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HARYANA GOVT. GAZ.
(EXTRA), JAN. 27, 2003

(MARCH 7, 1924
SAKA)

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PART
I

LEGISLATIVE DEPARTMENT

Notification

The 27th January,
2003

No. Leg. 1/2003: -The
following Act of the Legislature of the State of Haryana received the assent of
the President of India on the 6th January, 2003, and is hereby
published for general information:-

Haryana Act No. 1 of 2003

THE HARYANA LOKAYUKTA
ACT, 2002

AN

ACT

to provide
for the appointment and functions of a Lokayukta

for inquiry and investigation into the
allegations and

grievances
against public servants and for

matters
connected therewith.

BE it enacted by the Legislature of the State of Haryana in the
Fifty-third Year of the Republic of India as follows: -

Short title, Extent and
Commencement

1.
(1)
This Act may be called the Haryana Lokayukta Act,
2002.

(2)
It extends to the whole of the State of Haryana.

(3)
It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.

Definitions

2.
In this Act, unless the context otherwise
requires,-

(a)
“act” means administrative action taken by a public servant by way of
decision, recommendation or finding or in any other manner and shall include
willful failure to act, and all other expressions relating to such action shall
be construed accordingly;

(b)
“allegation” in relation to a public servant means any affirmation that
such public servant-

(i)
has knowingly and
intentionally abused his position as such to obtain any undue gain or favour to
himself or to any other person or to cause undue hardship or harm to any other
person;

(ii)
was actuated in the discharge of his functions as such public servant by
personal interest, or improper or corrupt motives;

(iii)
is guilty of corruption, lack of integrity in his capacity as such public
servant; or

(iv)
is in possession of
pecuniary resources or property disproportionate to his known source of income
and such pecuniary resources or property held by the public servant personally
or by any member of his family or by some other persons on his
behalf;

(c )
“Chief Minister” means head of the Council of
Ministers;

(d)
“competent authority”
in relation to a complaint against-

(i)
Chief Minister
: The Governor in his discretion;

(i)
(ii)
All other Public Servants: Chief Minister;

(e)
“complaint” means a complaint wherein act of any allegation or grievance
is alleged to have been committed by a public servant;

(f)
“corruption” includes any act punishable under chapter IX of the Indian
Penal Code, 1860 or the Prevention of Corruption Act, 1988, or under any law for
the time being in force for prevention of corruption;

(g)
“Governor” means the
Governor of the State of Haryana;

(h)
“grievance” means the
claim by a person that a right to which he is entitled to is denied to him
or  is unreasonably delayed by the
act of  omission or commission of a
public servant or the act complained of amounts to
mal-administration;

(i)
“Lokayukta” means a
person appointed as a Lokayukta under section 3;

(j)
“mal-administration”
means an act, which is unjust, unfair, unreasonable, oppressive, improperly
discriminatory or not supported by law;

(k)
“Minister” means a
member of the Council of Ministers, other than the Chief Minister by whatever
name called, for the State of Haryana,
that is to say, Cabinet Minister, Minister of State, Deputy Minister and
shall also include the Chief Parliamentary Secretary and Parliamentary
secretary;

(l)
“prescribed” means
prescribed by rules made under this Act;

(m)
“public servant”
includes a person defined in section 21 of the Indian Penal Code, 1860 and also
means a person, who is or has been-

a.
Chief
Minister;

b.
a
Minister;

c.
a Member of the
Legislative Assembly of Haryana including the Speaker and the Deputy  Speaker of Haryana legislative
Assembly;

d.
a Chairman,
Vice-Chairman or member of the Board of Directors, by whatever name called, of a
Government company within the meaning of section 617 of the Companies Act, 1956,
in which not less than fifty-one percent of the paid up share capital is held by
the State Government.

e.
a Chairman,
Vice-Chairman or member, by whatever name called, of any statutory or
non-statutory body incorporated, registered or constituted by the State
Government.

f.
a Mayor, Senior Deputy
Mayor, Deputy mayor of a Municipal Corporation constituted or deemed to have
been constituted by or under the Haryana Municipal Corporation Act,
1994;

g.
a President,
Vice-President of a Municipal Committee or Municipal Council constituted or
deemed to have been constituted by or under the Haryana Municipal Act,
1973;

h.
a President,
Vice-President of a Zila Parishad and a Chairman, Vice-Chairman of a Panchayat
Samiti constituted by or under the Haryana Panchayati Raj Act,
1994;

i.
a President or
Vice-President of any managing committee of a society incorporated or registered
under the law relating to cooperative societies for the time being in
force;

j.
a President, Vice-President, Managing
Director of the Board of Directors of such other cooperative societies
incorporated or registered by or under law relating to cooperative societies for
the time being in force;

k.
a Vice-Chancellor or a
pro Vice-Chancellor or Registrar of a University;

(n)
“State” means the state
of Haryana;

(o)
“State Government”
means the Government of the State of Haryana.

