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Delhi Lokayukta and Upalokayukta Act, 1995
Delhi Lokayukta and Upalokayukta Act, 1995
Sections
1. Short title, extent and commencement.
Section 12. Definition.
Section 23. Appointment of Lokayukta & Uplokayukta.
Section 34. Lokayukta or Upalokayukta to hold no other office.
Section 45. Duration of office and other conditions of service of Lokayukta and Upalokayukta.
Section 56. Removal of Lokayukta or Upalokayukta.
Section 67. Matter which may be inquired into by Lokayukta or Uplokayukta.
Section 78. Matter not subject to inquiry.
Section 89. Provisions relating to complaints.
Section 910. Procedure in respect of inquiry.
Section 1011. Applicability of Evidence Act and Code of Criminal Procedure.
Section 1112. Report of Lokayukta and Upalokayukta.
Section 1213. Staff of Lokayukta and Upalokayukta.
Section 1314. Secrecy of Information.
Section 1415. Protection.
Section 1516. Lokayukta to make suggestions.
Section 1617. For the removal of doubts it is hereby declared that nothing in this Act shall be construed to authorize the Lokayukta or an Upalokayukta to inquire into an allegation against.
Section 1718. Provision of this Act to be in addition to any other law for the time being in force.
Section 1819. Power to Delegate.
Section 1920. Powers to make Rules.
Section 2021. Power of Lt. Governor to remove difficulties.
Section 21
delhi-lokayukta-and-upalokayukta-act-1995.json
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21 Sections
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Delhi
{
"id": 27039,
"slug": "delhi-lokayukta-and-upalokayukta-act-1995",
"title": "Delhi Lokayukta and Upalokayukta Act, 1995",
"short_title": "Delhi Lokayukta and Upalokayukta Act, 1995",
"act_number": "(Delhi Act No. 1 of 1996)",
"act_year": 1995,
"act_type": "STATE",
"location": "Delhi",
"law_status": "unknown",
"enactment_date": null,
"description": "Delhi Lokayukta and Upalokayukta Act, 1995",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
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},
{
"number": "2",
"title": "2. Definition.",
"chapter": null,
"content": "(a) \"action\" means action by way of prosecution or otherwise taken on the report of the Lokayukta or the Upalokayukta and includes failure to act: and all other expressions connoting such action shall be construed accordingly;\n(b) \"allegation\" in relation to a public functionary means by affirmation that such public functionary in capacity as such -\n(i) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by the public functionaries or the class to which he belongs;\n(ii) has abused or misused his position to obtain any gain or favour to himself or to any other person or to cause loss or undue harm or hardship to any other person;\n(iii) was actuated in the discharge of his functions as such public functionary by improper or corrupt motives or personal interest;\n(iv) is or has at any time during the period of his office been in possession of pecuniary resources or property disproportionate to his known resources of income whether such pecuniary resources or property are held by the public functionary personally or by any member of his family or by some other person on his behalf;\n(c) \"Chief Minister\" means the Chief Minister of Delhi appointed under clause (5) of Article 239 AA of the Constitution;\n(d) \"competent authority\" in relation to a public functionary means-\n(A) in the case of -\n(i) Chief Minister and Minister, the President;\n(ii) A Member of the Legislative Assembly, the Lieutenant Governor, or during the period of operation of the order made under Article 239 AB of the Constitution, the President.\n(B) in the case of any other public functionary, such authority as may be prescribed;\n(e) \"corruption\" includes anything made punishable under Chapter IX of the Indian Penal Code, 1860 or under the Prevention of Corruption Act, 1988;\n(f) \"Delhi\" means the National Capital Territory of Delhi;\n(g) \"Government\" means the Government of the National Capital Territory of Delhi;\n(h) \"Legislative Assembly\" means the Legislative Assembly of the National Capital Territory of Delhi;\n(i) \"Lieutenant Governor\" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 of the Constitution;\n(j) \"Lokayukta\" means the person appointed as the Lokayukta under Section 3;\n(k) \"Minister\" means a Member (other than the Chief Minister) of the Council of Ministers appointed under clause (5) of Article 239 of the Constitution;\n(l) \"Prescribed\" means prescribed under the rules made under this Act;\n(m) \"public functionary\" means a