notice under tht; Act has been ot mtght be issued, wtll not or Vvould not produce or cause to be pt educed any property, document or thmg which wtll be necessary or useful for, or relevant to, any inquit y or other proceedtng to l'e conducted by him, (ll) 1s m possession of any money, bullwn,Jewcllery or other valuable article or thmr, and such money, bullwn, Jewellery or other \'aluable arucie or thmg represents, etthet wholly or partly, mcome or property whtch has not been disclo~ed to tht> authot ittes for the purpose of any law or rule m force, wluch requu es such dtsclosure to be made; or (b) consider that the purposes of any mqUJry or other proceedmgs to be conducted by htm Wtlt be served by a genet a! search or mspection, he may be by a search wa!fant authorise any Pohce Officer, not below the rank of a Deputy Superintendent of Pchce, to conduct a search or carry out an inspectiOn m accordance thereWith and in particular to- (A) enter "nd search any butldmg or place where he ha5 reason to suspect tha~ such property, document, money, bullion, JCWellery or other valuable arttcic or thmg kept; JS (B) sear~h any pet son who :s 1 cason!l bly suspected, of concealmg about lm person any at ttcie, for wh1ch search should be made; ~) break open the lock of any door, box, locker, ~afe, almirah or other receptacle, for exerc1sing the powers conferred by item (A), where the key~ thereof are not available, (D) seize any such property, document, money, bulhon,jewellery or other valuable article or thing found a~ a. result of such search; 72 (E) place mat k~ of iclcnttfication on any propct ty ot· documcn l or make or cau~c to be 111:1d~ C\tract ~or COj)JC.> thct ell om; or (F) make a note or an mventot y of any such pzopcz ty, document, money, bullzon, Jewellery or other\ aluctblc az t1clc thmg. 01 (2) The ptOVJSIOnsofthcCodc ofCununa!P10cedute, 1973 (Ccnua1 Act 2ofl974), relatmg toscarch andsetzure shallapply,sofarasmaybe,to scat chcs and scrzurcs under sub-sccuon (I). (3) A wat rant I'><;ucd undenub-<;cctioa ( 1) foz all put po<;es be deem~d to be a wan ant J~sucd by a court under scctwn 93 of the Code of Crimmal Procedure, 1973 (Central Act 2 of 1974). II. Evzdence.-( I) SubJeCt to the pt ovtstom of thts sect ton, for the purpose of any mvestJgat,on (mdudmg the preliminary mqu1ry, rl any, before '>Uch mvcstJgatwn) under t!Hs Act, the Lok Ayukta or an Upa-Lok Ayukta may reqUire any pubhc servant or any othrr person who, m hts opmton, is able to furntsh mformatton or produce documents relc\·an• to the investtgatton to furmsh any such mformatwn or produce any such document. (2) For the purpose of any such investtgatton (tncludmg thr pt eluni nary inqUiry), the Lok Ayukta or an Upa-Lok Ayukta shall have all the powers of a Ctvtl Court, wl11lc ti ymg a SUit under the Code of Ctnl Procedure, 1908 (Central Act 5 of 1908), m tespect of the follO\vmg matters, namely:- (a) summoning and cnforcmg the attendance of any person and examtnmg htm on O(l.th, (b) requitmg the dJscoveiy--::nd pwduct1on, of any document; (c) receJVmg ev1dence on affidavtb, (d) requtsittOnmg any public recot d or copy thet cof fz om any court ot offict>; (c) tssutng commJs>wn for the examinatiOn of witnc%es or • document~, (f) such other matters as may be pt escnbed. • (3) Any proceeding before the Lok Ayukta or an lJpa-Lok Ayukta shall be deemed to be a JUdtcial proceedmg wJthin the meantng of sectJOn 193 of the Indian Penal Code (Centtal Act 45 of 1860). (4) No person shall be tequued or authorised by vtrtue oft?l.is Act ,..,... to furntsh any such mformattOn or answer any such questwn or produce so much of any document,- ( a) as Imght ptejud!Ce the affans of the State or the security or defence or mternatJOnal relations of Indta (mcludmg Indta's relation Wtth