Appointment of
Lokayukta

3.
(1)
For the purpose of conducting investigations in accordance with the
provisions of this Act, the Governor shall, by warrant under his hand and the
seal, appoint a person to be known as the Lokayukta:

Provided that the Lokayukta shall be appointed on the
advice of the Chief Minister who shall consult the Speaker of Haryana
Legislative Assembly, Leader of Opposition and the Chief Justice of India in
case of appointment of a person who is or has been a Judge of the Supreme Court
or Chief Justice of the High Court, and the Chief Justice of the Punjab and
Haryana High Court in case of appointment of a person who is or has been a Judge
of a High Court:

Provided further that the result of consultations
hall have persuasive value but not binding on the Chief
Minister.

(2)
A notification by the State Government about the consultation having been
held as envisaged in sub-section (1) shall be conclusive proof
thereof.

(3)
Every person appointed as the Lokayukta shall, before entering   upon his office, make and
subscribe, before the Governor, or some person appointed in that behalf by him,
an oath or affirmation in the form set out for the purpose in the
Schedule.

Qualifications for
Lokayukta

4.
A person shall not be qualified for appointment as Lokayukta unless he is
or has been a Judge of the Supreme Court or a Chief Justice or a Judge of a High
Court in India.

Lokayukta to hold no other
Office

5.
The Lokayukta shall not be a member of Parliament or member of
Legislature of any State and shall not hold any office of profit or trust or
carry on any business or practice any profession or be connected with any
political party and accordingly, before he enters upon his office
shall-

(a)
if he is a member of Parliament or of the Legislature of any State,
resign such membership; or

(b)
if he holds any office of profit or trust, resign from such office; or

(c)
if he is connected with any political party, sever his connection in it;
or

(d)
if he is carrying on
any business, sever his connection (short of divesting himself of ownership)
with the conduct and management of such business; or

(e)
if he is practicing any
profession, suspend practice of such profession.

Term of Office and other conditions of
service of Lokayukta

6.
(1)
Every person appointed as the Lokayukta shall hold office for a term of
five years from the date on which he enters upon his
office:

Provided
that-

(a)     the Lokayukta may, by
writing under his hand addressed to the Governor, resign his office, and such
resignation shall be effective as soon as it is accepted;
and

(b)     the Lokayukta may be
removed from the office in the manner specified in section
7.

(2)
A vacancy occurring in the office of the Lokayukta shall be filled in
within three months.

(3)    On ceasing to hold office,
the Lokayukta shall be ineligible for reappointment as Lokayukta or any other
employment in any capacity under the State Government or any local authority,
cooperative society, government company, university, statutory corporation under
the administrative control of the State Government.

(4)
The salary, allowances payable to, and other conditions of service of
Lokayukta shall be same as may be available from time to time to a sitting Judge
of the Supreme Court or Chief Justice or Judge of the High Court, as the case
may be, in accordance with the office held by him:

Provided that the salary, allowances and other privileges available to
the Lokayukta shall not be negotiable:

Provided further that the allowances payable and
other conditions of service of the Lokayukta shall not be varied to his
disadvantage after his appointment.

(5)
The salaries and allowances payable to, or in respect of, the Lokayukta
shall be the expenditure charged on the Consolidated Fund of the
State.

Removal of Lokayukta

7.
(1)
The Lokayukta shall not be removed from his office except by an order of
the Governor passed after an address by the Haryana Legislative Assembly,
supported by a majority of the total membership of the Legislative Assembly and
by a majority of not less than two-thirds of the members thereof, present and
voting, has been presented to the Governor in the same session for such removal
on the grounds of proved misconduct or incapacity.

