EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1011, CUTTACK, SATURDAY, JUNE 23, 2018 / ASADHA 2, 1940

LAW DEPARTMENT

NOTIFICATION
The 23th June, 2018
No.6523—I-Legis-3/2014/L—The following Act of the Odisha Legislative
Assembly having been assented to by the President on the 16th January,2015 is
hereby published for general information.

ODISHA ACT 12 OF 2018

THE ODISHA LOKAYUKTA ACT, 2014

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY OF

LOKAYUKTA FOR THE STATE OF ODISHA TO INQUIRE
INTO ALLEGATIONS OF CORRUPTION AGAINST
CERTAIN PUBLIC FUNCTIONARIES AND FOR
MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.

BE it enacted by the Legislature of the State of Odisha in the

Sixty-fifth Year of the Republic of India, as follows:—

CHAPTER –I
PRELIMINARY

Short title, 1. (1) This Act may be called the Odisha Lokayukta Act, 2014.
extent,
application and (2) It extends to the whole of the State of Odisha.
commencement.
(3) It shall be applicable to the public servants of the State of Odisha
serving in and outside the State and the public servants under the control
of Government of Odisha.
 2

(4) It shall come into force on such date as the Government may, by
notification, appoint.
Definitions. 2. (1) In this Act, unless the context otherwise requires,—
(a) "bench" means a bench of the Lokayukta;
(b) "Chairperson" means the Chairperson of the Lokayukta;
(c) "competent authority", in relation to—
(i) the Chief Minister, means the Legislative Assembly of the
State;
(ii) a member of the Council of Ministers, means the Chief
Minister;
(iii) a member of State Legislative Assembly other than a
Minister, means the Speaker of the Legislative Assembly;
(iv) an officer in any Department of the Government, means the
Minister- in- charge of the Department under which such
officer is serving ;
(v) a Chairperson or member of any Body or Board or
corporation or Local authority or company or society or
autonomous Body (by whatever name called) established
or constituted under any Act of the Legislature of the State
or wholly or partly financed by the Government or
controlled by it, means the Minister -in- charge of the
Department of such Body or Board or corporation or
authority or company or society or autonomous body:

Provided that if such Chairperson or member is also a member

of the State Legislative Assembly, then the competent authority shall be
the Speaker of the Legislative Assembly;
(vi) an officer of any Body or Board or corporation or Local
authority or company or society or autonomous body (by
whatever name called) established or constituted under any
Act of the Legislature of the State or wholly or partly
financed by the Government or controlled by it, means the
head of such Body or Board or corporation or authority or
company or society or autonomous body; and
 3

(vii) any other case not falling under sub-clauses (i) to (vi) above,
means such Department or authority as the Government
may, by notification, specify;
(d) “complaint” means a complaint, made in such form as may be
prescribed, alleging that a public servant has committed an
49 of
offence punishable under the Prevention of Corruption 1988.

Act,1988;
(e) “Government” means the Government of Odisha;
(f) "investigation" means an investigation as defined under clause
(h) of section 2 of the Code of Criminal 2 of
1974.
Procedure, 1973;
(g) "Judicial Member" means a Judicial Member of the Lokayukta;
(h) "Lokayukta" means the body established under section 3;
(i) "Member" means a Member of the Lokayukta;
(j) "Minister" means Minister of the Government but does not
include the Chief Minister;
(k) “notification” means notification published in the Official Gazette
and the expression “notify” shall be construed accordingly;
(l) “preliminary inquiry” means an inquiry conducted under this Act;
(m) “prescribed” means prescribed by rules;
(n) “public servant” means a person referred to in clauses (a) to (h)
of sub-section (1) of section 14 but does not include a public
servant in respect of whom the jurisdiction is exercisable by
any court or other authority under the Army Act, 1950, the Air
Force Act, 1950, the Navy Act, 1957 and the Coast Guard 45 of 1950.
46 of 1950.
62 of 1957.
Act, 1978 or the procedure is applicable to such public 30 of 1978.

servant under those Acts;

(o) ‘regulations” means regulations made under this Act;
(p) “rules” means rules made under this Act; and
(q) “Special Court” means the court of a Special Judge appointed
49 of
under sub-section (1) of section 3 of the Prevention of 1988.
Corruption Act, 1988 and includes the Special Courts
established under section 3 of the Odisha Special Courts Act, Odisha
Act 9 of
2007.
2006.
 4

(2) The words and expressions used herein and not defined in this Act 49 of
1988.
but defined in the Prevention of Corruption Act, 1988 and in the Code of
Criminal Procedure,1973, shall have the meanings respectively assigned 2 of
1974.
to them in those Acts.

CHAPTER-II

ESTABLISHMENT OF LOKAYUKTA
Establishment of 3. (1) After the commencement of this Act, the Government shall, by
Lokayukta.
notification, establish, for the purpose of this Act, a body called the
Lokayukta for the State of Odisha.
(2) The Lokayukta shall consist of —
(a) a Chairperson, who is or has been a Chief Justice of a High
Court or a Judge of a High Court or an eminent person who
fulfils the eligibility specified in clause(b) of sub-section (3);
and
(b) five Members, out of whom two shall be Judicial Members.
Provided that at least one member other than the judicial
members, shall be from Scheduled Castes, Scheduled
Tribes, Other Backward classes, Minorities or women.
(3) A person shall be eligible to be appointed,—
(a) as a Judicial Member if he is or has been a Judge of a High
Court;
(b) as a Member other than a Judicial Member, if he is a person
of impeccable integrity and outstanding ability having
special knowledge and expertise of not less than twenty
years in the matters relating to public administration,
finance including insurance and banking, law, anti-
corruption policy or management.
(4) The Chairperson or a Member shall not be—
(a) a member of Parliament or a member of the Legislature of
any State or Union Territory;
(b) a person convicted of any offence involving moral turpitude;
(c) a person of less than fifty years of age, on the date of assuming
office as Chairperson or Member, as the case may be;
(d) a member of any Panchayat or Municipality;
 5

