Short title and commencement.

03b26a283b677bded76ddc1b1e0d3c5832f47394 · 2003 · West Bengal

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Parent: The West Bengal Lokayukta Act, 2003 (3b651cf473ff9e7ac1f12cfb6d66931d82249d95)

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*tatcle-A., VAISAKHA 31] Short title and commencement. Rothata Extraordinary Published by Authority FRIDAY, MAY 21, 2004 PART III —A —Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL . LAW DEPARTMENT Legislative NOTIFICATION No. 865-L.-21st May, 2004.—The following Act of the West Bengal Legislature, having been assented to by the President of India is hereby published for general information: — West Bengal Act XXXV of 2003 THE WEST BENGAL LOKAYUKTA ACT, 2003. [Passed by the West Bengal Legislature.] [Assent of the President of India was first published in the Kolkata Gazette, Extraordinary, of the 21st May, 2004.] An Act to provide for the establishment of the institution of Lokayukta to investigate the complaints by the citizens against the public functionaries in West Bengal alleging corrupt practices by them and for matters directly connected therewith. WHEREAS it is expedient to provide for the establishment of the institution of Lokayukta to investigate the complaints by the citizens against the public functionaries in West Bengal alleging corrupt practices by them and for matters directly connected therewith; It is hereby enacted in the Fifty-fourth Year of the Republic of India, by the Legislature of West .Bengal, as follows:- (1) This Act may be called the West Bengal Lokayukta Act, 2003. . It extends to the whole of West. Bengal. It shall come into force on iliai date as the State Government may, by notification, appoint. a3ette [SAKA 1926 I I Ii Definitions. I AI ntmeni of ULo yukta and p The West Bengal Lokayukta Act, 2003. (Sections 2, 3.) In this Act, unless the context otherwise requires,— "action" means action taken by a public functionary in the discharge or purported discharge of his public function; "Chief Minister" means the Chief Minis

Rule TOC

4 · The Lokayukta or Upa-Lokayukta shall not be a Member of Parliament or a Member of the Legislature of any State, or hold any office of profit, other than office as the Lokayukta or, as the case may be, Upa-Lokayukta, or be connected wi any political party, or carry on any business or practice any profession, and, accordingly, a person appointed as the Lokayukta or Upa-Lokayukta shall, before he enters upon his office,—

5 · (1) Every person appointed as the Lokayukta or Upa-Lokayukta shall hold office for a period of three years from the date he assumes his office:

6 · (1) The Lokayukta or Upa-Lokayukta shall not be removed from his office except by an order of the Governor, passed after an address by the Legislative Assembly of the State supported by a. majority of the total membership of the House and by a majority of not less than two-thirds of the members of that House present and voting, has been presented to the Governor in the same session for such removal on the ground of proved misconductincluding corrupt practice or incapacity.

7 · (1) Subject to the provisions of this Act, the Lokayukta may investigate any complaint received by him with the general or specific approval of, or at the instance of the competent authority, in any case where a complaint is made in respect of such action which can be in the opinion of the Lokayukta, the subject of a complaint.

9 · (1) Subject to the provisions of this Act, complaint may be made by any person to the Lokayukta in respect of any action:

51 · of 1968.

37 · of 1850.

60 · of 1952.

11 · (1) Subject to other provisions of this section, for the purposes of any investigation (including preliminary enquiry, if any, before such investigation) under this Act, the Lokayukta or Upa-Lokayukta may require any public servant or any other person, who, in his opinion, is able to furnish information or produce documents, relevant to the investigation, to furnish such information or produce such document.

5 · of 1908.

12 · (1) If, after investigation of any complaint in respect of any action under this Act, the Lokayukta or Upa-Lokayukta is satisfied that such complaint is substantiated, either wholly or partly, he shall send to the competent authority a' eport in writing, recording therein his findings and recommendations along with the relevent documents, materials or other evidence.

13 · (1) The Lokayukta and the Upa-Lokayukta shall present annually a consolidated report on the work done under this Act to the State Government.

14 · (1) Notwithstanding anything contained in section 10 or elsewhere in this Act, whoever wilfully or maliciously makes any false complaint under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to one year but shall not be less than three months and shall also be liable to fine.

45 · of 1860.

15 · (1) Subject to the approval of the Governor the Lokayukta may appoint, or authorise an Upa-Lokayukta or any officer subordinate to the Lokayukta or UpaLokayukta to appoint, officers and other employees to assist the Lokayukta and the Upa-Lokayukta in the discharge of their functions under this Act.

16 · (1) Any information obtained by the Lokayukta or Upa-Lokayukta or any of his officers or other employees in the course of, or for the purposes of, any preliminary enquiry under this Act, and any evidence recorded or collected in connection with such information, shall, subject to the provisions of clause (a) of sub-section (2) of section 10, be treated as confidential; and notwithstanding anything contained in the Indian Evidence Act, 1872, no,court shall have jurisdiction to compel the Lokayukta or Upa-Lokayukta or any public servant to give evidence relating to such information or to produce the evidence so recorded or collected.

1 · of 1872.

19 · of 1923.

45 · of 1860.

4 · 4.

17 · (1) Whoever intentionally insults or causes any interruption to the Lokayukta or Upa-Lokayukta while the Lokayukta or Upa-Lokayukta is making any investigation under· this Act, shall, on conviction, be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

18 · (1) No suit, prosecution or other legal proceedings shall lie against the Lokayukta or Upa-Lokayukta or against any officer, employee, investigating agency, or other person or agency referred to in section 14 in respect of anything which is in good faith done or intended to be done under this Act.

19 · The Lokayukta and Upa-Lokayukta shall be entitled to such allowances and privileges and other conditions of appointment, as may be prescribed.

20 · (1) The State Government may, by order in writing, subject to such conditions and limitations as may be specified in the order, require the Lokayukta or UpaLokayukta to investigate any allegation (being an allegation in respect of which a complaint may be made under this Act to the Lokayukta or Upa-Lokayukta) and, notwithstanding anything contained in this Act, the Lokayukta or Upa-Lokayukta, as the case may be, shall comply with such order.

2 · of 1974.

70 · of 1971.