(2)
The procedure for the presentation of an address and for the
investigation and proof of the misconduct, or incapacity of the Lokayukta under
sub-section (1) shall be as provided in the Judges (Inquiry) Act, 1968, in
relation to the removal of a Judge and, accordingly, the provisions of that Act
shall, subject  to necessary  modifications, apply in relation to the
removal of the Lokayukta as they apply in relation to the removal of a
Judge.

Matters which may be inquired into by
Lokayukta

8.
(1)
Subject to the provisions of this Act, the Lokayukta may on receipt of a
reference from Government proceed to inquire into the allegations or the
grievances made against a public servant.

(2)  The Lokayukta may inquire into any act
or conduct of any person other than a public servant in so far as he considers
it necessary so to do for the purpose of his enquiry into any allegation of
misconduct against a public servant provided that the Lokayukta shall give such
a person reasonable opportunity of being heard and to produce evidence in his
defence.

9.
The Lokayukta shall not inquire into any matter -

(a)     in respect of which an
inquiry has been ordered under the Public Servants (Inquiries) Act, 1850;
or

(b)
which is not connected
with the discharge of functions as public servant of the person against whom
allegation is made; or

(c)
relating to “grievance
of mal-administration”, any administrative act involving the exercise of
discretion except where he is satisfied that the elements involved in the
exercise of discretion were absent to such an extent that discretion would not
be regarded as having been properly exercised or was exercised for corruption.

Provisions relating to
complaints

10.
(1)
Subject to the provisions of this Act, a complaint may be made under this
Act to the Lokayukta –

(a)     in case of grievance by
the person aggrieved;

(b)     in case of allegation
by any person:

(c)
Provided that where the
person aggrieved is dead or, is for any reason, unable to act for himself the
complaint may be made by any person who in law represents his estate or, as the
case may be, by any person permitted to act on his behalf.

(2)
Every complaint involving an allegation or grievance shall be made in
such form, and in such manner and shall be accompanied by such affidavit as may
be prescribed.

(3)
Notwithstanding anything contained in this Act or any other law for the
time being in force, any letter written to the Lokayukta by a person in police
custody or in a jail or in any asylum or any other custodial place, shall be
forwarded to the Lokayukta unopened and without delay by the police officer or
the person incharge of such jail, asylum or any other custodial place.  If the Lokayukta is satisfied, that it
is necessary so to do, treat such letter as a complaint made in accordance with
the provisions of sub-section (2).

Provisions for holding preliminary
inquiry.

11.
The Lokayukta on receipt of a complaint may before proceeding to
investigate such complaint or case, make such preliminary inquiry or direct any
other person to make such preliminary inquiry as he deems fit for ascertaining
whether there exists reasonable ground for conducting the investigation.  If on such preliminary inquiry, he finds
that there exists no such ground he shall record a finding to that effect that
thereupon the matter shall be closed and the complainant shall be informed
accordingly.

Procedure in respect of
inquiry

12.
(1)
Subject to the provisions contained in sub-section (2), the Lokayukta
shall devise his own procedure for conducting inquiry or investigation but in so
doing shall ensure that the principles of natural justice are
satisfied.

(2)
The Lokayukta shall complete the inquiry within one
year.

(3)
Every inquiry under the Act shall, unless the Lokayukta for reasons to be
recorded in writing determines otherwise, be conducted in
camera.

Power to summon
record

13.
The Lokayukta shall have the power to summon record of the State
Government, local authority, corporation, government company, society,
university, any college affiliated to or constituent of a university or from any
other persons in connection with any inquiry or investigation against public
servant undertaken by him:

Provided that the State Government may withhold the production of any
record or document relating to affairs of the State on grounds of security or in
public interest in accordance with the provisions of the Indian Evidence Act,
1872, or the Indian Official Secrets Act, 1923.

Evidence

14.
(1)
Subject to the provisions of this section, for the purpose of any inquiry
or investigation, the Lokayukta or any person authorized by him in this behalf:
-

(a)     may require any public
servant or any other person, who, in his opinion, is able to furnish information
or produce documents relevant to such inquiry, to furnish any such information
or produce any such document;

(b)     may enter upon any land
and survey, demarcate or prepare a map of the same;

(c)
shall have all the
powers of civil court while trying a suit under Code of Civil Procedure, 1908,
in respect of the following matters, namely:-

(i)
summoning and enforcing
the attendance of any person and examining him on oath;

(ii)
requiring the discovery
and production of any document;

(iii)
receiving evidence on
affidavits;

(iv)
requisitioning any
public record or copy thereof from any court or office; and

(v)
issuing commissions for
the examination of witnesses or documents:

Provided that no person,
without the prior permission of the appropriate Government shall be required or
authorised by virtue of the provisions contained in this Act to furnish any such
information or answer any such question or produce so much of any document as
might involve the disclosure of any information or  production of any documents which is
punishable under the provisions of the Official Secrets Act,
1923.