(e) a person who has been removed or dismissed from service of

the Union or a State; or
(f) a person holding any office of trust or profit (other than his
office as the Chairperson or a Member) or person connected
with any political party or carry on any business or practise
any profession,
and accordingly, before he enters upon his office, as the Chairperson
or a Member, as the case may be, shall, if—
(i) he holds any office of trust or profit, resign from such office;
or
(ii) he is carrying on any business, sever his connection with
the conduct and management of such business; or
(iii) he is practising any profession, cease to practise such
profession.
Appointment 4. (1) The Chairperson and Members shall be appointed by the Governor
of Chairperson and
Members on by warrant under his hand and seal after obtaining the recommendations of
recommendation of
Selection Committee.
a Selection Committee consisting of—
(a) the Chief Minister—Chairperson;
(b) the Speaker of the Legislative Assembly—Member;
(c) the Leader of Opposition in the Legislative Assembly—
Member;
(d) the Chief Justice of the Orissa High Court or a Judge of the
said High Court nominated by the Chief Justice—Member;
(e) one eminent jurist as recommended by the Chairperson and
members reffered to in clauses (a) to (d) nominated by the
Governor—Member.
(2) No appointment of a Chairperson or a Member shall be invalid
merely by reason of any vacancy in the Selection Committee.
(3) The Selection Committee shall, for the purposes of selecting the
Chairperson and Members of the Lokayukta and for preparing a panel of
persons to be considered for appointment as such, constitute a Search
Committee consisting of at least five persons of standing and having
special knowledge and expertise in the matters relating to public
administration, finance including insurance and banking, law, anti-
corruption policy, management, or in any other matter which, in the
 6

opinion of the Selection Committee, may be useful in making selection of

the Chairperson and Members of the Lokayukta:
Provided that the Selection Committee may also consider any person
other than the persons recommended by the Search Committee.
(4) The Selection Committee shall regulate its own procedure in a
transparent manner for selecting the Chairperson and Members of the
Lokayukta.
(5) The term of the Search Committee referred to in sub-section (3),
the fees and allowances payable to its members and the manner of selection
of panel of names shall be such as may be prescribed.
Term of Office of 5. The Chairperson and every Member shall, hold office as such for a
Chairperson and
Members.
term of five years from the date on which he enters upon his office or until he
attains the age of seventy years, whichever is earlier:
Provided that he may,—
(a) by writing under his hand addressed to the Governor, resign
his office; or
(b) be removed from his office in the manner provided in section
37.
Filling of 6. The Governor shall take or cause to be taken all necessary steps for
vacancies of
Chairperson the appointment of a new Chairperson and Members at least three months
or Members.
before the expiry of the term of such Chairperson or Member, as the case
may be, in accordance with the procedure laid down in this Act.
Salary, allowances
and other conditions
7. The salary, allowances and other conditions of service of—
of service of
Chairperson and (a) the Chairperson shall be the same as those of the Chief
Members.
Justice of the High Court of Orissa;
(b) other Members shall be the same as those of a Judge of the
High Court of Orissa:
Provided that if the Chairperson or a Member is, at the time of his
appointment, in receipt of or has become entitled to receive pension
(other than disability pension) in respect of any service or previous
service under the Government of India or under the Government of a
State or as Chief Justice or as a Judge of a High Court, his salary in
respect of service as the Chairperson or, as the case may be, as a
Member, be reduced—
(i) by the amount of that pension; and
 7

(ii) if he has, before such appointment, received, in lieu of a

portion of the pension due to him in respect of such previous
service, the commuted value thereof, by the amount of that
portion of the pension:
Provided further that the salary, allowances and pension payable
to, and other conditions of service of, the Chairperson or a Member shall
not be varied to his disadvantage after his appointment.
Restriction on 8. (1) On ceasing to hold office, the Chairperson and every Member
employment by
Chairperson and shall be ineligible for—
Members after
ceasing to hold (i) reappointment as the Chairperson or a Member of the
office.
Lokayukta;
(ii) any diplomatic assignment, appointment as administrator of a
Union territory and such other assignment or appointment
which is required by law to be made by the Governor by
warrant under his hand and seal;
(iii) further employment to any other office of profit under the
Government of India or the Government or corporation,
company, society, local authority or autonomous body as
referred to in sub-clauses (v) and (vi) of clause (c) of sub-
section(1) of section 2;
(iv) contesting any election of President or Vice President of India
or Member of either House of Parliament or Member of
either House of a State Legislature or of Municipality or
Panchayat within a period of five years from the date of
relinquishing the post.
(2) Notwithstanding anything contained in sub-section (1), a Member
shall be eligible to be appointed as a Chairperson, if his total tenure as
Member and Chairperson does not exceed five years.
Explanation.— For the purposes of this section, it is hereby
clarified that where the Member is appointed as the Chairperson, his term
of office shall not be more than five years in aggregate as the Member
and the Chairperson.
Member to act as 9. (1) In the event of occurrence of any vacancy in the office of the
Chairperson or to
discharge his Chairperson by reason of his death, resignation or otherwise, the
functions in certain
circumstances.
Governor may, by notification, authorise the senior-most Member to act
 8

as the Chairperson until the appointment of a new Chairperson is made to

fill such vacancy.
(2) When the Chairperson is unable to discharge his functions
owing to absence on leave or otherwise, the senior-most Member
available, as the Governor may, by notification, authorise in this behalf,
shall discharge the functions of the Chairperson until the date on which
the Chairperson resumes his duties.
Secretary, other 10. (1) There shall be a Secretary or more than one Secretary to the
officers and staff of
Lokayukta. Lokayukta, who is or has been, in the rank of Secretary to the
Government or District Judge in the State and who shall be appointed by
the Chairperson from a panel of names sent by the Government.
(2) There shall be a Director of Inquiry and a Director of Prosecution
not below the rank of the Additional Secretary to the Government or
District Judge or equivalent, who shall be appointed by the Chairperson
from a panel of names sent by the Government.
(3) The appointment of officers and staff of the Lokayukta shall be
made by the Chairperson or such Member or officer of Lokayukta as the
Chairperson may direct:
Provided that the Governor may, by rule, require that the
appointment in respect of any post or posts as may be specified in the
rule, shall be made after consultation with the State Public Service
Commission.
(4) Subject to the provisions of any law made by the Legislature of
the State the conditions of service of Secretary and other officers and
staff of the Lokayukta shall be such as may be specified by regulations
made by the Lokayukta for the purpose:
Provided that the regulations made under this sub-section shall, so
far as they relate to salaries, allowances, leave or pensions, require the
approval of the Governor.