person who is or has been at any time-\n(i) the Chief Minister or a Minister;\n(ii) a Member of Legislative Assembly;\n(iii) a person having the rank of a Minister but shall not include Speaker and Deputy Speaker of the Legislative Assembly;\n(iv) a Chairman, Vice-Chairman or Managing Director or a Member of a Board of Directors (by Whatever name they be called) in respect of -\n(1) an Apex Co-operative Society or any Co-operative Society constituted or registered under the Delhi Co-operative Societies Act, 1972, which is subject to the control of the Government;\n(2) a Government Company within the meaning of section 617 of the Companies Act, 1956, engaged in connection with the affairs, and is under the control of the Government;\n(3) a Local Authority established under any law in relation to Delhi;\n(4) a Corporation engaged in connection with the affairs, and under the control, of the Government;\n(5) any Commission or body set up by the Government which is owned and controlled by it;\n(v) a Member of the Municipal Corporation of Delhi as defined in clause 2(27) of the Municipal Corporation Act, 1957 (as amended in 1993);\n(n) \"rule\" means a rule made under this Act;\n(o) \"Upalokayukta\" means a person appointed as an Upalokayukta under section 3.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Appointment of Lokayukta & Uplokayukta.",
"chapter": null,
"content": "(a) the Lokayukta shall be appointed after consultation with the Chief Justice of the High Court of Delhi and the Leader of the Opposition in the Legislative Assembly and if there be no such leader, a person selected in this behalf by the Members of the Opposition in that House in such manner as the Speaker may direct;\n(b) the Upalokayukta shall be appointed in consultation with the Lokayukta.\n(a) the Lokayukta, unless he is or has been Chief Justice of any High Court in India, or a Judge of a High Court for seven years\n(b) an Upalokayukta, unless he is or has been a Secretary to the Government or a District Judge in Delhi for seven years or has held the post of a Joint Secretary to the Government of India.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Lokayukta or Upalokayukta to hold no other office.",
"chapter": null,
"content": "(a) if he is a member of Parliament or of the Legislative of any State or Union Territory, resign such membership; or\n(b) if he holds any office of profit resign from such office; or\n(c) if he is connected with any political party, severe his connection with it; or\n(d) if he is carrying on any business, severe his connection (short of divesting himself of ownership) with the conduct and management of such business; or\n(e) if he is practising any profession, suspend practice of such profession.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Duration of office and other conditions of service of Lokayukta and Upalokayukta.",
"chapter": null,
"content": "(a) Lokayukta or Upalokayukta may, by writing under his hand addressed to the Lieutinant Governor, resign his office and such resignation shall be effective as soon as it is accepted by the Lieutenant Governor;\n(b) Lokayukta or Upalokayukta may be removed from his office in the manner specified in Section 6.\n(a) in prescribing the allowances and pension payable to and other conditions of service of, Lokayukta, regard shall be had to the allowances and pensions payable to and other conditions of service of Chief Justice or a Judge of a High Court, as the case may be;\n(b) in prescribing the allowances and pension payable to and other conditions of service of Upalokayukta regard shall be had to the allowances and pension payable to, and other conditions of service of a District Judge in Delhi or a Secretary to the Government or a Joint Secretary to the Government of India, as the case may be;",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Removal of Lokayukta or Upalokayukta.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Matter which may be inquired into by Lokayukta or Uplokayukta.",
"chapter": null,
"content": "(a) The Lokayukta may proceed to inquire into an allegation made against a public functionary in relation to whom either the President or Lieutenant Governor is the competent authority;\n(b) The Upalokayukta may proceed to inquire into an allegation made against any public functionary other than that referred to in clause (a);",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Matter not subject to inquiry.",
"chapter": null,