the Government of any other country or W1th any 1nternat10nal organisation); 73 (b) as might im·olve the disclosure of proceedmg; of the Cabinet of the Government of Kerala or any Committee of that Cabinet and for the purpose ofth1s sub-section a certificate I%ued by the ChiefSecretaq certifymg that any Infm mat ion, answer or portion of a document is of the natUI e specified m clause (a) or clamc (b) ~hall be bmdmg and condu~nre ( 5) For the purpose of mvesugauon under this Act, no person. shall be compelled to g1ve any evidence or produce any document wh1ch he could not be compelled to g1ve or produce in proceedings before a court. 12 Reports of Lok Ayukta etc.-(1) If, after invest1gatwn of any act•on in re~p('Ct of which a complamt involvmg gu<>vance has been made, the Lok Ayukta or an Upa-Lok Ayukta IS satisfied that such action has resulted m !11JUStiCe or undue hardship to the complamant or to any other person, the Lok Ayukta or an Upa-Lok Ayukta shall by a report m wntmg, recommend to the competent authonty conct>rned that such lfiJUStice or hardship shall be 1e med1ed or redre~sed m such manner and within such time, as may be specified m the report c1nd also mtimate the complamant about Its havmg made the report. (2) The competent authonty to whom a report is sent under sub section (I) shall, WJthm one month of the ell.piry of the penod specified I.ll the 1 ep01 t, mtmute or cause to be IlltJmated, as the case may be, to the Lok Ayukta or the Upa-Lok Ayukta the act1on taken on the report. (3) If, after invesugation of any actiOn m respect ofwhich a complaint involving an allegation has been made, the Lok Ayukta or an Upa-Lok Ayukta ~~ satisfied that ~uch allegatiOn IS substantiated, either ""holly or partly, he ~hall, hy 1e p01 t m WJJtmg, commumcate Ius findmgs and recommendation~ along with the rcle\'ant document~, mateuab and other evidence to the competent authouty and also mwnate the complamant about Its havmg made the rl'port. (4) The competent auth01ity ~hall exarrune the rep01t forwa1ded to it under ~ulHect~m (3) and, wJthm th1ee month~ of the date of 1e ce1pt of' report, inumat~ or c.-tuse to be mumated to the Lok Ayukta or the Upa-Lok Ayukta, a~ the ca~e may be, the action taken or pwposed to be taken on the basiS of the repf41 t. (j) If the Lok Ayukta or the Upa-Lok Ayukta is sati~fied With the action taken 01 p1 oposcd to be taken on Ius 1c commcndat1ons or findmgs rcfcrrc!d to Ill sub·secuons (I) and (3), he ,hall close the case, under Intunat!On to the complamant, the pub he se1 vant and the competent authority concerned; but where he not so satiSfied and 1f he considers that the case so deserves, IS he may make a special report upon the case to the Govc1 no1 and also mform the competent authonty concerned and the complainant. 34j2183f2000i ~viC. 74 (6) The Lok Ayukta shall prc~enL annually a con~ohdated 1e port on the performance of his functions a~ well as the functwn• of the Upa-Lok Ayuktas, to the Go,·crnor. i (7) On receipt of the '>pccial report under sub-'>ection (5) or the annual report under ~ub-~ecuon (6), the Governor shall cause a copy thereof, togeth~r with an explanatory memorandum, to be laid before the Legislative A<;sembly. (8) The Lok Ayukta 01 an Upa-Lok Ayukta may, at hi'> discretion, make available, from time to tunc, the '>Ubstance of cases closed or otherwise disposed of by h1m which may appear to l11m to b-:: of general, pubhc, academic or profe.;swnal intere'>t, m such manner anq to such persom, as he may deem appropnate. I 3 Pa)'ment of compensation.