The Karnataka Lokayukta Act, 1984
(KARNATAKA ACT OF 4 OF 1985)
Came into force w.e.f from 15-01-1986
(As amended by Act Nos. 15 of 1986; 31of 1986; 1 of 1988;30 of 1991 ; 22 of 2000 & 25 of 2010)
Statement of Objects and Reasons
Karnataka Gazette, Extraordinary, dated 29-3-1983
The Administrative Reforms Commission had recommended the setting up of the institution of Lokayukta for the purpose of appointment of Lokayukta at the state's level, to improve the standards of public administration, by looking into complaints against the administrative actions, including cases of corruption, favouritism and official indiscipline in administrative machinery.
One of the election promises in the election manifesto of the Janatha Party was the setting up of the Institution of the Lokayukta.
The bill provides for the appointment of a Lokayukta and one or more Upalokayuktas to investigate and report on allegations or grievances relating to the conduct of public servants.
The public servants who are covered by the Act include :-
Where, after investigation into the complaint, the Lokayukta considers that the allegation against a public servant is prima facie true and makes a declaration that the post held by him, and the declaration is accepted by the competent authority, the public servant concerned, if he is a Chief Minister or any other Minister or Member of State Legislature shall resign his office and if he is any other non-official shall be deemed to have vacated his office, and, if an official, shall be deemed to have been kept under suspension, with effect from the date of the acceptance of the declaration.
If after investigation, the Lokayukta is satisfied that the public servant has committed any criminal offence, he may initiate prosecution without reference to any other authority. Any prior sanction required under any law for such prosecution shall be deemed to have been granted.
The Vigilance Commission is abolished. But all inquiries and investigations and other disciplinary proceedings pending before the Vigilance Commission will be transferred to the Lokayukta.
There are other incidential and consequential provisions.Hence this bill.
An act to make provision for the appointment and functions of certain authorities for making enquiries into administrative action relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution, taken by or on behalf of the Government of Karnataka or certain public authorities in the State of Karnataka (including any omission or commissions in connection with or arising out of such action) in certain cases and for matters connected therewith or ancillary thereto.
Whereas it is expedient to make provision for the appointment and functions of certain authorities for making enquiries into administrative action relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution taken by or on behalf of the Government of Karnataka or certain public authorities in the State of Karnataka (including any Omission of commission in connection with or arising out of such action) in certain cases and for matters connected therewith or ancillary thereto:-
Be it enacted by the Karnataka Legislature in Thirty-fourth Year of the Republic of India as follows:-
Explanation- In this clause, “co-operative society” means a co-operative society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959, and “university” means a university established or deemed to be established by or under any law of the State Legislature;
(aa) any officer or investigating agency of the Central Government with the prior concurrence of the Central Government and State Government; or
17A. Power to punish for contempt The Lokayukta or Upa-Lokayukta shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokayukta or Upalokayukta, as the case may be.
(2A) No such Court shall take cognizance of an offence under sub-section (1) except on a complaint made by a person against whom false, frivolous or vexatious complaint was made after obtaining the previous sanction of the Lokayukta or the Upalokayukta, as the case may be.
2A) Any rule made under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a Statement laid before both Houses of the State Legislature subject to any modification made under sub-section (3). Every rule made under this Act shall have effect as if enacted in this Act.
[See Section 3 (3)]
I, ………………………………… having been appointed as Lokayukta/ Upalokayukta do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and I will duly and faithfully and to the best of my ability, knowledge and Judgment perform the duties of my office without fear or favour, affection or ill-will.
[See Section 8(i)(a)]