CHAPTER-III
INQUIRY WING
Inquiry Wing. 11. (1) Notwithstanding anything contained in any law for the time
being in force, the Lokayukta shall constitute an Inquiry Wing headed by
the Director of Inquiry for the purpose of conducting preliminary inquiry
 9

into any offence alleged to have been committed by a public servant 49 of

1988.
punishable under the Prevention of Corruption Act, 1988:
Provided that till such time the Inquiry Wing is constituted by the
Lokayukta, the Government shall make available such number of officers
and other staff from such of its Departments, as may be required by the
Lokayukta, for conducting preliminary inquiry under this Act.
(2) For the purposes of assisting the Lokayukta in conducting a
preliminary inquiry under this Act, the officers of the Inquiry Wing not
below the rank of Under Secretary to the Government, shall have the
same powers as are conferred upon the Lokayukta under section 28.

CHAPTER-IV
PROSECUTION WING
Prosecution 12. (1) The Lokayukta shall, by notification, constitute a Prosecution
Wing.
Wing headed by the Director of Prosecution who is or has been in the
rank of Director of Public Prosecution of the State for the purpose of
prosecution of public servants in relation to any complaint made before
the Lokayukta under this Act:
Provided that till such time the Prosecution Wing is constituted by
the Lokayukta, the Government shall make available such number of
officers and other staff from such of its Departments, as may be required
by the Lokayukta, for conducting prosecution under this Act.
(2) The Director of Prosecution shall, after having been so directed
by the Lokayukta, file a case in accordance with the findings of the
investigation report as per sub-section (6) of section 20, before the
Special Court, and shall take all necessary steps in respect of the
prosecution of public servants in relation to any offence punishable under 49 of
1988.
the Prevention of Corruption Act, 1988.
(3) The report under sub-section (2) shall be deemed to be a
report, filed on completion of investigation, referred to in section 173 of 2 of
1974.
the Code of Criminal Procedure, 1973.
 10

CHAPTER-V
EXPENSES OF LOKAYUKTA TO BE CHARGED ON THE
CONSOLIDATED FUND OF THE STATE
Expenses of 13. The administrative expenses of the Lokayukta, including all
Lokayukta to be
charged on the salaries, allowances and pensions payable to or in respect of the
Consolidated
Fund of the State. Chairperson, Members or Secretary or other officers or staff of the
Lokayukta, shall be charged upon the Consolidated Fund of the State and
any fees or other moneys taken by the Lokayukta shall form part of that
Fund.
CHAPTER-VI
JURISDICTION IN RESPECT OF INQUIRY
Jurisdiction of 14. (1) Subject to the other provisions of this Act, the Lokayukta shall
Lokayukta to include
Chief Minister,
Ministers, Members of
inquire or cause an inquiry to be conducted into any matter involving, or
Legislature, officers
and employees of the arising from, or connected with, any allegation of corruption made in a
State Government.
complaint in respect of the following, namely:—
(a) any person who is or has been a Chief Minister;
(b) any other person who is or has been a Minister of the State;
(c) any person who is or has been a Member of the Odisha
Legislative Assembly;
(d) any person who is Chairperson or a member by whatever name
called, of a Panchayat or a Municipality as respectively
provided in articles 243-B and 243-Q of the Constitution of
India;
(e) any officer or employee of the State, referred to in sub-clauses
(i) and (ii) of clause (c) of section 2 of the Prevention of
Corruption Act, 1988 when serving or who has served, in 49 of
1988.
connection with the affairs of the State;
(f) any officer or employee referred to in clause (e) or holding
equivalent post in any Body or Board or corporation or
authority or company or society or trust or autonomous body
(by whatever name called) established by any Act of
Parliament or of a State Legislature which is wholly or partly
financed by the Government or controlled by it;
 11

(g) 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 Government and the annual income of
which exceeds such amount as the Government may, by
notification, specify;
(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) in receipt of any donation from the public and the
annual income of which exceeds such amount as the
Government may, by notification, specify or from any foreign
source under the Foreign Contribution (Regulation) Act, 2010 42 of
2010.
in excess of ten lakh rupees in a year or such higher amount
as the Central Government may, by notification, specify:
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 and the provisions of 49 of
1988.
that Act shall apply accordingly.
(2) Notwithstanding anything contained in sub-section (1), the
Lokayukta shall not inquire into any matter involving or arising from, or
connected with, any such allegation of corruption against any Member of
the Odisha Legislative Assembly in respect of anything said or a vote
given by him in the said Assembly or any committee thereof covered
under the provisions contained in clause (2) of article 194 of the
Constitution of India.
(3) 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 bribe giving or bribe taking or abetting the same or
in conspiracy relating to any allegation of corruption under the Prevention
of Corruption Act, 1988 against a person referred to in sub-section (1): 49 of
1988.
Provided that no action under this section shall be taken in case of
a person serving in connection with the affairs of the Union, without the
consent of the Central Government.
 12

(4) No matter in respect of which a complaint has been made to

the Lokayukta under this Act shall be referred for inquiry under the 60 of
1952.
Commissions of Inquiry Act, 1952.
Explanation.— For the removal of doubts, it is hereby declared that
a complaint under this Act shall only relate to a period during which the
public servant was holding or serving in that capacity.
Matters pending 15. In case any matter or proceeding related to allegation of corruption
before any court or
committee or under the Prevention of Corruption Act, 1988 has been pending before 49 of
authority for inquiry 1988.
not to be affected.
any Court or Committee of the Legislative Assembly of the State or before
any other authority prior to commencement of this Act or prior to
commencement of any inquiry after the commencement of this Act, such
matter or proceeding shall be continued before such court, committee or
authority, except the matter pending before the Lokpal under the Odisha
Lokpal and Lokayuktas Act, 1995 which shall be disposed of by the Odisha
Act 8 of
1995.
Lokayukta.

