(Delhi Act No. 1 of 1996)
To make 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 there with.
Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Forty-sixth year of the Republic of India as follows: -
Short title, extent and commencement :-
|Sr.No.||Short title, extent and commencement|
|1.||This Act may be called the The Delhi Lokayukta and Uplokayukta Act, 1995.|
|2.||It extends to the whole of the National Capital Territory of Delhi.|
|3.||It shall come into force on such date as the Government may, by notifications in the official Gazette, appoint.|
DEFINITIONS:- In this Act, unless the context otherwise require
|Sr.No.||In this Act, unless the context otherwise require|
|1.||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.|
|2.||allegationin relation to a public functionary means by affirmation that such public functionary in capacity as such :-|
a. has failed 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;
Explanation :- For the purpose of this sub-clause familymeans husband, wife, sons and unmarried daughters living jointly with him;
|3.||Chief Minister means the Chief Minister of Delhi appointed under clause (5)of Article 239 AA of the Constitution;|
|4.||competent authority in relation to a public functionary means-|
a. in the case of
|5.||corruption includes anything made punishable under Chapter IX ofthe Indian Penal Code, 1860 orunder the Prevention of Corruption Act, 1988;|
|6.||Delhi means the National Capital Territory of Delhi;|
|7.||Government means the Government of the National Capital Territory of Delhi.|
|8.||Legislative Assembly means the Legislative Assembly of the NationalCapital Territory of Delhi;|
|9.||Lieutenant Governor means the Lieutenant Governor of the National Capital
Territory of Delhi appointed by the President under Article 239 of the Constitution;
|10.||Lokayukta means the person appointed as the Lokayukta under Section 3;|
|11.||Minister means a Member (other than the Chief Minister) of the Council of Ministers appointed under clause (5) of Article 239 of the Constitution;|
|12.||Prescribed means prescribed under the rules made under this Act;|
|13.||public functionary means a person who is or has been at any time-|
a. the Chief Minister or a Minister;
|14.||rule means a rule made under this Act;|
|15.||Upalokayukta means a person appointed as an Upalokayukta under section3.
APPOINTMENT OF LOKAYUKTA & UPLOKAYUKTA :-
|Sr.No.||Appointment of Lokayukta & Uplokayukta|
|1.||For the purpose of conducting investigations and inquiries inaccordance with the provisions of this Act, the Lieutenant Governor shall, withthe prior approval of the President, appointed a person to be known asthe Lokayukta and one or more persons to be known as Upalokayukta;
|2.||the Upalokayukta shall be appointed in consultation with the Lokayukta.|
|3.||A person shall not be qualified for appointment as|
a. the Lokayukta, unless he is or has been Chief Justice of any High Court in India, ora Judge of a High Court for seven years; .
|4.||Every person appointed as Lokayukta or Upalokayukta shall,beforeentering upon his office,make and subscribe before the Lieutenant Governoror 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 convenient disposal of investigations under this Act, the Lokayukta may issue such general or special directions as he may consider necessary to the Upalokayukta and maywithdraw to himself or may, subject to the provisions of Section 7, makeover any case from himself to an Upalokayukta or from one Upalokayukta toanother Upalokayukta for disposal;
Provided that nothing in this sub-section shall be construed to authorize the Lokayukta to question any finding, conclusion, recommendation of anUpalokayukta.