-If the Lok Ayukta 01 an Upa-Lok Ayukta ( is satisfied that,- ( a) all or any of the allegations made in a complaint have or has been substantiated, either wholly or partly; and \ I (b) having regard to the expenses in cUI red by the complainant Ill relation to the proceedmgs m respect of such complaint and all other relevant circumstances of the case, the complainant deserves to be compensated, the Lok Ayukta or an Upa-Lok Ayukta, as the case may be, shall determine the amount, wh1ch ':lhall be paid to the complainant by way of compensation aPd the Lok Ayukta or an Upa-Lok Ayukta, as the case may be, shall determine the pen0n by whom, the said compensation shall be paid, after giving that person a 1casonable opportunity of being heard. 14 Pub be Servcnt to vacate office if dzrected b)' Lok Ayukta etc.-(1) Where, after investigation into a complaint, the Lok Ayukta or an Upa-Lok Ayukta is satisfied that the complamt involvmg an allegation agamst the public se1vant sub;tantiated and that the public servant concerned should not IS contll1ue to hold the post held by him, the Lok Ayukta or the Upa-Lok Ayukta, as the case may be, <;hall make a declaration to that effect in hi~ report unde1 sub-section (3) of section 12. Where the co~nQ.etent author1ty 1s the Governor, the Government of Kerala or the Chief Nlmister, he or it :.hall accept the decla1 ation. In other cases, the competent authority concerned shall .end a copy of such report to the Governm~nt, wh1ch shall accept the declaration. I (2) When the declaration '>O made is accepted thr fact of such accep tance sl>all immed1ately be mtimated by registered post, by the Gove1 nt>r, the Gove1 nment or the Chief Minister, if any of them ~~ the competent authonty and the Gove1nment, in other cases and then, notwithstanding anything ! contained m any law, order, notificatiOn, rule or contract of appointment, the pubhc servant concerned shall, with effect from the date of intimation of such acceptarce or deemed acceptance of the declaration- 75 (i) if he i> the Chief Minister or a Mm:ster, re<:ign his office of Chief Mm1stcr or Mm1ster, as the c:ue may be; (ii.) if he Is a public servant falling under items (v) and (v1), but not faihng under Items (1v) and (vu) of clause (o) of ~ection 2, be deemed to have vacated Ius office; and if he ~ a public servant falling under items (iv) and (vii) ,f dame (o) of section 2, be deemed to have been placed undc1 suspension by an order of the appomtmg auth01ity and the appomting authority shall initiate apprcpnate action m accordance WJth the rules applicable to such pubhc ~crvant: Provided that 1f the pubhc ~ervants i~ a member of an All India Service as defined iP section 2 of the All India Services Act, 1951 (Central Act 61 of 1951), the Gov·~rnmeat ~hall take actiOn to keep hun under suspension and initiate appropnate action, m acc01dance with the rule~ or 1cgulations app!Jcabie tO hiS SCI VICe. I 5. Imtzatzon of Prosecutzon.-NotWJth~tandmg anythmg contained in ~ection 14, if after !11\ cstus-auon into any complaint, the Lok Ayukta or an Upa-Lok Ayukta 1s satisfied that the public servant has committed any CI iminal offence and that he should be prosecuted m a court oflaw for such offence, then, he may pa~s an order to that effect and mit~ate p10secution of the pubhc servant concewed, 1f there ~~ no necessity for prior sanction; and, if pnor sanction of any authonty is required, with the ~anction of the appro priate authonty. l!.xplanatzon:-FOJ the purpose of th1s ~ection,- (a) 'mve~tJgation' mean~ the coUection of evidence rega1dmg the COil rctne<;> or otherwJ~e of the a !legation or gncvance, • (b) 4nitiation of prosecutiOn' means the fihng of a report or a complamt before a court of competent JUrisdiction to take cognisance of an offence. • 16 Staff of Lok Ayukta, etc.