LatestLaws.

com

LatestLaws.com
LatestLaws.com
Bare Acts & Rules
Free Downloadable Formats

Hello Good People !

LaLas

LatestLaws.com
LatestLaws.com
 LatestLaws.com

LatestLaws.com
D ELH I LOKAYUKTA AN D UPLOKAYUKTA ACT, 1 9 9 5

( D e lh i Act N o.1 of 1 9 9 6 )
AN ACT

To m ake provision for t he est ablishm ent and funct ioning of t he I nst it ut ion of
Lokayukt a t o inquire int o t he allegat ions against public funct ionaries in t he
Nat ional Capit al Territ ory of Delhi and for m at t ers connect ed t herewit h.

Be it enact ed by t he Legislat ive Assem bly of t he Nat ional Capit al Territ ory
of Delhi in t he Fort y- sixt h year of t he Republic of I ndia as follows: -

1. Short t it le, ext ent and com m encem ent -

( 1) This Act m ay be called t he Delhi Lokayukt a and Upalokayukt a Act , 1995.
( 2) I t ext ends t o t he whole of t he Nat ional Capit al Territ ory of Delhi.
( 3) I t shall com e int o force on such dat e as t he Governm ent m ay, by
not ificat ions in t he official Gazet t e, appoint .

2. Definit ion.- I n t his Act , unless t he cont ext ot herwise requires

( a) act ion m eans act ion by way of prosecut ion or ot herwise t aken on t he
report of t he Lokayukt a or t he Upalokayukt a and includes failure t o act : and all
ot her expressions connot ing such act ion shall be const rued accordingly;
( b) allegat ion in relat ion t o a public funct ionary m eans by affirm at ion t hat
such public funct ionary in capacit y as such
( i) has failed t o act in accordance wit h t he norm s of int egrit y and conduct
which ought t o be followed by t he public funct ionaries or t he class t o which he
belongs;
( ii) has abused or m isused his posit ion t o obt ain any gain or favour t o him self
or t o any ot her person or t o cause loss or undue harm or hardship t o any ot her
person;
( iii) was act uat ed in t he discharge of his funct ions as such public funct ionary
by im proper or corrupt m ot ives or personal int erest ;
( iv) is or has at any t im e during t he period of his office been in possession of
pecuniary resources or propert y disproport ionat e t o his known resources of
incom e whet her such pecuniary resources or propert y are held by t he public
funct ionary personally or by any m em ber of his fam ily or by som e ot her person
on his behalf;

Explanat ion - For t he purpose of t his sub- clause fam ily m eans husband,
wife, sons and unm arried daught ers living j oint ly wit h him ;

( c) Chief Minist er m eans t he Chief Minist er of Delhi

appoint ed under clause ( 5) of Art icle 239 AA of t he
Const it ut ion;

( d) com pet ent aut horit y in relat ion to a public

funct ionary m eans-

( A) in t he case of

( i) Chief Minist er and Minist er, t he President ;

 LatestLaws.com

( ii) A Mem ber of t he Legislat ive Assem bly, t he

Lieut enant Governor, or during t he period
of operat ion of t he order m ade under
Art icle 239 AB of t he Const it ut ion, t he
President .

( B) in t he case of any ot her public funct ionary, such

aut horit y as m ay be prescribed;

( e) corrupt ion includes anyt hing m ade punishable under

Chapt er I X of t he I ndian Penal Code, 1860 or under t he
Prevent ion of Corrupt ion Act , 1988;

( f) Delhi m eans t he Nat ional Capit al Territ ory of Delhi;

( g) Governm ent m eans t he Governm ent of t he Nat ional

Capit al Territ ory of Delhi;

( h) Legislat ive Assem bly m eans t he Legislat ive Assem bly

of t he Nat ional Capit al Territ ory of Delhi;

( i) Lieut enant Governor m eans t he Lieut enant Governor

of t he Nat ional Capit al Territ ory of Delhi appoint ed by t he
President under Art icle 239 of t he Const it ut ion;

(j) Lokayukt a m eans t he person appoint ed as t he

Lokayukt a under Sect ion 3;

( k) Minist er m eans a Mem ber ( ot her t han t he Chief

Minist er) of t he Council of Minist ers appoint ed under
clause ( 5) of Art icle 239 of t he Const it ut ion;

( l) Prescribed m eans prescribed under t he rules m ade

under t his Act ;

(m) public funct ionary m eans a person who is or has been

at any t im e-

( i) t he Chief Minist er or a Minist er;