Constitution 16. (1) Subject to the provisions of this Act, —

of benches of
Lokayukta. (a) the jurisdiction of the Lokayukta may be exercised by
benches thereof;
(b) a bench may be constituted by the Chairperson with two
or more Members as the Chairperson may deem fit;
(c) every bench shall ordinarily consist of at least one Judicial
Member;
(d) where a bench consists of the Chairperson, such bench
shall be presided over by the Chairperson;
(e) where a bench consists of a Judicial Member and a non-
Judicial Member, not being the Chairperson, such bench
shall be presided over by the Judicial Member;
(f) the benches of the Lokayukta shall ordinarily sit at
Bhubaneswar and at such other places as the Lokayukta
may, by regulations, specify.
(2) The Lokayukta shall notify the areas in relation to which each
bench of the Lokayukta may exercise jurisdiction.
 13

(3) Notwithstanding anything contained in sub-section (2), the

Chairperson shall have the power to constitute or reconstitute benches
from time to time.
(4) If at any stage of the hearing of any case or matter, it appears
to the Chairperson or a Member that the case or matter is of such nature
that it ought to be heard by a bench consisting of three or more Members,
the case or matter may be transferred by the Chairperson or, as the case
may be, referred to him for transfer, to such bench as the Chairperson
may deem fit.
Distribution 17. Where benches are constituted, the Chairperson may, from time to
of business
amongst
benches.
time, by notification, make provisions as to the distribution of the business
of the Lokayukta amongst the benches and also provide for the matters
which may be dealt with by each bench.
Power of 18. On an application for transfer made by the complainant or the
Chairperson
to transfer
cases. public servant, the Chairperson, after giving an opportunity of being heard
to the complainant or the public servant, as the case may be, may
transfer any case pending before one bench for disposal to any other
bench.
Decision to 19. If the Members of a bench, consisting of an even number of
be made by
majority.
Members, differ in opinion on any point, they shall state the point or points
on which they differ, and make a reference to the Chairperson who shall
either hear the point or points himself or refer the case for hearing on
such point or points by one or more of the other Members of the
Lokayukta and such point or points shall be decided according to the
opinion of the majority of the Members of the Lokayukta who have heard
the case, including those who first heard it.

CHAPTER-VII
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND
INVESTIGATION
Provisions relating
to complaints
20. (1) The Lokayukta, on receipt of a complaint, if it decides to
and preliminary
inquiry and proceed further, may order—
investigation.
 14

(a) preliminary inquiry against any public servant by its Inquiry

Wing or any agency to ascertain whether there exists a
prima facie case for proceeding in the matter; or
(b) investigation by any agency or authority empowered under
any law to investigate, where there exists a prima facie
case:
Provided that any investigation under this clause shall be ordered
only if in the opinion of the Lokayukta there is substantial material relating
to the existence of a prima facie case or any earlier statutory investigation
or enquiry regarding the same complaint reveals that a prima facie case
exists:
Provided further that before ordering an investigation under this
clause, the Lokayukta shall call for the explanation of the public servant
and views of the competent authority, so as to determine whether there
exists a prima facie case for investigation:
Provided also that a decision to order investigation under this
clause shall be taken by a bench constituted by the Chairperson under
section 16.
(2) During the preliminary inquiry referred to in sub-section (1), the
Inquiry Wing or any agency shall conduct a preliminary inquiry and on the
basis of material, information and documents collected, seek the
comments on the allegations made in the complaint from the public
servant and competent authority and after obtaining the comments of the
concerned public servant and competent authority, submit, within sixty
days from the date of receipt of the reference, a report to the Lokayukta.
(3) A bench consisting of not less than three Members of the
Lokayukta shall consider every report received under sub-section (2) from
the Inquiry Wing or any agency and after giving an opportunity of being
heard to the public servant, decide as to whether there exists a prima
facie case, and make recommendations to proceed with one or more of
the following actions, namely:—
(a) investigation by any agency (including any special
investigation agency);
 15

(b) initiation of the departmental proceedings or any other

appropriate action against the concerned public servant
by the competent authority;
(c) closure of the proceedings against the public servant and
take action to proceed against the complainant under
section 46.
(4) The promotion and other service benefits of a public servant
mentioned in clauses (e) to (h) of sub-section (1) of section 14 shall not
be affected until the public servant is put under suspension on
recommendation of the Lokayukta under section 32 or charge sheet is
filed after completion of investigation under clause (a) of sub-section (3)
or a charge memo is issued against the said public servant in a
disciplinary proceeding initiated on the recommendation of the Lokayukta
under clause (b) of sub-section (3).
(5) Every preliminary inquiry referred to in sub-section (1) shall
ordinarily be completed within a period of ninety days and for reasons to
be recorded in writing, within a further period of ninety days from the date
of receipt of the complaint.
(6) In case the Lokayukta decides to proceed to investigate into the
complaint, it shall, by order in writing, direct any investigating agency
(including any special agency) to carry out the investigation as
expeditiously as possible and complete the investigation within a period of
six months from the date of its order:
Provided that the Lokayukta, for the reasons to be recorded in
writing, may extend the said period by a further period not exceeding six
months at a time and for the maximum period of two years.

(7) Notwithstanding anything contained in section 173 of the Code 2 of

1974.
of Criminal Procedure, 1973, any investigating agency (including any
special agency) shall, in respect of cases referred to it by the Lokayukta,
submit the investigation report to the Lokayukta.
(8) A bench consisting of not less than three Members of the
Lokayukta shall consider every report received by it under sub-section (7)
 16

from any investigating agency (including any special agency) and may,
decide as to—
(a) filing of charge-sheet or closure report before the Special
Court against the public servant;
(b) initiating the departmental proceedings or any other
appropriate action against the concerned public servant by
the competent authority.
(9) The Lokayukta may, after taking a decision under sub-section
(8) on the filing of the charge sheet, direct its Prosecution Wing to initiate
prosecution in a Special Court in respect of cases investigated by any
investigating agency (including any special agency).
(10) The Lokayukta may, during the preliminary inquiry or the
investigation, as the case may be, pass appropriate orders for the safe
custody of the documents relevant to the preliminary inquiry or, as the
case may be, investigation, as it deems fit.
(11) The website of the Lokayukta shall, from time to time and in
such manner as may be specified by regulations, display to the public, the
status of number of complaints pending before it or disposed of by it.
(12) The Lokayukta may retain the original records and evidences,
which are likely to be required in the process of preliminary inquiry or
investigation or conduct of a case by it or by the Special Court.
(13) Save as otherwise provided, the manner and procedure of
conducting a preliminary inquiry or investigation (including such material
and documents to be made available to the public servant) under this Act,
shall be such as may be specified by regulations.