"content": "(i) which has been referred for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952); or\n(ii) relating to an allegation against a public functionary, if the complaint is made after expiration of a period of five years from the date on which the conduct complained against is alleged to have been committed.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Provisions relating to complaints.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Procedure in respect of inquiry.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Applicability of Evidence Act and Code of Criminal Procedure.",
"chapter": null,
"content": "(i) summoning and enforcing the attendance of any person and his examination on oath;\n(ii) requiring the discovery and production of documents and proof thereof;\n(iii) receiving evidence on affidavits;\n(iv) requisitioning any public record or copy thereof from any court or office;\n(v) issuing commissions for examination of witnesses or documents; and such other matters as may be prescribed;",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Report of Lokayukta and Upalokayukta.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Staff of Lokayukta and Upalokayukta.",
"chapter": null,
"content": "(i) any officer on investigation agency of the Government or the Central Government, with the concurrence of that Government, or\n(ii) any other person or agency.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Secrecy of Information.",
"chapter": null,
"content": "(a) for purposes of the inquiry or in any report to be made thereon or for any action or proceedings to be taken on such report; or\n(b) for purposes of any proceedings for an offence under the Official Secret Act, 1923 (19 of 1923), or any offence of giving or fabricating false evidence under the Indian Penal Code or for purposes of any proceedings under section 15; or\n(c) for such other purposes as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Protection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Lokayukta to make suggestions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. For the removal of doubts it is hereby declared that nothing in this Act shall be construed to authorize the Lokayukta or an Upalokayukta to inquire into an allegation against.",
"chapter": null,
"content": "(b) any person who is a member of a Civil Service of the Union or an All India Service or Civil Service of a State or holds a Civil post under the Union or a State in connection with the affairs of Delhi.",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Provision of this Act to be in addition to any other law for the time being in force.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Power to Delegate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Powers to make Rules.",
"chapter": null,
"content": "(a) the authorities for the purposes required to be prescribed under sub-clause (B) of clause (d) of section 2;\n(b) the allowances and pension payable to and other conditions of service of, the Lokayukta and Upalokayukta;\n(c) the forms in which complaints may be made or as the case may be, affidavits may be sworn;\n(d) secrecy of information for purposes required to be prescribed under clause (c) of sub-section (2) of section 14;\n(e) any other matter which is to be or may be prescribed in respect of which this Act makes no provision or makes insufficient provision and provision is in the opinion of the Lieutenant Governor necessary for the proper implementation of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Power of Lt. Governor to remove difficulties.",
"chapter": null,
"content": "The First Schedule\n[ See Section 3 (3)]\nSignature\nThe Second Schedule\n[ See Section 5 (7)]\nLokayukta.\n(i) a Chief Justice of a High Court in case Lokayukta is appointed from amongst Chief Justice of High Courts in India;\n(ii) a Judge of a High Court in case Lokayukta is appointed from amongst Judges of High Courts in India.\nUpalokayukta.\n(i) a Secretary to the Government in case Upalokayukta is appointed from amongst the Secretaries to the Government;\n(ii) a District Judge in Delhi in case Upalokayukta is appointed from amongst District Judges in Delhi;\n(iii) a Joint Secretary to the Government of India in case Upaklokayukta is appointed from amongst the Joint Secretaries to the Government of India;\n(a) by the amount of that pension; and",
"footnote": "",
"is_definition": false,
"sort_order": 20
}
],
"metadata": {
"Act ID": "Last Updated 6th February, 2020 [dl203]",
"Act Number": "(Delhi Act No. 1 of 1996)",
"Enactment Date": "",
"Act Year": "1995",
"Short Title": "Delhi Lokayukta and Upalokayukta Act, 1995",
"Type": "UNION_TERRITORY",
"Location": "Delhi"
},
"updated_at": "2026-09-29 21:55:22"
}