( ii) a Mem ber of Legislat ive Assem bly;

( iii) a person having t he rank of a Minist er but

shall not include Speaker and Deput y
Speaker of t he Legislat ive Assem bly;

( iv) a Chairm an, Vice- Chairm an or Managing

Direct or or a Mem ber of a Board of
Direct ors ( by What ever nam e t hey be
called) in respect of
 LatestLaws.com

( 1) . an Apex Co- operat ive Societ y or

any Co- operat ive Societ y const it ut ed or
regist ered under t he Delhi Co- operat ive
Societ ies Act , 1972, which is subj ect t o t he
cont rol of t he Governm ent ;

( 2) a Governm ent Com pany wit hin

t he m eaning of sect ion 617 of t he
Com panies Act , 1956, engaged in
connect ion wit h t he affairs, and is under
t he cont rol of t he Governm ent ;

( 3) a Local Aut horit y est ablished under

any law in relat ion to Delhi;
provided t hat t he provisions of t his Act
shall not be applicable t o any aut horit y of
a Local Aut horit y const it ut ed under an
enact m ent relat able t o Ent ry No.18 of t he
St at e List of t he Sevent h Schedule of t he
Const it ut ion;

( 4) a Corporat ion engaged in

connect ion wit h t he affairs, and under t he
cont rol, of t he Governm ent ;

( 5) any Com m ission or body set up

by t he Governm ent which is owned and
cont rolled by it ;

( v) . a Mem ber of t he Municipal Corporat ion of

Delhi as defined in clause 2( 27) of t he Municipal
Corporat ion Act , 1957 ( as am ended in 1993) ;

( n) rule m eans a rule m ade under t his Act ;

( o) Upalokayukt a m eans a person appoint ed as an

Upalokayukt a under sect ion 3.

3. Appoint m ent of Lokayukt a & Uplokayukt a.- ( 1) For t he purpose of conduct ing
invest igat ions and inquiries in accordance wit h t he provisions of t his Act , t he
Lieut enant Governor shall, wit h t he prior approval of t he President , appoint ed a
person t o be known as t he Lokayukt a and one or m ore persons t o be known as
Upalokayukt a;

Provided t hat

( a) t he Lokayukt a shall be appoint ed aft er consult at ion wit h t he

Chief Just ice of t he High Court of Delhi and t he Leader of t he Opposit ion in t he
Legislat ive Assem bly and if t here be no such leader, a person select ed in t his
 LatestLaws.com

behalf by t he Mem bers of t he Opposit ion in t hat House in such m anner as t he

Speaker m ay direct ;

( b) t he Upalokayukt a shall be appoint ed in consult at ion wit h t he

Lokayukt a.

( 2) A person shall not be qualified for appoint m ent as

( a) t he Lokayukt a, unless he is or has been Chief Just ice of

any High Court in I ndia, or a Judge of a High Court for seven years

( b) an Upalokayukt a, unless he is or has been a Secret ary t o

t he Governm ent or a Dist rict Judge in Delhi for seven years or has
held t he post of a Joint Secret ary t o t he Governm ent of I ndia.

( 3) Every person appoint ed as Lokayukt a or

Upalokayukt a shall, before ent ering upon his office, m ake
and subscribe before t he Lieut enant Governor or som e
person appoint ed in t hat behalf by him , an oat h or
affirm at ion in t he form set out for t he purpose in t he First
Schedule.

( 4) The Upalokayukt a shall be subj ect t o t he

adm inist rat ive cont rol of t he Lokayukt a and in part icular, for
t he purpose of convenient disposal of invest igat ions under
t his Act , t he Lokayukt a m ay issue such general or special
direct ions as he m ay consider necessary t o t he
Upalokayukt a and m ay wit hdraw t o him self or m ay, subj ect
t o t he provisions of Sect ion 7, m ake over any case from
him self t o an Upalokayukt a or from one Upalokayukt a t o
anot her Upalokayukt a for disposal;

Provided t hat not hing in t his sub- sect ion shall be

const rued t o aut horize t he Lokayukt a t o quest ion any
finding, conclusion, recom m endat ion of an Upalokayukt a.