-( l) The1 e shall be such officers and employees, as may be prescnbed, to ass1st the Lok Ayukta and the Upa- Lok t.yuktas in the d1scharge of the1r functiOns under th1s Act. (2) The catego11e~ of officers and employees 1c fencd to in su b-sectwn (I) and their appomtment and other condltlon<> of service mcluding such special conditiom, as may be necec;sary, for enablmg them to act Without fear in the discharge of the1r functwns, shall be such, as may be presc1ibed, in consultation with the Lok Ayukta. 76 (3) Without prejudice to the provisions of sub-sect10n (I), the Lok Ayukta or an Upa-Lok Ayukta may, for the purpose of conducting investi gations under this Act, ut1lisc the services of,- (a) any officer or mvestJgatmg agency of the State Govewment; or (b) any officer or investigating agency of the Central Government, With the orior concurrence of that Go,ernment; or (c) any othe1 agency. (4) The office1s and other employees zefclled to in sub-section (I) ~hall be under the admmistrdtive and d1sciplmai y control of the Lok Ayukta: Pz O\ 1ded that when the Lok Ayukta i~ unable to d1~chargt: h1~ functions owing to absence, 11lness or any other cause, the sen101 among the Upa-Lok Ayuktas may d.zsch.u·gc the funcuom of the Lok Ayukta under th's sub-sectwn 17. Sccrcryufwfurmatwn.-(1) Any mfozmation obtctincd bythc Lok Ayukta or an Upa-Lok Ayukta or membez'> of hi~ staff, m the cou1se of, 01 for ,.... the pm pose of: any investigauou unde1 this Act and any e\ldencc 1c corded or collected m connection with such information, shall be treated as confiden t1al and no couz t shall be entitled to compel the Lok Ayukta or the Upa-Lok Ayukta or any pubhc <>ervant to gzve evidence relatmg to such mformat1on or to produce the evidence so recorded or collected. (2) Nothing in wb-section (I) shall apply to the disclosm e of any informat10n or paz ticulars referred to therein,- (a) for the purpose of mvestigatwn or for any 1e p01 t to be madt' thereon or for the purpose of any actzon or p1 ocecdmgs to be taken on such report under section 12, (b) for the purpose of any proceedmgs for an •offence under the Official Secrets Act, 1923 (Central Act 19 of 1923), or an ol!fence of givmg or fabricatmg false endence under the Indzan Penal Code (Centz al Act 45 of 1860) or for the pmposes of tzial of any offence undez soctwn 15 or any proccedmgs under section 18; or (c) for such other puzposes as may be pze>CIIbed. • 18. Jntentzonal znsult or mte"uptzon to, or brmgmg wto dzsrepute to the Lok Ayukta or an Upa-Lok Atyukta -(I) Whoeve1 intentionally msults or cau~es any mterruption to the Lok Ayukta or an Upa-Lok Ayukta, wlule the Lok Ayukta or the Upa-Lok Ayukta 1s conducting any mvesugation or mqu1ry under tl11S Act shall, on conviction, be punished with sunple unpnsonment for a term which shall not be less than six months but which may el...tend to one year 01 with fine, or With both. (2) Whocve1, by word~ 'poken or mtrndrd to br 1ead, makes 01 pub!Jshe~ any statement or doc\ any other J.Ct, vvhJCh 1s calculated to bring the Lok :\vukta or an Upa-Lok Ayukta mto d1srcputc, shall, on conviction, be puni-;hed w1th sunplc 1mpn~onmcnt J()r <1. tc1m wh1ch shall not be Irs\ than six month~ but wluch may C"Xtend to onr· year or wah fin'~, m with both. (3) rhc !)IOvi<;in•l'> of<;eCl!Oll 199 of the Code ofCrJJHin<ll PIOccdurc, D73 (Ccntr,ll Act 2 of 1974), .,hall <lpj1ly 111 relatiOn to .m offence under '>Ub-'>cctJon (1) or ~ub-s-::ct10n (2), a~ tht•y apply in Jci.ilwn to an offence 1c fcrrcd tom sub-s•·ctinn ( 1) of the ~a1d ~ccuon, '>ll bjcct to the mocbficat10n that no co,npl.tiJ~t m respect of ~uch offence .,hall he m:~de bY the 1\d)IJC Pro~ecutm e'\Cl pt with t!w PI C\'Hill~ ~·LllClJO!l or the Lok. Ayllkta or the concclncd Up.t-Lok Ayukta: Plo\'Jtlcd that thC' Covtl may, fo1 aJequatc and '>pco.11 1easom, to be l<'COJ,I~c!In tlJI' Jvdgcmcnt, unp"~c .tk·,~:c-c scntC!LCflf unp!!'iOnmc•lt<>n•l fine. 19. f>owo to pumsh (01 contcmp! -The Lok Ayukta anrl. the Up..t-Lok AyPkt.t'> -,h.lll ha\ c .md cxrro'>c the <;amc JUI ~<;diction, po'' cr am! autho11ty m I<.:,p-:ct of contempt o( 1bclf, a<; the lltgh Court k·~ and may exricl\c and fo1 this put po~e the pro,·Isions of the Contempt of Courts i\o::t, 1971 (Cen•ral Act 70 of 1971), ~he.! I haYc < ffcct subjeCt to the mo<hfir,ttion th«t the reference tho em made to the l hgh. Cow t sh ..d l be com trued tP be 1e le1 C!lCe thcrcm mJ.de to the Lck Ayt•kt<'- <>nd the U!)a-Lok Avukta~, ,,., the cc.