LOKAYUKTA OR UPALOKAYUKTA TO HOLD NO OTHER OFFICE :-
The Lokayuktaor Upalokayukta shall not be a member of Parliament or a member of theLegislative ofany State or Union Territory and shall not hold anyother office of profit and shall not beconnected with any political party or becarrying on any business or practice any profession; and accordinglybefore he enters upon his office, a person appointed as the Lokayukta or Upalokayukta, asthe case may be, shall
|Sr.No.||Lokayukta or Upalokayukta to hold no other office|
|1.||if he is a member of Parliament or of the Legislative of any Stateor Union Territory , resign suchmembership; or|
|2.||if he holds any office of profit resign from such office; or|
|3.||if he is connected with any political party, severe his connection with it; or|
|4.||if he is carrying on any business, severe his connection (shortofdivesting himself of ownership)with the conduct and management ofsuch business; or|
|5.||if he is practicing any profession, suspend practice of such profession.|
Duration of office and other conditions of service of Lokayukta and Upalokayukta :-
Every person appointed as Lokayukta or Upalokayukta shall hold officefor a term of five years from the date on which he enters upon his office and not be eligible for re-appointment thereafter:
Provided that :-
|Sr.No.||Duration of office and other conditions of service of Lokayukta and Upalokayukta|
|1.||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;|
|2.||Lokayukta or Upalokayukta may be removed from his office in the manner specified in Section 6.|
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 if there are more than one then such one of them as the LieutenantGovernor may, be order,direct, shall not withstanding anything contained inclause (a) of sub-section (2) ofSection 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,direct, shall not withstanding anything contained in clause (a)ofsub-section (2) of Section 3,discharge his functions until the date theLokayukta resumes his 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 andperquisites as are specified inthe Second Schedule in relation to Lokayukta. Avacancy occurring in the office of the Lokayukta or an Upalokayuktaby reason of his death,resignation, removal or otherwise shall be filled in as soon as possible but not later then six months from the date of occurrence of such vacancy. 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 GovernmentCompany, localauthority, corporation under the administrative controlofthe Government or Statutory Commissions set up by the Government asis referred to in sub-clause (iv)of clause (m) of Section 2. Thereshall be paid to the Lokayukta and Upalokayukta such salaries as are specified in the Second Schedule.
The allowances and pension payable to, and other conditions of serviceof, Lokayukta or Upalokayukta shall be such as may be prescribed;
Provided that :-
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 aHigh 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 aDistrict 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 service of, the Lokayukta or Upalokayukta shall not be varied to his disadvantage after his appointment.
The administrative expenses of the office of the Lokayukta andUpalokayukta including all salaries, allowances and pension payable to or inrespect of persons serving in that office, shall be charged on theConsolidated Fund of Delhi.
Removal of Lokayukta or Upalokayukta :-
The Lokayukta or Upalokayukta shall not be removed from his 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 Upalokayukta under sub-section(1) shall be as provided in the Judges (Inquiry) Act, 1968 (51 of1968), in relation to the removal of a Judgeand accordingly, the provisions ofthat Act shall, subject to necessary modifications, apply inrelation to the removal of the Lokayuktaor Upalokayukta as they apply in relation to the removal of Judge.
MATTER WHICH MAY BE INQUIRED INTO BY LOKAYUKTA OR UPLOKAYUKTA :-
IN PURSUANCE OF SUB SECTION 2 OF SECTION13 OR SUO MOTO
The Lokayukta may proceed to inquire into an allegation made against a public functionary in relation to 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 the disposal of the Lokayukta andUpalokayukta in
MATTER NOT SUBJECT TO INQUIRY :-
THE LOKAYUKTA OR AN UPALOKAYUKTASHALL NOT INQUIRE INTO ANY MATTER
|Sr.No.||Matter not subject to inquiry|
which has been referred for inquiry under the Commissions ofInquiry Act, 1952 (60 of 1952); or
|2.||relatingto an allegation against a public functionary, if the complaintis 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 accompanied 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 provisionof 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 fine 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 of an offence punishable under this section except on a complaint made by or under the authority of the Lokayukta 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.
PROCEDURE IN RESPECT OF INQUIRY :-
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 :-
The provisions of the Evidence Act, 1872 (1 of 1872), and the code ofCriminal Procedure, 1973 (2 of1974), shall as nearly as may be, apply to the procedure of inquiry before Lokayukta or Upalokayukta in the matter of
|Sr.No.||Applicability of Evidence Act and Code of Criminal Procedure|
|1.||summoning and enforcing the attendance of any person and his examination onoath;|
|2.||requiring the discovery and production of documents and proof thereof;|
|3.||receiving evidence on affidavits;|
|4.||requisitioning any public record or copy thereof from any court oroffice;|
|5.||issuing commissions for examination of witnesses or documents; and such other matters as may be prescribed;
Provided that no proceeding before the Lokayukta or Upalokayukta shall be invalidated only on account of want of formal proof if the principles of natural justice are satisfied.