4. Lokayukt a or Upalokayukt a t o hold no ot her office.- The Lokayukt a or

Upalokayukt a shall not be a m em ber of Parliam ent or a m em ber of t he Legislat ive
of any St at e or Union Territ ory and shall not hold any ot her office of profit and
shall not be connect ed wit h any polit ical part y or be carrying on any business or
pract ice any profession; and accordingly before he ent ers upon his office, a
person appoint ed as t he Lokayukt a or Upalokayukt a, as t he case m ay be, shall

( a) if he is a m em ber of Parliam ent or of t he Legislat ive of any St at e

or Union Territ ory, resign such m em bership; or

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

( c) if he is connect ed wit h any polit ical part y, severe his connect ion
wit h it ; or
 LatestLaws.com

( d) if he is carrying on any business, severe his connect ion ( short of

divest ing him self of ownership) wit h t he conduct and
m anagem ent of such business; or

( e) if he is pract ising any profession, suspend pract ice of such

profession.

5. Durat ion of office and ot her condit ions of service of Lokayukt a and
Upalokayukt a.- ( 1) Every person appoint ed as Lokayukt a or Upalokayukt a shall
hold office for a t erm of five years from t he dat e on which he ent ers upon his
office and not be eligible for re- appoint m ent t hereaft er:

Provided t hat -

( a) Lokayukt a or Upalokayukt a m ay, by writ ing under his hand

addressed t o t he Lieut inant Governor, resign his office and such
resignat ion shall be effect ive as soon as it is accept ed by t he
Lieut enant Governor;

( b) Lokayukt a or Upalokayukt a m ay be rem oved from his office in

t he m anner specified in Sect ion 6.

( 2) I n t he event of occurrence of any vacancy in t he office of t he

Lokayukt a by reason of his deat h, resignat ion, rem oval or ot herwise, t he
Upalokayukt a or if t here are m ore t han one t hen such one of t hem as t he
Lieut enant Governor m ay, by order, direct , shall not wit hst anding anyt hing
cont ained in clause ( a) of sub- sect ion ( 2) of Sect ion 3, act as Lokayukt a unt il t he
dat e a new Lokayukt a appoint ed in accordance wit h t he provisions of t his Act t o
fill such vacancy ent ers upon his office.

( 3) When t he Lokayukt a is unable t o discharge his funct ions owing

t o absence, illness or any ot her cause, t he Upalokayukt a or if t here are m ore t han
one t hen such one of t hem as t he Lieut enant Governor m ay, by order, direct ,
shall not wit hst anding anyt hing cont ained in clause ( a) of sub- sect ion ( 2) of
Sect ion 3, discharge his funct ions unt il t he dat e t he Lokayukt a resum es his
dut ies.

( 4) The Uplokayukt a shall, during and in respect of t he period

while he is so act ing as or discharging t he funct ions of Lokayukt a, have all t he
powers and im m unit ies of t he Lokayukt a and be ent it led t o salary, allowances and
perquisit es as are specified in t he Second Schedule in relat ion t o Lokayukt a.

( 5) A vacancy occurring in t he office of t he Lokayukt a or an

Upalokayukt a by reason of his deat h, resignat ion, rem oval or ot herwise shall be
filled in as soon as possible but not lat er t hen six m ont hs from t he dat e of
occurrence of such vacancy.
 LatestLaws.com

( 6) On ceasing t o hold office, t he Lokayukt a or Upalokayukt a shall

be ineligible for furt her appoint m ent as t he Lokayukt a or Upalokayukt a in any
em ploym ent under Governm ent or for any em ploym ent under any such
Governm ent Com pany, local aut horit y, corporat ion under t he adm inist rat ive
cont rol of t he Governm ent or St at ut ory Com m issions set up by t he Governm ent
as is referred t o in sub- clause ( iv) of clause ( m ) of Sect ion 2.

( 7) There shall be paid t o t he Lokayukt a and Upalokayukt a such

salaries as are specified in t he Second Schedule.

( 8) The allowances and pension payable t o, and ot her condit ions of

service of, Lokayukt a or Upalokayukt a shall be such as m ay be prescribed;

Provided t hat -

( a) in prescribing t he allowances and pension payable t o and ot her

condit ions of service of, Lokayukt a, regard shall be had t o t he
allowances and pensions payable t o and ot her condit ions of service
of Chief Just ice or a Judge of a High Court , as t he case m ay be;

( b) in prescribing t he allowances and pension payable t o and ot her

condit ions of service of Upalokayukt a regard shall be had t o t he
allowances and pension payable t o, and ot her condit ions of service
of a Dist rict Judge in Delhi or a Secret ary t o t he Governm ent or a
Joint Secret ary t o t he Governm ent of I ndia, as t he case m ay be;

provided furt her t hat t he allowances and pension payable t o, and ot her condit ions
of service of, t he Lokayukt a or Upalokayukt a shall not be varied t o his
disadvant age aft er his appoint m ent .