~e may be. 20 P1otec/zrm oJ acltnn taken zn gond fallh -(1) No '>Hit. p1ose< ut10n or other legal procerdmg'> <;hall lie .1gamst t!tr Lok Ayukta ;m Upa-Lok 01 Ayt~kta or .tg..tmst am ofiiCC'I employe<. d~cncv 01 pr1~on 1cfellcd to m ~ectwn 16 Ill 1e '>)KCt of .tm·tluw; wh1ch ~>, m !{UOd f.uth. don(' wlule actmg or pUipOJung to act m the dl\cl',ugc of 1m ollicial duties uude1· tlu~ Act. (2) No l)I~cccdnl£\' G[ the Lok Ayukt.I or an Upa-Lok A) ukt.t .,hall be held to be lJJ.cT J(n want of forum awJ, cxc-:pton the ~round of )Uil~dJctwn, no procr'Cd111gs 01 deciSion of the Lok .\yukt.t <•I .w Up.t-Lok Ayukta shall be liable to lw chaltenged, f<'\ IeV\ed, quashed or C<'lled m quc~uon lll any court. 21. Plnscculwn j01 {nl1e complmnt -( 1) :'\iotwnhstandmg anythmg cclJitam•d 1r th1~ Act, "'hocvcr make~ any compl.unt w1th mahuou~ mtentwn under tlus Act ~hall, on conVICtiOn, be punished with I111PIISOnment £01 a term, vduch ~h..tllnot be lcs~ t1Mn three month~ but \vluch may extend to ~1x month~ and w1th fine, wh1ch shall not be k-, than two thousand It•))('e<; but \\ luch may extend to fin· t hom.tnd 1 upcc .... J (2) No COUll inferior to that of a court of the udiclal tl.fag1~tratc of the Fn ~t Class shall take cogm~ance of an offence unde1 ~ub-sect10r ( 1). 78 (3) No such court shall take cognizance of an offence under sub ~ection (I), except on a complamt made by a person against whom false, frivolous or vexatiOus complaint was made, after obtaining the previous sanction of the Lok Ayukta or the Upa-Lok Ayukta, as the case may be. (4 ) The pro~ecutwn in relahon to an offence under sub-section (I) hall be conducted by the Public P10secutor and all expemcs connected with 5 such prosecution ~hall be borne by the Government. 22. Publzc servants to submit property statement.-( I) Every public servant, othc1 thar a G0ve1 nmcnt scrv.mt, ~hall within six month~ after the commence ment 0f this Act, and the1eafter befme the 30th day of.June once in two yean submit to the competent authority in the prc-~cnbed form, a statement of hi~ assets and liabilities and those of the members of his family. (2) If no such statement received by the competent authority from IS any ~nch public servant, withm the t1me specified m ~ub-sectwn (I), the competent authm ity ~hall make a 1c port to that effect to the Lok Ayukta 01 the Upa-Lok Ayukta, the case may be, and send a copy of the report to the a~ public se1vant concerned If w1thm two months of such 1eport, the public ,.._ sel\·ant concerned does not submit such statement, the Lok Ayukta or the Upa-Lok Ayukta, as the case may be, shall publish, or cause to be published the name of such public servant m th1 ec having wide CJrcnlatwn newspaper~ m 1hc State. • E\planatzon -In this section "family" means the spouse and ~uch children and parent\ of the pubhc scrvar t a1e dependent on lum. a~ 23 Power to make rules.