The Tamil Nadu Lokayukta Act, 2018
tamil-nadu · 2018
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 13th November 2018 - vide Notification No
- S. 2(1) In this Act, unless the context otherwise requires,— Defi nitions
- S. 3Section 3 establishes the Lokayukta body in Tamil Nadu, detailing its composition and eligibility criteria for its members.
- S. 4(1) The Chairperson and the Members shall be appointed by the Governor
- S. 5Section 5 appoints and outlines the term, resignation, and removal of the Chairperson and Members of the Lokayukta.
- S. 6Section 6 sets the salary, allowances, and service conditions for the Chairperson and Members of the Lokayukta, aligning them with High Court officials, with pension adjustments.
- S. 7Section 7 prohibits former Lokayukta officials from reappointment or government employment after leaving office, except for limited Chairperson reappointments.
- S. 8Section 8 allows the senior-most member to act as Chairperson in case of vacancy or absence.
- S. 9Section 9 appoints a Secretary and Director of Inquiry for the Lokayukta, and outlines their ranks and appointment process.
- S. 10Section 10 establishes an Inquiry Wing for the Lokayukta to investigate offenses by public servants.
- S. 11Section 11 of the Tamil Nadu Lokayukta Act, 2018 funds the Lokayukta's administrative expenses from the state's Consolidated Fund.
- S. 12Section 12 grants the Lokayukta jurisdiction over various categories of misconduct by public officials.
- S. 13Section 13 exempts certain actions from Lokayukta inquiry, including matters related to state security, court determinations, commercial contracts, public servant conditions, honours, and formal inquiries.
- S. 14Section 14 continues pending corruption cases before existing courts or authorities under the Prevention of Corruption Act.
- S. 15(1) Subject to the provisions of this Act,— Constitution of Benches of Lokayukta
- S. 16Section 16 allows the Chairperson to distribute Lokayukta's business among benches and specify matters each bench handles.
- S. 17The Chairperson can transfer pending cases from one bench to another upon application.
- S. 18Section 18 outlines the procedure for resolving disagreements among Lokayukta Bench members by referring to the Chairperson for decision-making.
- S. 19Section 19 outlines the Lokayukta's process for deciding whether to proceed with complaints against public servants and conducting preliminary inquiries.
- S. 20Section 20 allows the Lokayukta to investigate others and ensure they have a fair hearing if their reputation may be affected.
- S. 21Section 21 allows the Lokayukta or Director of inquiry to request information or documents from public servants or others for preliminary or detailed inquiries.
- S. 22Section 22 exempts Lokayukta from needing approval for preliminary or detailed inquiries on complaints against public servants.
- S. 23The Lokayukta has oversight and direction authority over the Director of inquiry for investigations under this Act.
- S. 24Section 24 grants the Lokayukta's Inquiry Wing powers equivalent to a civil court for certain inquiries.
- S. 25Section 25 allows the Lokayukta to use government officers or agencies for inquiries, directing them to summon people, request documents, and obtain public records.
- S. 26Section 26 allows the Lokayukta to recommend transfer or suspension of a public servant suspected of corruption to prevent adverse effects or evidence tampering.
- S. 27Section 27 empowers the Lokayukta to issue directions to public servants to protect documents, prevent tampering, and stop asset transfers from corrupt means.
- S. 28Section 28 allows the Lokayukta to delegate administrative or financial powers to specific members or officials.
- S. 29(1) The Lokayukta shall not inquire into any complaint made against the Chairperson or any Member
- S. 30Section 30 outlines procedures for handling complaints against Lokayukta officials, including inquiry timelines and suspension powers.
- S. 31Section 31 mandates the Lokayukta to prepare and submit its budget to the Government for approval.
- S. 32The section authorizes the government to provide funds for the Lokayukta's salaries, allowances, and administrative expenses.
- S. 33Section 33 mandates the Lokayukta to maintain and audit accounts, with the Accountant General overseeing audits and reporting to the government.
- S. 34Section 34 mandates the Lokayukta to provide requested returns and statements to the Government regarding matters under its jurisdiction.
- S. 35Section penalizes false complaints under the Act with imprisonment and fines, and requires compensation to public servants.
- S. 36Section 36 holds responsible individuals and entities for offenses committed by societies or trusts, with protection for those acting in good faith.
- S. 37Section 37 protects public servants from legal action for actions done in good faith while performing official duties.
- S. 38Section 38 protects the Lokayukta and related officials from legal actions for good faith actions under the Act.
- S. 39Section 39 deems Lokayukta's chairperson, members, officers, and employees public servants under the Indian Penal Code.
- S. 40Section 40 limits Lokayukta inquiries to complaints filed within four years of the alleged offense.
- S. 41Section 41 bars civil courts from adjudicating matters the Lokayukta is authorized to determine.
- S. 42Legal assistance
- S. 43Section 43 ensures the Tamil Nadu Lokayukta Act overrides any conflicting state laws.
- S. 44(1) The Government may, by notifi cation, make rules to carry out the provisions of this Act
- S. 45Section 45 allows the Lokayukta to issue regulations to implement the Act, including displaying complaint status on its website.
- S. 46The act allows the government to issue orders to resolve difficulties in implementing the act, but only within three years of its commencement.
- S. 1908Section empowers the Lokayukta to summon individuals, demand documents, take affidavits, and requisition public records for investigations.
- S. 1952Section restricts Lokayukta's questioning of discretionary administrative actions unless discretion appears improperly exercised.
- S. 1974CHAPTER – II
- S. 1988Section exempts certain government officials and employees from Lokayukta's jurisdiction over corruption cases.
- S. 2018Section 141-142 of the Tamil Nadu Lokayukta Act 2018 amends the governance structure for anti-corruption officials.