Persons likely to be 21. If, at any stage of the proceeding, the Lokayukta—
prejudicially
affected to be (a) considers it necessary to inquire into the conduct of any person
heard.
other than the accused; or
(b) is of opinion that the reputation of any person other than an
accused is likely to be prejudicially affected by the preliminary
inquiry,
it shall give to that person a reasonable opportunity of being heard in the
preliminary inquiry and to produce evidence in his defence, consistent
with the principles of natural justice.
 17

Lokayukta may 22. Subject to the provisions of this Act, for the purpose of any
require any public
servant or any other
person to furnish
preliminary inquiry or investigation, the Lokayukta or the investigating
information, etc.
authority, as the case may be, may require any public servant or any
other person who, in its opinion, is able to furnish information or produce
documents relevant to such preliminary inquiry or investigation, to furnish
any such information or produce any such document.
Cognizance by 23. (1) A Special Court may, notwithstanding anything contained in
Special Court 2 of
without sanction. section 197 of the Code of Criminal Procedure, 1973 or section 19 of the 1974.

Prevention of Corruption Act, 1988, on filing of a charge sheet on 49 of

1988.
completion of investigation, by the Lokayukta or any officer authorised by
it in this behalf, take cognizance of offence committed by any public
servant.
(2) Nothing contained in sub-section (1) shall apply in respect of
the persons holding the office in pursuance of the provisions of the
Constitution of India and in respect of which a procedure for removal of
such person has been specified therein.
(3) The provisions contained in sub-sections (1) and (2) shall be
without prejudice to the generality of the provisions contained in article
311 and sub-clause (c) of clause (3) of article 320 of the Constitution of
India.

Action on 24. Where, after the conclusion of the investigation, the findings of the
investigation against
public servant being Lokayukta disclose the commission of an offence under the Prevention of
Chief Minister,
Ministers or Corruption Act, 1988 by a public servant referred to in clause (a) or 49 of
Members of the 1988.
State Legislative
Assembly. clause (b) or clause (c) of sub-section (1) of section 14, the Lokayukta
may file a case in the Special Court and shall send a copy of the report
together with its findings to the competent authority.

CHAPTER-VIII
POWERS OF THE LOKAYUKTA

Supervisory
powers of the
25. The Lokayukta shall, notwithstanding anything contained in any
Lokayukta.
other law for the time being in force, have the powers of superintendence
and direction over the investigating agency in respect of the matters in so
far as they relate to the investigation made by such agency under this
Act.
 18

Search and 26. (1) If the Lokayukta has reasons to believe that any document
seizure.
which, in its opinion, shall be useful for, or relevant to, any investigation
under this Act, are secreted in any place, it may authorise any agency to
whom the investigation has been given to search for and to seize such
documents.
(2) If the Lokayukta is satisfied that any document seized under
sub-section (1) may be used as evidence for the purpose of any
preliminary inquiry or investigation under this Act and that it shall be
necessary to retain the document in its custody or in the custody of such
officer as may be authorised, it may so retain or direct such authorised
officer to retain such document till the completion of such preliminary
inquiry or investigation as the case may be:
Provided that where any document is required to be returned, the
Lokayukta or the authorised officer may return the same after retaining
copies of such document duly authenticated in the manner as may be
prescribed.

Inquiry Wing to 27. (1) Subject to the provisions of this section, for the purpose of any
have powers of
civil court in preliminary inquiry, the Inquiry Wing of the Lokayukta shall have all the
certain cases.
powers of a civil court, under the Code of Civil Procedure, 1908,while 5 of
1908.
trying a suit in respect of the following matters, namely:—
(i) summoning and enforcing the attendance of any person
and examining him on oath;
(ii) requiring the discovery and production of any document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or copy thereof from any
court or office;
(v) issuing commissions for the examination of witnesses or
documents:
Provided that such commission, in case of a witness, shall be
issued only where the witness, in the opinion of the Lokayukta, is not in a
position to attend the proceeding before the Lokayukta; and
(vi) such other matters as may be prescribed.
(2) Any proceeding before the Lokayukta shall be deemed to be a
judicial proceeding within the meaning of section 193 of the Indian Penal 45 of
1860.
Code, 1860.
 19

Power of the 28. (1) The Lokayukta may, for the purpose of conducting any
Lokayukta to utilise
services
of officers of the
preliminary inquiry or investigation, utilise the services of any officer or
Government.
organisation or investigation agency of the Government.
(2) For the purpose of preliminary inquiry or investigating into any
matter pertaining to such inquiry or investigation, any officer or
organisation or agency whose services are utilised under sub-section (1)
may, subject to the superintendence and direction of the Lokayukta, —
(a) summon and enforce the attendance of any person and
examine him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office.
(3) The officer or organisation or agency whose services are
utilised under sub-section (2) shall inquire or, as the case may be,
investigate into any matter pertaining to the preliminary inquiry or
investigation and submit a report thereon to the Lokayukta within such
period as may be specified by it in this behalf.
Provisional 29.(1) Where the Lokayukta or any investigating officer authorised by
attachment of
assets. it in this behalf, has reasons to believe, the reason for such belief to be
recorded in writing, on the basis of material in his possession, that—
(a) any person is in possession of any proceeds of corruption;
(b) such person is accused of having committed an offence
relating to corruption; and
(c) such proceeds of offence are likely to be concealed,
transferred or dealt with in any manner which may result in
frustrating any proceedings relating to confiscation of such
proceeds of offence,
the Lokayukta or the investigating officer, may, by order in writing,
provisionally attach such property for a period not exceeding ninety
days from the date of the order, in the manner as provided in the
Second Schedule to the Income-tax Act, 1961 and the Lokayukta and 43 of
1961.
the officer shall be deemed to be an officer under sub-rule (e) of rule 1
of that Schedule.
(2) The Lokayukta shall, immediately after attachment under sub-
section (1), forward a copy of the order, along with the material in his
possession, referred to in that sub-section, to the Special Court, in a
sealed envelope, in the manner as may be prescribed and such Court
 20