-( I) The GovciJlment may, by not1ficatwn, m the Gazette, make 1u les for the pUI pose of can ymg into effect the p1ov~ions Act. ofth1~ (2) In particular, and without prejudice to tl"ft: generality of the foregomg provisiOns, such 1u lc~ may p1 ov1de for,- • (a) the authorit1e~ to be p1 csciibed under sub-cl.tu~c (IV) of clau~c (d) of section 2, (b) the salary, allowances and pensiOns payable to, and other cond1tiom of sei'VICe of, the Lok Ayukta ,md the Upa-Lok Ayukta.s; • (c) the f01m ..tnd the mannc1 in wh1ch a complamt may be made; (d) the powers of a civil cou1 t wJuch may be e:\crcised by the Lok Ayukta or an Upa-Lok Ayukta under clause (f) ofs ub-section (2) ofsect1on II; 79 . (c) the ~ala1y, allowance~, appointment and other cond1tiom of ~er\·ice of the staff and employee~ of the Lok Ayukta and the Upa-Lok Ayuktas under sub-section (2) of sectiOn 16. ' (f) any other mattct for wh1ch 1ules have to bt" or may be made under thi~ Act. (3) Any 1u lc under tim Act may be made, cithc1 p10spectively or retrospectively, and when a rule IS made w1th retro~pecti\'e effect, the reasons that necessitated the mctkin~ of such rule ~hall be specified m the statement to bf' plact>d before the L"l5'~lai1W Assembl v (4 ) Every rule made under thi~ Act ~hall b<" laid, a~ \non a'> may be after it made, before the wh1le it is in for a total JS Lcg1~lativc A'~cmbly se~swn penod of fourteen day~ wh1ch may be comp1 ised m, one ~esswn or m two succe~~tve sc~'>ion\ and if, bcfmc thl e>.pU)· of the ~e~s1on m which it 1s ~o J.~,d or the munedmtcly followmg, the Leghlati\ c A%embly nMkes any ~cssion modification in the rule or decides that the rule should not be made, the ulc 1 ~hall thereafter have effect only in such modified fm m or be of no effect, as the case may be; so, how~vcr, that any such modification or annulment shall be w1thout prejud1cc to the valid1ty ol anything p1 eviously done unde1 that rule. 24. Removal of doubts.-( I) For the removal of doubts 1t hereby declared IS that nothmg m this Act ~hall be comtrued as authorising the Lok Ayukta or an Upa-Lok Ayukta to mve~tJgate any action which ~~ taken by or with the approval of,- (a) any judge· as defined m sect 19 of the Ind1an Penal Code H) II (Central Act 45 of 1860), (b) any officer 01 ~ervant of any CIVIl or criminal court m the State; (c) the Acc~untant Genet al ofKerala; • (d) the Cl11ef ElectiOn Commissioner, the Election CommissiOners and •he Regional CommiSSioncl s referred to in Art1cle 324 of the ConstitutiOn oflndia and the Chief Electoral Officer, Kerala; (e) the Speaker of the State Lcgi-;latlve Assembly; (f) the Chairman m· a member of the Kcrala Public Service CommlSSlOU; (g) the State Election Conum~~wncr appointed under Article 243 K of the Constltuuon of lnd1a; '80 (h) the Chait man or a membct of the Kcrala State Commission , for Backwat d Classes; ·1 (i) chatrperson ot· a member of the Kcrala State Human Rights Commt'>'>JOn: and (j) the office bearers or members oft he State Lc~al Sci\, ices Aut hontv the Dtstttct Legal Services Authority, the High CoUJt Legal Services Committee and the Taluk Lrgal Sctvtcc<; Commtttr constituted under the Les;sal Scrvtces Authontic~ Act, 1987 (Cent! al Act 39 of 19R7). (2) The provision<; of this Act <;hall be in addttion to the provision<; of any other enactment or any rule or law under which any remedy by way of appeal, tevi<;wn, revtcw 01 many other m<Jnner IS available to a person making a complamt under thi<; Act, m I c<;pect of any actiOn and nothing m th1s Act 'hall lnnit or aflrct the nght of<;uch per~on to avatl of such remedy. 25. Power to remove dzf!icu!tirr -(I) If any difficulty aiJ<;e<; in gtving effect to the provisions oftht~ Act, the Go\·ernment may, by order, do ,mythmg, not ud1~on~~<;tcnt with such pfrovtsions, whicdha::appear to them to be necessary or ).... 