proceeding before the Lokayukta or Upalokayukta shall be deemed to bea judicial proceeding within the meaning of section 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 Notification dated 24 th September, 1996
Report of Lokayukta and Upalokayukta :-
If, after inquiry into the allegations, the Lokayukta or an Upalokayukta is satisfied that such 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 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 Upalokayukta, the action taken or proposed to betaken on the basis of the report. If the Lokayukta or the Upalokayukta is satisfied with the action taken or proposed to be taken on his recommendations, he shall close the case under information to thecomplainant, the public functionary and the competent authority concerned.In 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 lreport 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 fromtime 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 :-
|Sr.No.||Staff of Lokayukta and Upalokayukta|
|1.||The Government shall in consultation with the Lokayukta,provide officers and other employees to assist the Lokayukta and Upalokayukta inthe discharge of their functions under this Act.|
|2.||without prejudice to the provisions of sub-section (1), the Lokayuktaor an Upalokayukta may, for the purpose of conducting inquiries under this Act, utilize the services of|
a. any officer on investigation agency of the Government or the Central Government,with the concurrence of that Government, or
SECRECY OF INFORMATION :-
|Sr.No.||Secrecy of Information|
Any information obtained by the Lokayukta or the Upalokayukta 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 containedin the Indian Evidence Act, 1872 (1 of 1872), nocourt shall be entitled to compelthe Lokayukta or an Upalokayukta or anypublic functionary to give evidencerelating to such information or producethe evidence so reported or collected.
|2.||Nothingin sub-section (1) shall apply to the disclosure ofany information orparticulars:|
a. for purposes of the inquiry or in any report to be made there on or for any action orproceedings to be taken on such report; or
|3.||An officer or other authority prescribed in this behalf may 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.|
No suit, prosecution or other legal proceeding shall be against the Lokayukta or Upalokayukta or against any member of the staff of the office of the Lokayukta or any office, agency or person referred to insub-section (2) of section 13, inrespect of anything which is done or intended to be done in good faith under thisAct.
Lokayukta to make suggestions :-
The Lokayukta, if in the discharge of his functions under this Act, notices a practice orprocedure which in his opinion afforded anopportunity for corruption or maladministration, he may bring to the notice of the Government and maysuggest such improvement in the said practiceor procedure as he may deem fit.
FOR THE REMOVAL OF DOUBTS :-
|Sr.No.||For the removal of doubts|
itis hereby declared that nothing in this Actshall be construed to authorize the Lokayukta or an Upalokayuktato inquire into an allegation against-
a. any member of the Judicial Services who is under the administrative control of the High Court under Article 235 of the Constitution;
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 whichany 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 person 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 him by or under this Act(except the power to make inquiry or to report to 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 :-
|Sr.No.||Powers to make Rules|
|1.||The Lieutenant Governor may, by notification in the official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.|
|2.||Inparticular, and without prejudice to the generality of the foregoing provisions, such rules may provide for|
|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 of 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 LieutenantGovernor may, by order as occasion requires, doanything which appears to him to be necessaryfor the purpose of removing thedifficulty;
Provided that no such order shall be made after 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/ Upalokayukta do swear in the name of God/solemnly affirm that Iwill bear true faith and allegiance to the Constitution of Indiaas 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.
*Substitution of new Schedule for the Second Schedule--In the Delhi Lokayukta and Uplokayukta 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 paid to the Lokayukta and Upalokayukta, in respect of time spent on actual service, salary at the following rates per men sum, that is to say -
|Sr.No.||The Second Schedule|
|1||Lokayukta - Such salary plus perquisites and allowances as are payable from time to tim to-|
(i) a Chief Justice of a High Court in case Lokayukta is appointed from amongst Chief Justices of High Courts in India;
|2||Upalokayukta - 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 Upalokayukta is appointed from amongst the Secretaries to the Government;
Provided that if the Lokayukta or an Upalokayukta 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 State or any of its predecessor Governments, his salary in respect of service as the Lokayukta, or as the case may be, Upalokayukta, 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."
* Subsituted vide Notification No. 14(6)/LA-2009/Law/188 dated 05 May 2010 (Come into force on the 1st day of January 2006)