( 9) The adm inist rat ive expenses of t he office of t he Lokayukt a and

Upalokayukt a including all salaries, allowances and pension payable t o or in
respect of persons serving in t hat office, shall be charged on t he Consolidat ed
Fund of Delhi.

6. Rem oval of Lokayukt a or Upalokayukt a.- ( 1) The Lokayukt a

or Upalokayukt a shall not be rem oved from his office except by an order of t he
Lieut enant Governor passed, wit h t he prior approval of t he President and aft er an
address by t he Legislat ive Assem bly support ed by a m aj orit y of t he t ot al
m em bership of t he legislat ive Assem bly and by a m aj orit y not less t han t wo
t hirds of t he m em bers t hereof present and vot ing has been present ed t o t he
Lieut enant Governor in t he sam e session for such rem oval on t he ground of
proved m isbehavior or incapacit y.

( 2) The procedure for t he present at ion of an address and for t he

invest igat ion and proof of t he m isbehavior or incapacit y of t he Lokayukt a or
Upalokayukt a under sub- sect ion ( 1) shall be as provided in t he Judges ( I nquiry)
Act , 1968 ( 51 of 1968) , in relat ion t o t he rem oval of a Judge and accordingly, t he
provisions of t hat Act shall, subj ect t o necessary m odificat ions, apply in relat ion
t o t he rem oval of t he Lokayukt a or Upalokayukt a as t hey apply in relat ion t o t he
rem oval of Judge.
 LatestLaws.com

7. Mat t er which m ay be inquired int o by Lokayukt a or Uplokayukt a- Subj ect

t o t he provisions of t his Act , on receiving com plaint s or ot her inform at ion or suo
m ot o

( a) The Lokayukt a m ay proceed t o inquire int o an allegat ion m ade

against a public funct ionary in relat ion t o whom eit her t he
President or Lieut enant Governor is t he com pet ent
aut horit y;

( b) The Upalokayukt a m ay proceed t o inquire int o an allegat ion

m ade against any public funct ionary ot her t han t hat referred
t o in clause ( a) ;

Provided t hat t he Lokayukt a m ay inquire int o an allegat ion

m ade against any public funct ionary referred t o in clause ( b) .

Explanat ion : - For t he purposes of t his sect ion t he expressions m ay proceed t o

inquire and m ay inquire include invest igat ion by any person or agency at t he
disposal of t he Lokayukt a and Upalokayukt a in pursuance of sub- sect ion ( 2) of
Sect ion 13.

8. Mat t er not subj ect t o inquiry.- The Lokayukt a or an Upalokayukt a shall

not inquire int o any m at t er

( i) which has been referred for inquiry under t he Com m issions of

I nquiry Act , 1952 ( 60 of 1952) ; or

( ii) relat ing t o an allegat ion against a public funct ionary, if t he

com plaint is m ade aft er expirat ion of a period of five years from t he
dat e on which t he conduct com plained against is alleged t o have
been com m it t ed.

9. Provisions relat ing t o com plaint s.- ( 1) Every com plaint involving an
allegat ion shall be m ade in such form as m ay be prescribed and shall
be accom panied by a deposit of Rs.500/ - ( Five hundred rupees) . The
com plainant shall also swear an affidavit in such form as m ay be
prescribed before any office aut horized by t he Lokayukt a in t his behalf.

( 2) Not wit hst anding anyt hing cont ained in Sect ion 10 or any ot her
provision of t his Act , every person who willfully or m aliciously m akes
any false com plaint under t his Act , shall, on convict ion, be punished
wit h rigorous im prisonm ent which m ay ext end t o t hree years or wit h
fine which m ay ext end t o five t housand rupees or wit h bot h and t he
court m ay order t hat out of t he am ount of fine such sum as it m ay
deem fit be paid by way of com pensat ion t o t he person against whom
such com plaint was m ade;

Provided t hat no court shall t ake cognizance of an offence

punishable under t his sect ion except on a com plaint m ade by or under
t he aut horit y of t he Lokayukt a or Upalokayukt a, as t he case m ay be;
 LatestLaws.com

Provided furt her t hat t he com plaint m ade under t he signat ure and
seal of Lokayukt a or Upalokayukt a shall be deem ed as form ally proved
and t he evidence of Lokayukt a and Upalokayukt a shall not be
necessary for t he purpose.