may extend the order of attachment and keep such material for such
period as the Court may deem fit.
(3) Every order of attachment made under sub-section (1) shall
cease to have effect after the expiry of the period specified in that sub-
section or after the expiry of the period as directed by the Special Court
under sub-section (2).
(4) Nothing in this section shall prevent the person interested in the
enjoyment of the immovable property attached under sub-section (1) or
sub-section (2), from such enjoyment.
Explanation.—For the purposes of this sub-section, "person
interested", in relation to any immovable property, includes all persons
claiming or entitled to claim any interest in the property.
Confirmation 30. (1) The Lokayukta, when it provisionally attaches any property
of attachment
of assets. under sub-section (1) of section 29 shall, within a period of thirty days of
such attachment, direct its prosecution wing to file an application stating
the facts of such attachment before the Special Court and make a prayer
for confirmation of attachment of the property till completion of the
proceedings against the public servant in the Special Court.
(2) The Special Court may, if it is of the opinion that the property
provisionally attached had been acquired through corrupt means, make
an order for confirmation of attachment of such property till the completion
of the proceedings against the public servant in the Special Court.
(3) If the public servant is subsequently acquitted of the charges
framed against him, the property, subject to the orders of the Special
Court, shall be restored to the concerned public servant along with
benefits from such property as might have accrued during the period of
attachment.
(4) If the public servant is subsequently convicted of the charges of
corruption, the proceeds relatable to the offence under the Prevention of
Corruption Act, 1988 shall be confiscated and vest in the Government 49 of
1988.
free from any encumbrance or leasehold interest excluding any debt due
to any bank or financial institution.
Explanation.—For the purposes of this sub-section, the
expressions "Bank", "debt" and "financial institution" shall have the
meanings respectively assigned to them in clauses (d), (g) and (h) of
51 of
section 2 of the Recovery of Debts Due to Banks and Financial 1993.

Institutions Act, 1993.

 21

Confiscation of 31.(1) Without prejudice to the provisions of sections 29 and 30, where
assets, proceeds,
receipts and benefits the Special Court, on the basis of prima facie evidence, has reasons to
arisen or procured by
means of corruption believe or is satisfied that the assets, proceeds, receipts and benefits, by
in special
circumstances. whatever name called, have arisen or procured by means of corruption by
the public servant, it may pass an order for the confiscation of such
assets, proceeds, receipts and benefits till his acquittal.
(2) Where an order of confiscation made under sub-section (1) is
modified or annulled by the High Court or where the public servant is
acquitted by the Special Court, the assets, proceeds, receipts and
benefits, confiscated under sub-section (1) shall be returned to such
public servant, and in case it is not possible for any reason to return the
assets, proceeds, receipts and benefits, such public servant shall be paid
the price thereof including the money so confiscated with the interest from
the date of confiscation at the rate as may be prescribed.

Power of 32. (1) Where the Lokayukta, while making a preliminary inquiry into
Lokayukta to
recommend
transfer or
allegations of corruption, is prima facie satisfied, on the basis of evidence
suspension of
public servant available that the continuance of the public servant, referred to in clauses
connected with
allegation of (e) to (h) of sub-section (1) of section 14, in his post is likely to affect such
corruption.
preliminary inquiry adversely or is likely to destroy, or in any way tamper
with, the evidence or influence witnesses, then, the Lokayukta may
recommend to the Government for transfer or suspension of such public
servant till such period as may be specified in the order.
(2) The Government shall ordinarily accept the recommendation
of the Lokayukta made under sub-section (1), except for the reasons to
be recorded in writing in a case where it is not feasible for administrative
reasons.
Power of the 33. The Lokayukta may, in discharge of its functions under this Act,
Lokayukta to give
directions
to prevent issue appropriate directions to a public servant entrusted with the
destruction of
records during preparation or custody of any document or record—
preliminary inquiry.
(a) to protect such document or record from destruction or
damage; or
(b) to prevent the public servant from altering or secreting such
document or record; or
 22

(c) to prevent the public servant from transferring or alienating any

assets allegedly acquired by him through corrupt means.

Power to 34. The Lokayukta may, by general or special order in writing and
delegate.
subject to such conditions and limitations as may be specified therein,
direct that any administrative or financial power conferred on it may also
be exercised or discharged by such of its Members or officers or
employees as may be specified in the order.

CHAPTER -IX
SPECIAL COURTS
Special Courts to 35. (1) The Government shall constitute such number of Special Courts,
be constituted by
the Government. as recommended by the Lokayukta, to hear and decide the cases arising 49 of
1988.
out of the Prevention of Corruption Act, 1988 or under this Act.
(2) The Special Courts constituted in accordance with the
recommendation under sub-section (1) shall ensure completion of each
trial within a period of one year from the date of filing of the case in that
Court:
Provided that in case the trial cannot be completed within a period
of one year, the Special Court shall record reasons therefor and complete
the trial within a further period of not more than three months or such
further periods not exceeding three months each, for reasons to be
recorded in writing before the end of each such three months period, but
not exceeding a total period of two years.
Letter of request 36. (1) Notwithstanding anything contained in this Act or the Code of
to a contracting
State in certain Criminal Procedure, 1973 if, in the course of a preliminary inquiry or 2 of
cases. 1974.
investigation into an offence or other proceeding under this Act, an
application is made to a Special Court by an officer of the Lokayukta
authorised in this behalf that any evidence is required in connection with
the preliminary inquiry or investigation into an offence or proceeding
under this Act and he is of the opinion that such evidence may be
available in any place in a contracting State, and the Special Court, on
being satisfied that such evidence is required in connection with the
preliminary inquiry or investigation into an offence or proceeding under
 23

this Act, may issue a letter of request to a court or an authority in the

contracting State competent to deal with such request to—
(i) examine the facts and circumstances of the case;
(ii) take such steps as the Special Court may specify in
such letter of request; and
(iii) forward all the evidence so taken or collected to the
Special Court issuing such letter of request.
(2) The letter of request shall be transmitted in such manner as
may be prescribed.
(3) The evidence collected in pursuance of the letter of the request
under sub-section (1) by the Special Court shall be made available to the
concerned authorised officer.
(4) Every statement recorded or document or thing received under
sub-section (1) shall be deemed to be evidence collected during the
course of the preliminary inquiry or investigation.