(2)
Any proceeding before the Lokayukta shall be deemed to be a judicial
proceeding within the meaning of section 193 and section 228 of Indian Penal
Code, 1860.

Power for search and
seizure

15. (1)
Where in consequence of information in his possession or after such
inquiry as he thinks necessary, the Lokayukta: -

(a)
has reason to believe
that a person-

(i)
to whom a summons or
notice under this Act, has been or might be issued, will not or would not
produce or cause to be produced any property, document or thing which will be
necessary or useful or relevant to any inquiry or other proceedings to be
conducted by him;

(ii)
is in possession of any money, bullion,
jewellery, or other valuable article or thing and such money, bullion, jewellery
or other valuable article or thing represents either wholly or partly income or
property which has not been disclosed to the authorities for the purpose of any
law or rule in force which requires such disclosure to be made;
or

(b)
considers that the
purposes of any inquiry or other proceedings to be conducted by him will be
served by a general search or inspection,

may issue a search warrant and he or any person
authorised by him may, by that search warrant-

(I)
enter and search any
building or place where he has reason to suspect that such property, document,
money, bullion, jewellery or other valuable article or thing is
kept;

(II)
break open the lock of
any door, box, locker, safe, almirah or other receptacle for exercising the
powers conferred by sub-clause

(i)
where the keys thereof
are not available;

(III)
seize any such
property, document, money, bullion, jewellery or other valuable article or thing
found as a result of such search;

(IV)       place a
mark of identification on any property or document or make or cause to be made
extracts or copies therefrom; or

(IV)
make a note or an
inventory of any such property, document, money, bullion, jewellery or other
valuable article or thing.

(2)
The provisions of section 100 of the Code of Criminal Procedure, 1973,
shall, so far as may be, apply to searches under sub-section
(1).

(3)
A warrant issued under sub-section (1) shall, for all purposes, be deemed
to be a warrant issued by a court under section 93 of the Code of Criminal
Procedure, 1973.

Punishment for false and malicious
complaints

16.
Notwithstanding anything contained in this Act, any person who wilfully
or maliciously makes any false complaint under this Act, shall, on conviction,
be punished with rigorous imprisonment which may extend to three years or with
fine which may extend to ten thousand rupees or with 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:

Provided further that the complaint made by or under the authority of the
Lokayukta shall be exclusively tried by a court of sessions, which may take
cognizance of the offence in such complaint without the complaint being
committed to it, notwithstanding anything contained in the Code of Criminal
Procedure, 1973.

Reports of
Lokayukta

17.
(1)
If, after inquiry in respect, of a complaint, the Lokayukta is
satisfied-

(a)     that no allegation or
grievance has been substantiated, he shall close the case and intimate the
competent authority concerned accordingly;

(b)     that all or any of the
allegations or grievances have or has been substantiated either wholly or
partly, he shall, by report in writing, communicate his findings, appropriate
recommendations and suggestions to the competent authority and intimate the
complainant and the public servant concerned about his having made the
report.

(2)
The competent authority shall cause the report to be examined and
communicate to the Lokayukta within three months of the date of receipt of the
report, the action taken thereon.

(3)
The Lokayukta shall present to the Governor a consolidated annual report
on the administration of this Act.

(4)
The Governor shall cause to be laid on the table of the State Legislature
a copy of the annual report referred to in sub-section (3) above within six
months of its receipt along with an explanatory memorandum indicating the action
taken thereon, and the reasons for not taking action in a given
case.

Power to issue interim
direction

18.
(1)
The Lokayukta may, after receipt of a complaint, issue such interim
direction as the case may warrant so as avoiding grave
injustice.

(2)
The competent authority shall deal with the interim direction in the same
manner as provided for final direction.

Staff of Lokayukta

19.
(1)
The Lokayukta may appoint in consultation with the State Government, such
officers and staff as he may consider appropriate for the discharge of functions
under this Act.