10. Procedure in respect of inquiry.- The Lokayukt a or Upalokayukt a

shall, in each case before it , decide t he procedure t o be followed for m aking t he
inquiry and in so doing ensure t hat t he principles of nat ural j ust ice are sat isfied.

11. Applicabilit y of Evidence Act and Code of Crim inal Procedure.- ( 1) The
provisions of t he Evidence Act , 1872 ( 1 of 1872) , and t he code of Crim inal
Procedure, 1973 ( 2 of 1974) , shall as nearly as m ay be, apply t o t he procedure of
inquiry before Lokayukt a or Upalokayukt a in t he m at t er of

( i) sum m oning and enforcing t he at t endance of any person and

his exam inat ion on oat h;

( ii) requiring t he discovery and product ion of docum ent s and

proof t hereof;

( iii) receiving evidence on affidavit s;

( iv) requisit ioning any public record or copy t hereof from any
court or office;

( v) issuing com m issions for exam inat ion of wit nesses or

docum ent s; and such ot her m at t ers as m ay be prescribed;

Provided t hat no proceeding before t he Lokayukt a or Upalokayukt a shall

be invalidat ed only on account of want of form al proof if t he principles of nat ural
j ust ice are sat isfied.

( 2) proceeding before t he Lokayukt a or Upalokayukt a shall be

deem ed t o be a j udicial proceeding wit hin t he m eaning of sect ion 193 and
sect ion 228 of t he I ndian Penal Code, 1960 ( 45 of 1960) .

( 3) * The Lokayukt a or Upalokayukt a shall be deem ed t o be a Civil

Court for t he Purposes of sect ion 195 and Chapt er XXVI of t he Code of
Crim inal Procedure, 1973 ( 2 of 1974) .

* subst it ut ed vide Not ificat ion dat ed 24 t h Sept em ber, 1996

12. Report of Lokayukt a and Upalokayukt a.- ( 1) I f, aft er inquiry int o t he

allegat ions, t he Lokayukt a or an Upalokayukt a is sat isfied t hat such allegat ion
is est ablished, he shall, by report in writ ing, com m unicat e his findings and
recom m endat ions along wit h t he relevant docum ent s, m at erials and ot her
evidence t o t he com pet ent aut horit y.
 LatestLaws.com

( 2) The com pet ent aut horit y shall exam ine t he report forwarded
t o it under sub- sect ion ( 1) and int im at e, wit hin t hree m ont hs of t he
dat e of receipt of t he report , t he Lokayukt a or, as t he case m ay be,
t he Upalokayukt a, t he act ion t aken or proposed t o be t aken on t he
basis of t he report .

( 3) I f t he Lokayukt a or t he Upalokayukt a is sat isfied wit h t he

act ion t aken or proposed t o be t aken on his recom m endat ions, he
shall close t he case under inform at ion t o t he com plainant , t he
public funct ionary and t he com pet ent aut horit y concerned. I n any
ot her case, if he considers t hat t he case so deserves, he m ay m ake
a special report upon t he case t o t he Lieut enant Governor and also
inform t he com plainant concerned.

( 4) The Lokayukt a and t he Upalokayukt a shall present annually a

consolidat ed report on t he perform ance of t heir funct ions under t his
Act , t o t he Lieut enant Governor.

( 5) I f in any special report under sub- sect ion ( 3) or t he annual

report under sub- sect ion ( 4) any adverse com m ent is m ade against
any public funct ionary, such report shall also cont ain t he subst ance
of t he defence adduced by such public funct ionary and t he
com m ent s m ade t hereon by or on behalf of t he Governm ent or t he
public aut horit y concerned, as t he case m ay be.

( 6) On receipt of a special report under sub- sect ion ( 3) , or t he

annual report under sub- sect ion ( 4) , t he Lieut enant Governor shall
cause a copy t hereof t oget her wit h an explanat ory m em orandum t o
be laid before Legislat ive Assem bly

( 7) Subj ect t o t he provisions of sect ion 10, t he Lokayukt a m ay at

his discret ion m ake available from t im e t o t im e, t he subst ance of
cases closed or ot herwise disposed of by him , or by an
Upalokayukt a, which m ay appear t o him t o be of general public,
academ ic or professional int erest , in such m anner and t o such
persons as he m ay deem appropriat e.

13. St aff of Lokayukt a and Upalokayukt a.- ( 1) The Governm ent shall in
consult at ion wit h t he Lokayukt a, provide officers and ot her em ployees t o assist
t he Lokayukt a and Upalokayukt a in t he discharge of t heir funct ions under t his
Act .