CHAPTER- X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND
OFFICIALS OF THE LOKAYUKTA
Removal and 37.(1) The Lokayukta shall not inquire into any complaint made
suspension of
Chairperson and
Members of
against the Chairperson or any Member.
Lokayukta.
(2) Subject to the provisions of sub-section (4), the Chairperson or
any Member shall be removed from his office by order of the Governor on
the grounds of misbehaviour after the High Court of Orissa, on a
reference being made to it by the Governor on a petition signed by at
least twenty five Members of the Legislative Assembly, has, on an
inquiry held in accordance with the procedure prescribed in that behalf,
reported that the Chairperson or such Member, as the case may be,
ought to be removed on such ground.
(3) The Governor may suspend from the office, the Chairperson or
any Member in respect of whom a reference has been made to the High
Court under sub-section (2), on receipt of the recommendation or interim
order made by the High Court in this regard until the Governor has
passed orders on receipt of the final report of the High Court on such
reference.
 24

(4) Notwithstanding anything contained in sub-section (2), the

Governor may, by order, remove from the office, the Chairperson or any
Member, if the Chairperson or such Member, as the case may be,—
(a) is adjudged an insolvent; or
(b) engages himself during his term of office, in any paid
employment outside the duties of his office; or
(c) is, in the opinion of the Governor, unfit to continue in office
by reason of infirmity of mind or body.
(5) If the Chairperson or any Member is, or becomes, in anyway
concerned or interested in any contract or agreement made by or on
behalf of the Government of India or the Government of a State or
participates in any way in the profit thereof or in any benefit or emolument
arising therefrom otherwise than as a member and in common with the
other members of an incorporated company, he shall, for the purposes of
sub-section (2), be deemed to be guilty of misbehaviour.
Complaints 38.(1) Every complaint or allegation made against any officer or
against officials
of Lokayukta. employee or agency under, or associated with, the Lokayukta for an
offence punishable under the Prevention of Corruption Act, 1988 shall be 49 of
1988.
dealt with in accordance with the provisions of this section.
(2) The Lokayukta shall complete the inquiry into the complaint or
allegation made within a period of thirty days from the date of its receipt.
(3) While making an inquiry into the complaint against any officer
or employee of the Lokayukta or agency engaged or associated with the
Lokayukta, if it is prima facie satisfied on the basis of evidence available,
that continuance of such officer or employee of the Lokayukta or agency
engaged or associated in his post while conducting the inquiry is likely to
affect such inquiry adversely or is likely to destroy or in any way tamper
with the evidence or influence witnesses, then, the Lokayukta may, by
order, suspend such officer or employee of the Lokayukta or divest such
agency engaged or associated with the Lokayukta of all powers and
responsibilities heretobefore exercised by it .
(4) On completion of the inquiry, if the Lokayukta is satisfied that
there is prima facie evidence of the commission of an offence under the
Prevention of Corruption Act, 1988, it shall, within a period of fifteen days 49 of
1988.
of the completion of such inquiry, order to prosecute such officer or
 25

employee of the Lokayukta or such officer, employee, agency engaged or

associated with the Lokayukta and initiate disciplinary proceedings
against the official concerned:
Provided that no such order shall be passed without giving such
officer or employee of the Lokayukta, or agency so engaged or
associated, a reasonable opportunity of being heard.

CHAPTER- XI
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL
COURT

Assessment 39. If any public servant is convicted of an offence under the

of loss and
recovery
thereof by Prevention of Corruption Act, 1988 by the Special Court, without prejudice 49 of
Special Court. 1988.
to any law for the time being in force, it may make an assessment of loss,
if any, caused to the public exchequer on account of the actions or
decisions of such public servant not taken in good faith and for which he
stands convicted, and may order recovery of such loss, if possible or
quantifiable, from such public servant so convicted:
Provided that if the Special Court, for reasons to be recorded in
writing, comes to the conclusion that the loss caused was pursuant to a
conspiracy with the beneficiary or beneficiaries of actions or decisions of
the public servant so convicted, then such loss may, if assessed and
quantifiable under this section, also be recovered from such beneficiary or
beneficiaries proportionately.

CHAPTER-XII
FINANCE, ACCOUNTS AND AUDIT
Budget. 40. The Lokayukta shall prepare, in such form and at such time in
each financial year as may be prescribed, its budget for the next financial
year, showing the estimated receipts and expenditure of the Lokayukta
and forward the same to the Government for information.
Grants by the 41. The Government may, after due appropriation made by the
Government.
Legislative Assembly by law in this behalf, make to the Lokayukta grants
of such sums of money as are required to be paid for the salaries and
 26

allowances payable to the Chairperson and Members and the

administrative expenses, including the salaries and allowances and
pension payable to or in respect of officers and other employees of the
Lokayukta.
Annual statement 42. (1) The Lokayukta shall maintain proper accounts and other
of accounts.
relevant records and prepare an annual statement of accounts in such
form as may be prescribed in consultation with the Accountant General,
Odisha.
(2) The accounts of the Lokayukta shall be audited by the
Accountant General, Odisha at such intervals as may be specified by the
Accountant General, Odisha.
(3) The Accountant General, Odisha or any person appointed by
him in connection with the audit of the accounts of the Lokayukta under
this Act shall have the same rights, privileges and authority in connection
with such audit, as the Accountant General, Odisha generally has, in
connection with the audit of the Government accounts and, in particular,
shall have the right to demand the production of books, accounts,
connected vouchers and other documents and papers and to inspect any
of the offices of the Lokayukta.
(4) The accounts of the Lokayukta, as certified by the Accountant
General, Odisha or any other person appointed by him in this behalf,
together with the audit report thereon, shall be forwarded annually to the
Government and the Government shall cause the same to be laid before
the Odisha Legislative Assembly.
Furnishing of 43. The Lokayukta shall furnish to the Government, at such time and
returns etc, to
Government. in such form and manner as may be prescribed or as the Government
may request, such returns and statements and such particulars in regard
to any matter under the jurisdiction of the Lokayukta, as the Government
may, from time to time, require.

CHAPTER- XIII
DECLARATION OF ASSETS
Declaration of
assets. 44. (1) Every public servant shall make a declaration of his assets and
liabilities in the manner as provided by or under this Act.
 27

(2) A public servant shall, within a period of thirty days from the
date on which he makes and subscribes an oath or affirmation to enter
upon his office, furnish to the competent authority the information relating
to—
(a) the assets of which he, his spouse and his dependent
children are, jointly or severally, owners or beneficiaries;
(b) his liabilities and that of his spouse and his dependent
children.
(3) A public servant holding his office as such, at the time of the
commencement of this Act, shall furnish information relating to such
assets and liabilities, as referred to in sub-section (2), to the competent
authority within ninety days of the coming into force of this Act.
(4) Every public servant shall file with the competent authority, on
or before the thirty-first July of every year, an annual return of such assets
and liabilities, as referred to in sub-section (2), as on the thirty-first March
of that year.
(5) The information under sub-section (2) or sub-section (3) and
annual return under sub-section (4) shall be furnished to the competent
authority in such form and in such manner as may be prescribed.
(6) The competent authority in respect of each Department shall
ensure that all such statements are published on the website of such
Department by thirty-first August of that year.
Explanation.—For the purposes of this section, "dependent
children" means sons and daughters who have no separate means of
earning and are wholly dependent on the public servant for their
livelihood.
Presumption as to 45. If any public servant wilfully or for reasons which are not
acquisition of assets
by corrupt means in justifiable, fails to declare his asset or gives misleading information in
certain cases.
respect of such assets and is found to be in possession of assets not
disclosed or in respect of which misleading information was furnished,
then, such assets shall, unless otherwise proved, be presumed to belong
to the public servant and shall be presumed to be assets acquired by
corrupt means:
 28

Provided that the competent authority may condone or exempt the

public servant from furnishing information in respect of assets not
exceeding such minimum value as may be prescribed.