(2)
The categories of officers and staff who may be appointed under
sub-section (1) above and their conditions of service shall be such as may be
prescribed in consultation with the Lokayukta.

Utilization of services of other
person

20.
(1)
Without prejudice to the provisions of sub-section (10 of section 19, the
Lokayukta may, in consultation with the State Government, for the purpose of
conducting any inquiry or investigation under this Act, utilize the services of
any officer or investigating agency of the State Government, or for reasons to
be recorded in writing, of any other person or agency.

(2)
Any officer, agency or persons whose services have been sought under
sub-section (1) may-

(a)
summon and enforce the attendance of any person and examine
him;

(b)
require the production of any document; and

(c)
requisition any public record or copy thereof from any
office.

(3)
The officer, agency or person whose services have been sought under
sub-section (1) shall enquire into the matter and submit a report to the
Lokayukta within such period as may be specified by him in this
behalf.

Secrecy of
information

21.
(1)
Any information, obtained by the Lokayukta or members of his staff in the
course of, or for the purposes of, any inquiry or investigation under this Act
and any evidence recorded or collected in connection with such information,
shall  be treated as confidential
and, notwithstanding anything contained in the Evidence Act, 1872, no court
shall be entitled to compel the Lokayukta or any public servant to give evidence
relating to such information or produce the evidence so recorded or
collected.

(2)
Nothing in sub-section (1) shall apply to the disclosure of any
information or particulars-

(a)
for purposes of the inquiry or any report to be made thereon or for any
action or proceedings to be taken on such report; or

(b)
for purposes of any proceedings for an offence under the Official Secrets
Act, 1923, or an offence of giving or fabricating false evidence under the
Indian Penal Code, 1860, or under sub-sections (1) and (3) of section 12 of this
Act; or

(c )
for such other purposes as may be prescribed.

Protection of action taken in good
faith

22.
No suit, prosecution or other legal proceedings shall lie against the
Lokayukta or against any officer or employee, agency or person acting on his
behalf in respect of anything which is in good faith done or intended to be done
under this Act.

Powers to call for matters pending
before State Government

23.
(1)
Where the Lokayukta decides to inquire into a complaint against a public
servant, he may ascertain from the State Government whether any complaint
containing substantially similar allegations against the said public servant is
under investigation, and if so, he may call for the record
thereof.

(2)
If the Lokayukta, on examination of the record referred to in sub-section
(1), decides to inquire into the matter himself, he shall inform the State
Government accordingly and the complaint, wholly or partly, as the case may be,
shall stand transferred to him for inquiry under the provisions of this
Act.

(3)
Whenever the Lokayukta decides not to inquire into the matter himself he
shall return the complaint to the State Government.

Other remedies not
barred

24. The institution of any inquiry or proceedings
under this Act shall be no bar to a person seeking a remedy available under any
other law, for the time being in force.

Repeal ,saving and overriding
effect

25.
(1)
The Haryana Lokayukta act, 1997 (Haryana Act No. 21 of 1998) and the
Haryana Lokayukta (Repeal) Ordinance, 1999 (Haryana Ordinance No. 4 of 1999),
are hereby repealed.

(2)
Notwithstanding anything contained in any contract, law or rules made
thereunder, the Lokayukta shall not be entitled to any compensation for the
unexpired period of his tenure.

(3)
All matters pending before the Lokayukta before the repeal of the Haryana
Act No. 21 of 1998 shall be inquired into by the Lokayukta under this
Act.

Power to make
rules

26.
(1)
the State Government may, by notification, in the Official Gazette, make
rules for carrying out the purposes of this Act.

(2)
Every rule made under this Act shall be laid, as soon as may be, after it
is made, before the State Legislature while it is in session for a total period
of ten days which may be comprised in one session or in two or more successive
sessions and if, before the expiry of the session in which it is so laid or the
successive sessions and if, before the expiry of the session in which it is so
laid or the successive sessions aforesaid, the State Legislature agrees in
making any modification in the rule or the State Legislature agrees that the
rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no
effect,  as the case may, be,
however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.

SCHEDULE

[See section 3(3)]

I,_____________________________, having been
appointed as Lokayukta of Haryana,
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 judgement, perform the duties of my
office without fear or favour, affection, bias or ill-will.

R.S.MADAN,

Secretary to
Government Haryana,

Legislative
Department.