( 2) wit hout prej udice t o t he provisions of sub- sect ion ( 1) , t he

Lokayukt a or an Upalokayukt a m ay, for t he purpose of conduct ing
inquiries under t his Act , ut ilize t he services of

( i) any officer on invest igat ion agency of t he Governm ent or

t he Cent ral Governm ent , wit h t he concurrence of t hat
Governm ent , or

( ii) any ot her person or agency.

 LatestLaws.com

14. Secrecy of I nform at ion.- ( 1) Any inform at ion obt ained by t he Lokayukt a
or t he Upalokayukt a or m em bers of t heir st aff in t he course of or for t he purposes
of any invest igat ion under t his Act , and any evidence recorded or collect ed in
connect ion wit h such inform at ion shall be t reat ed as confident ial and
not wit hst anding anyt hing cont ained in t he I ndian Evidence Act , 1872 ( 1 of 1872) ,
no court shall be ent it led t o com pel t he Lokayukt a or an Upalokayukt a or any
public funct ionary t o give evidence relat ing t o such inform at ion or produce t he
evidence so report ed or collect ed.

( 2) Not hing in sub- sect ion ( 1) shall apply t o t he disclosure of any

inform at ion or part iculars

( a) for purposes of t he inquiry or in any report t o be m ade t hereon or for

any act ion or proceedings t o be t aken on such report ; or

( b) for purposes of any proceedings for an offence under t he Official

Secret Act , 1923 ( 19 of 1923) , or any offence of giving or
fabricat ing false evidence under t he I ndian Penal Code or for
purposes of any proceedings under sect ion 15; or

( c) for such ot her purposes as m ay be prescribed.

( 3) An officer or ot her aut horit y prescribed in t his behalf m ay give not ice
in writ ing t o t he Lokayukt a or an Upalokayukt a, as t he case m ay be,
wit h respect t o any docum ent or inform at ion specified in t he not ice or
any class of docum ent s so specified t hat in t he opinion of t he
Governm ent t he disclosure of t he docum ent s or inform at ion or
docum ent s or inform at ion of t hat class would be cont rary t o public
int erest and where such a not ice is given, not hing in t his Act , shall be
const rued as aut horizing or requiring t he Lokayukt a, t he Upalokayukt a
or any m em ber of t heir st aff t o com m unicat e t o any person any
docum ent or inform at ion specified in t he not ice or any docum ent or
inform at ion of a class so specified.

15. Prot ect ion.- ( 1) No suit , prosecut ion or ot her legal proceeding shall be
against t he Lokayukt a or Upalokayukt a or against any m em ber of
t he st aff of t he office of t he Lokayukt a or any office, agency or
person referred t o in sub- sect ion ( 2) of sect ion 13, in respect of
anyt hing which is done or int ended t o be done in good fait h under
t his Act .

( 2) Save and ot herwise provided in t his Act , no proceedings,

decision, order or any report of t he Lokayukt a or Upalokayukt a, as
t he case m ay be including any recom m endat ion m ade t hereunder,
shall be liable t o be challenged, reviewed, quashed, m odified or
called in quest ion in any m anner what soever in any court or
t ribunal.

16. Lokayukt a t o m ake suggest ions.- The Lokayukt a, if in t he discharge of

his funct ions under t his Act , not ices a pract ice or procedure which in his opinion
afforded an opport unit y for corrupt ion or m al adm inist rat ion, he m ay bring t o t he
 LatestLaws.com

not ice of t he Governm ent and m ay suggest such im provem ent in t he said pract ice
or procedure as he m ay deem fit .

17. For t he rem oval of doubt s it is hereby declared t hat not hing in t his Act
shall be const rued t o aut horize t he Lokayukt a or an Upalokayukt a t o inquire int o
an allegat ion against -

( a) any m em ber of t he Judicial Services who is under t he

adm inist rat ive cont rol of t he High Court under Art icle 235 of
t he Const it ut ion;

( b) any person who is a m em ber of a Civil Service of t he Union or an

All I ndia Service or Civil Service of a St at e or holds a Civil
post under t he Union or a St at e in connect ion wit h t he
affairs of Delhi.

18. Provision of t his Act t o be in addit ion t o any ot her law for t he t im e being in
force.- The provisions of t his Act shall be in addit ion t o t he provisions of
any ot her enact m ent or any rule or law under which any rem edy by way of
appeal, revision, review or in any ot her m anner is available t o a person m aking a
com plaint under t his Act in respect of any act ion, and not hing in t his Act shall
lim it or affect t he right of such person t o avail of such rem edy.