1 expe, tent 10r t 1c pm pose o removmg t 11r tu1Cu 1t y. (2) No ordci under sub-section (I) shall be made aftct the expiration of a pet iod of two years from the commencement of th1<; Art (3) Every dcr made under sub-section (I) <;hall be laid, as soon as 01 may be afte1 it is made, before the LegislatiVe Assembly, while It IS in session, for a total penod of foUI teen day'> wh1ch may be com pi i5cd in one ~cssion or in two successive sessiOns, and If before the cxptry of the ses~Ion in whieh 1t ts so latd or the <;esston tmmedtately following, the Lcgtslative Assrmbly make.,, any modlf1cauon m the ordet· or drcidcs that the order should not be made, . the ordct shall thereafter have effect only m such modtfied fonn or be of no effect, as the case may be, so, howevet, that anv such modtfi.ratton cr annul- , ment <;hall be wtthout prcjudtcc to the valtdity of' anythm~ pt eVJOu<;ly done under that order. 26. Repeal and saving.-( 1) The Ket ala Puhltc rvfcn's Corruptton ( Investtg,\tJOm and InqUJnc<;) Act, 1937 (24 of· 1988) and the Kerala Lok Ayukta Ordmancc, 1998 (16 of 1998) arc hereby repealed. • (2) Notwithstandmg such cpcal,- 1 (I) m so fat as it not inconsistent with the provisicns of this Act, IS anythmg done or any actton taken under the said Act shall be deemed to have been done or taken under this Act and may be contmued and completed under the corresponding provisions of this Act: j 81 .., Provided that, fot the purpose of thi~ sub-section, "Public Men" as detained undct the satd Act shall be deemed to correspond to "public servants" under th ts Act, .

(ti) all mquit·ies and mvcstigat1om or Olher ptccccdings pendinp, before the Commt~~irm under the )("pealed Act ~hall sta'1d transfer! ed to and be continued by the Lok Ayukta or the Upa-Lok Ayukta, as the case may be, under the pt ov1siom of this Act, as 1f 1t were commenced before him under Act, th·~ (Hi) anything d0ne or deemed to have been done or any action taken ot· deemed to have been taken under the Kerala Lok Ayukta 01dinance, I 998 ( 16 of 1998) ~hall be deemed to have been done or taken undct thi~ Act. (3) Notwithstanding anything contamed m th1s Act, nmially the staff of the Lok Ayukta shall al~o consist of the Secretary and other officers and emr>loyee~ of the Kerala Public Men's Inqmry Commission constitt,ted under the Kerala Public Men's Conuptwn (Investigations and Inquiries) Act, 1987 (24 of 1988), as If they were appomted under the provisiOns of this Act and thev shall, t1ll their servtc'e~ are duly termmated or reverted to the parent dep~rtment, If on deputatiOn, be entitled to the same salary, .tllowances and other terms and condiUons of service as ate entitled to them illlmediatelv before the commencement of th1s Act, unt1l they are vat ied in accorc~ ance with the provlSions of th1s Act. FmsT Scm::ouu:: rsee l section 3 (4 ) I.. . . . . . . . . .having been ap!1ointed as Lok Ayukta/Upa-Lok Ayukta do swear 1r the name of God/Solemnly affi.11n that I will bear t1 uc f.uth and allcgtanc:e to the Comtitution of Indta, as by Jaw establi~hcd and I duly and faithfully antl to the best of my abli1ty, knowledge and judgment Wlll perform thr dutJCs. of my office wn hout fear or favour, affect1on or ill-will. • SECOND ScHEDULE • [Sec section 8 (i) (a)] .a) Action taken for the purpose ofmvcstrgatmg Clune rcla mg to the SC'Curity of the State. (b) Action taken in the exercise of powers m relcttion to determining whcthe1 a matter shall go to a court or not. 34/2483{2000 MC. 1 82 (c) Administrative action taken m matters which arise out of the tenns of a contlact governing pUJely commercial relatJOns of the admmi~tra­ tion with customers or suppliers except where the complamant allege~ hara~stncrtt or gross delay in Jtlcctmg contractual obligation. (d) Action taken in 1espect of appointment, rcmoval pay, discipline, 1 suptrannuatJOn or other matters relating to cond1tHms of set of public VICC servants but, not mdudmg actJOns relating to daml!> fm penswn, gtatuit~, provident fund or to any clanns wh1ch an~es on rctncmcnt, removal or tertninauon of servtce. (e) G1ant of honow~ and award~. • • • • I 1 i I I