JURISDICTION OF LOKAYUKTA

Jurisdiction of Lokayukta.

§12

Summary

(1) Subject to the other provisions of this Act, the Lokayukta shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption under the Prevention of Corruption Act, 1988 (49 of 1988), made in a complaint in respect of the following, namely :- (a) any person who is or has been a Chief Minister : Provided that, before initiating any inquiry against Chief Minister the prior approval of the Maharashtra Legislative Assembly shall be obtained. The motion thereof shall be placed before the next immediate Session of the Maharashtra Legislative Assembly : Provided further that, such motion shall be passed by not less than two-third of the total Members of the Maharashtra Legislative Assembly : Provided also that, the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against the Chief Minister, in so far as it relates to internal security or public order in the State: Provided also that, any such inquiry shall be held in camera and if the Lokayukta comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry shall not be published or made available to anyone ; (b) any other person who is or has been a Minister ; (c) any person who is or has been a Member of the State Legislature ; (d) any Member or Councillor of the Municipal Corporation, Municipal Council, Nagar Panchayat, Industrial Township, Zilla Parishad, Panchayat Samiti, or Village Panchayat including Mayor, Deputy Mayor, President, Vice-President, Chairman, Deputy Chairman, Sarpanch and Upa-Sarpanch and Chairman of any Committee of said local authorities ; (e) All India Services Officers (including Indian Administrative Services, Indian Police Services, Indian Forest Services, etc.), in connection with the affairs of the State Government ; (f) all officers and employees of the State Government and the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988), when serving or who have served, in connection with the affairs of the State excluding a person who is or has been working on Group 'D' post; (g) all officers and employees, of any body or board or corporation or authority or company or society or trust or autonomous body (by whatever name called), established by an Act of the Parliament or of the State Legislature or wholly or partly financed by the State Government or controlled by it, equivalent to the officers and employees specified in clause (f); 1[Explanation.- For the purposes of this clause, officers and employees of any body or board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of the Parliament, means officers and employees appointed by the State Government or by any authority of the State Government under the Act of Parliament;] (h) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, wholly or partly financed or aided by the State Government or any local authority or Government company, corporation, association or trust. Explanation.- For the purposes of clauses (g) and (i), it is hereby clarified that,- (i) any entity or institution, by whatever name called, corporation, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in those clauses ; (ii) a society, association of persons or trust shall be deemed to be wholly or partly aided by the State Government or local authority, if such entity has received any assistance from the State Government or local authority, in the form of land, grant-in-aid, loan, share capital, Government guarantee or any of them: Provided that, any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988) and the provisions of that Act shall apply accordingly. (2) The Lokayukta may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 (49 of 1988) against a person referred to in sub-section (1).

(1) Subject to the other provisions of this Act, the Lokayukta shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption under the Prevention of Corruption Act, 1988 (49 of 1988), made in a complaint in respect of the following, namely :- (a) any person who is or has been a Chief Minister : Provided that, before initiating any inquiry against Chief Minister the prior approval of the Maharashtra Legislative Assembly shall be obtained. The motion thereof shall be placed before the next immediate Session of the Maharashtra Legislative Assembly : Provided further that, such motion shall be passed by not less than two-third of the total Members of the Maharashtra Legislative Assembly : Provided also that, the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against the Chief Minister, in so far as it relates to internal security or public order in the State: Provided also that, any such inquiry shall be held in camera and if the Lokayukta comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry shall not be published or made available to anyone ; (b) any other person who is or has been a Minister ; (c) any person who is or has been a Member of the State Legislature ; (d) any Member or Councillor of the Municipal Corporation, Municipal Council, Nagar Panchayat, Industrial Township, Zilla Parishad, Panchayat Samiti, or Village Panchayat including Mayor, Deputy Mayor, President, Vice-President, Chairman, Deputy Chairman, Sarpanch and Upa-Sarpanch and Chairman of any Committee of said local authorities ; (e) All India Services Officers (including Indian Administrative Services, Indian Police Services, Indian Forest Services, etc.), in connection with the affairs of the State Government ; (f) all officers and employees of the State Government and the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988), when serving or who have served, in connection with the affairs of the State excluding a person who is or has been working on Group 'D' post; (g) all officers and employees, of any body or board or corporation or authority or company or society or trust or autonomous body (by whatever name called), established by an Act of the Parliament or of the State Legislature or wholly or partly financed by the State Government or controlled by it, equivalent to the officers and employees specified in clause (f); 1[Explanation.- For the purposes of this clause, officers and employees of any body or board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of the Parliament, means officers and employees appointed by the State Government or by any authority of the State Government under the Act of Parliament;] (h) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, wholly or partly financed or aided by the State Government or any local authority or Government company, corporation, association or trust. Explanation.- For the purposes of clauses (g) and (i), it is hereby clarified that,- (i) any entity or institution, by whatever name called, corporation, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in those clauses ; (ii) a society, association of persons or trust shall be deemed to be wholly or partly aided by the State Government or local authority, if such entity has received any assistance from the State Government or local authority, in the form of land, grant-in-aid, loan, share capital, Government guarantee or any of them: Provided that, any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988) and the provisions of that Act shall apply accordingly. (2) The Lokayukta may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 (49 of 1988) against a person referred to in sub-section (1).

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