19. Power t o Delegat e.- The Lokayukt a or Upalokayukt a m ay by a

general or special order in writ ing , direct t hat any power conferred or dut ies
im posed on him by or under t his Act ( except t he power t o m ake inquiry or t o
report t o t he com pet ent aut horit y) m ay also be exercised or discharged by such
of t he officers, em ployees, agencies referred t o in sect ion 13 as m ay be specified
in t he order.

20. Powers t o m ake Rules.- ( 1) The Lieut enant Governor m ay, by

not ificat ion in t he official Gazet t e and subj ect t o t he condit ion of previous
publicat ion, m ake rules for carrying out t he purposes of t his Act .

( 2) I n part icular, and wit hout prej udice t o t he generalit y of t he

foregoing provisions, such rules m ay provide for

( a) t he aut horit ies for t he purposes required t o be

prescribed under sub- clause ( B) of clause ( d) of sect ion 2;
 LatestLaws.com

( b) t he allowances and pension payable t o and ot her

condit ions of service of, t he Lokayukt a and Upalokayukt a;

( c) t he form s in which com plaint s m ay be m ade or as t he

case m ay be, affidavit s m ay be sworn;

( d) secrecy of inform at ion for purposes required t o be

prescribed under clause ( c) of sub- sect ion ( 2) of sect ion 14;

( e) any ot her m at t er which is t o be or m ay be prescribed

in respect of which t his Act m akes no provision or m akes
insufficient provision and provision is in t he opinion of t he
Lieut enant Governor necessary for t he proper
im plem ent at ion of t his Act .

( 3) Every rule m ade under t his Act and every order issued under
sect ion 21 shall be laid as soon as m ay be aft er it is m ade or issued
before t he Legislat ive Assem bly while it is in session for a t ot al
period of t hirt y days which m ay be com prised in one session or in
t wo or m ore successive sessions and if, before t he expiry of t he
session im m ediat ely following t he session or t he successive
sessions aforesaid, t he House agrees in m aking any m odificat ion in
t he rule or order or t he House agrees t hat t he rule or order should
not be m ade or issued, t he rule or order, shall t hereaft er have
effect only in such m odified form or be of no effect , as t he case
m ay be; so, however, t hat any such m odificat ion or annulm ent
shall be wit hout prej udice t o t he validit y of anyt hing previously
done under t hat rule or order.

21. Power of Lt . Governor t o rem ove difficulties.- I f any difficult y arises in giving
effect t o t he provisions of t his Act , t he Lieut enant Governor m ay, by order as
occasion requires, do anyt hing which appears t o him t o be necessary for t he
purpose of rem oving t he difficult y;

Provided t hat no such order shall be m ade aft er t he expirat ion of t wo

years from t he dat e of t he com m encem ent of t his Act .

[ Top]

TH E FI RST SCH ED ULE

[ See Sect ion 3 ( 3) ]

I , _______________________________, having been appoint ed

Lokayukt a / Upalokayukt a do swear in t he nam e of God/ solem nly affirm t hat I will
 LatestLaws.com

bear t rue fait h and allegiance t o t he Const it ut ion of I ndia as by law est ablished
and I will duly and fait hfully and t o t he best of m y abilit y, knowledge and
j udgm ent perform t he dut ies of m y office wit hout fear, favour, affect ion or ill- will.

Signat ure

DELHI

Dat ed t he
 LatestLaws.com

[ Top]

TH E SECON D SCH ED ULE

[ See Sect ion 5 ( 7) ]

Aft er appoint m ent t here shall be paid t o t he Lokayukt a and

Upalokayukt a, in respect of t im e spent on act ual service, salary at t he following
rat es per m ensum , t hat is t o say

LOKAYUKTA Rupees 9,000/ - plus such perquisit es and allowances as

are payable t o

( i) a Chief Just ice of a High Court in case Lokayukt a is

appoint ed from am ongst Chief Just ice of High Court s in
I ndia;

( ii) a Judge of a High Court in case Lokayukt a is

appoint ed from am ongst Judges of High Court s in I ndia.

UPALOKAYUKTA - Rupees 8,000/ - plus such perquisit es and

allowances as are payable t o

( i) a Secret ary t o t he Governm ent in case Upalokayukt a

is appoint ed from am ongst t he Secret aries t o t he
Governm ent ;

( ii) a Dist rict Judge in Delhi in case Upalokayukt a is

appoint ed from am ongst Dist rict Judges in Delhi;

( iii) a Joint Secret ary t o t he Governm ent of I ndia in case

Upaklokayukt a is appoint ed from am ongst t he Joint
Secret aries t o t he Governm ent of I ndia;

Provided t hat if t he Lokayukt a or an Upalokayukt a at t he t im e of his

appoint m ent is in receipt of a pension ( ot her t han a disabilit y or wound pension)
in respect of any previous service under t he Governm ent of I ndia or any of it s
predecessor Governm ent or under t he Governm ent of St at e or any of it s
predecessor Governm ent s, his salary in respect of service as t he Lokayukt a, or as
t he case m ay be, Upalokayukt a, shall be reduced-
 LatestLaws.com

( a) by t he am ount of t hat pension; and

if he has, before such appoint m ent received in lieu of a port ion of t he pension due
t o him in respect of such previous service t he com m ut ed value t hereof, by t he
am ount of t hat port ion of t he pension.
 LatestLaws.com

ACT 1%
PELHI ACT NO.9 01;1996)
As passd by Ilrc Ixgislafive Assembly of t l ~ e
Nn~ionalCspiul Tcrrirory o r h l h i
AN
ACT
hlnhcr Lo anlcnd rhc Dclh i Lokayuhm and Uplokay~~I~ti
Acl, 1995
BE ir enactcd by Ihc Lcgislalivc Assembly alLhe Nalional GpiuJ Tcrrilov of Del hi in Lht:Foq-sc\c11! h y u t of hr
Rcplibic 01India as follo\vs: -
1. Sllon Ti1re.-41) This Act may be called llle Dcllli Lbkayukra and Uplokayuloa (An~endnwir)A c l 1936.
2. A l ~ ~ e ~ ~ d n esnc luaofn 1 I .-In f l ~ Dellu
e l a k a ~ ~ i d U p l a k a y Acr.
u h ~1955 (Delhi A d i af1336) in scction 11, lor mb-
scclioll 3. [he rollowing shallk substituted, m d y :-
"(3) n ~ Lokayllkta
e i h a be deemed lo be a Civil Courl far the purposes dscction 195 and CIl;lp~cr
and ~ ~ a l b l o y ~sllall
XXVIoff l CCodc~rCrirninalPrdurc.
~ 1973 [2 of 1974)." '
R.T.L.D'SOUU, Unhr Sccy. &. A.i

No. F.113IDG-Hp)IEslt.f5193.-In cscrcisc or lhe powers wnfc rrdby clause {o) S: (sl of Scction 2 or 111cUdc or
Crilninal Produrc, 1973 (ACI No. 2 of 1974) rcadairhthc Goveriimcnr ofIndia; hlinisy orHonic AbirsNo~GcabonNo.U-
11011Enrl-UTL(i) , dntcd ZOdi Marclcl914 thc LI. Govcnior ofNaliomd Capik.r~Tcrtiro~oiDc~lu L l e r c l y p l ~ LO
d dtclarcthc
Special Taslc Force to bc n Policc Skition lor t l ~ crcgislrali~nand invf~ligarionofmscs under ludian Pcnd Cade and Low1 6:
S p - i a l L i i \ includingthc
~~ PmcnlionoiCorruption Acg prfscml y situalcd alOu:PolimHd.qrs.MSO Building. Nc~vDclclhiar at
t oficcrs oflhc l a n k of I ~ q x c t oand
any oilier placdplaccs ivl~erethc ollicc i s s11iTtcd.in rulurc and furlhcr i l ~ a ils r abobc shall
ctQoy thc pncrs of 1l1c Oficcr 1ncl)argc o f Police Slation ror cscrcisiug po~\crsunder thc pmvjsior~ of Cr. P.C.i n i:rt
in~esligaliono l ~ l ~ars:c s asigued lo ii. Tlit SpccialT;~kForccslwll havc jurisdjdonacr lhc cnlirt:Nauon;~lCapiinl Tcrriion-
oIDc1hi.
: . By Oorder nnd i n Lhc name d
.
, ,r
Lr. Governcrofkiy
. RAJ K. s ~ N A~t,se&( I I D ~ ~ )
, '

. o K o r bldh Prcss. Ring Road. Mayapui NEW

I ' r h ~ l dby rhc M a ~ y r G D~lhi-110064
-
and Pubtisl~rdby I l ~ cCa~vrnllcr'niPubliurivnr. DcIlri-I10054 13%