CHAPTER- XIV
OFFENCES AND PENALTIES
Prosecution for 46. (1) Notwithstanding anything contained in this Act, whoever makes
false complaint
and payment of
compensation,
any false and frivolous or vexatious complaint under this Act shall, on
etc., to public
servant. conviction, be punished with imprisonment for a term which may extend
to one year and with fine which may extend to one lakh rupees.
(2) No Court, except a Special Court, shall take cognizance of an
offence under sub- section (1).
(3) No Special Court shall take cognizance of an offence under
sub-section (1) except on a complaint made by a person against whom
the false, frivolous or vexatious complaint was made or by an officer
authorised by the Lokayukta.
(4) The prosecution in relation to an offence under sub-section (1)
shall be conducted by the public prosecutor and all expenses connected
with such prosecution shall be borne by the Government.
(5) In case of conviction of a person being an individual or society
or association of persons or trust (whether registered or not) for having
made a false complaint under this Act, such person shall be liable to pay
compensation to the public servant against whom he made the false
complaint in addition to the legal expenses for contesting the case by
such public servant, as the Special Court may determine.
(6) Nothing contained in this section shall apply in case of
complaints made in good faith.
Explanation.—For the purpose of this sub-section, the expression
"good faith" means any act believed or done by a person in good faith
with due care, caution and sense of responsibility or by mistake of fact
believing himself justified by law under section 79 of the Indian Penal 45 of
1860.
Code,1860.
False complaint 47. (1) Where any offence under sub-section (1) of section 46 has
made by society or
association of been committed by any society or association of persons or trust (whether
persons or trust.
registered or not), every person who, at the time the offence was
 29

committed, was directly in charge of, and was responsible to, the society
or association of persons or trust, for the conduct of the business or
affairs or activities of the society or association of persons or trust as well
as such society or association of persons or trust shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this Act, if he
proves that the offence was committed without his knowledge or that he
had exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where
an offence under this Act has been committed by a society or association
of persons or trust (whether registered or not) and it is proved that the
offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary
or other officer of such society or association of persons or trust, such
director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.

CHAPTER-XV
MISCELLANEOUS
Reports of 48. It shall be the duty of the Lokayukta to present annually to the
Lokayukta.
Governor a report on the work done by the Lokayukta and on receipt of
such report the Governor shall cause a copy thereof together with a
memorandum explaining, in respect of the cases, if any, where the advice
of the Lokayukta was not accepted, the reason for such non-acceptance
to be laid before the Odisha Legislative Assembly.
Protection of 49. No suit, prosecution or other legal proceedings under this Act shall
action taken in
good faith by any lie against any public servant, in respect of anything which is done in
public servant.
good faith or intended to be done in the discharge of his official functions
or in exercise of his powers.
Protection of 50. No suit, prosecution or other legal proceedings shall lie against
action taken in
good faith by the Lokayukta or against any officer, employee, agency or any person, in
others.
 30

respect of anything which is done in good faith or intended to be done

under this Act or the rules or the regulations made thereunder.
Members, officers 51. The Chairperson, Members, officers and other employees of the
and employees of
Lokayukta to be
public servants. Lokayukta shall be deemed, when acting or purporting to act in
pursuance of any of the provisions of this Act, to be public servants within 45 of
1860.
the meaning of section 21 of the Indian Penal Code,1860.
Limitation to apply 52. The Lokayukta shall not inquire or investigate into any complaint,
in certain cases.
if the complaint is made after the expiry of a period of seven years from
the date on which the offence mentioned in such complaint is alleged to
have been committed.
Bar of 53. No civil court shall have jurisdiction in respect of any matter which
Jurisdiction.
the Lokayukta is empowered by or under this Act to determine.
Legal 54. The Lokayukta shall provide to every person against whom a
assistance.
complaint has been made, before it, under this Act, legal assistance to
defend his case before the Lokayukta, if such assistance is requested for.
Act to have 55. The provisions of this Act shall have effect notwithstanding
overriding
effect.
anything inconsistent therewith contained in any enactment other than
this Act or in any instrument having effect by virtue of any enactment
other than this Act.
Provisions of 56. The provisions of this Act shall be in addition to, and not in
this Act to be in
addition to
other laws.
derogation of, any other laws for the time being in force.

Power to 57. (1) The Government may, by notification, make rules to carry out
make rules.
the provisions of this Act.

(2) In particular, and without prejudice to the generality of the

foregoing powers, such rules may provide for all or any of the following
matters, namely:—
(a) the form of complaint referred to in clause (d) of sub-
section (1) of section 2;
(b) the term of the Search Committee, the fee and allowances
payable to its members and the manner of selection of
panel of names under sub-section (5) of section 4;
(c) the post or posts in respect of which the appointment shall
be made after consultation with the Odisha Public Service
 31

Commission under the proviso to sub- section (3) of

section 10;
(d) other matters for which the Lokayukta shall have the
powers of a civil court under clause (vi) of sub-section (1)
of section 27;
(e) the manner of sending the order of attachment along with
the material to the Special Court under sub-section (2) of
section 29;
(f) the rate of interest as contemplated under sub-clause (2) of
section 31;
(g) the manner of transmitting the letter of request under sub-
section (2) of section 36;
(h) the form and the time for preparing in each financial year
the budget for the next financial year, showing the
estimated receipts and expenditure of the Lokayukta
under section 40;
(i) the form for maintaining the accounts and other relevant
records and the form of annual statement of accounts
under sub-section (1) of section 42;
(j) the form and manner and the time for preparing the returns
and statements along with particulars under section 43;
(k) the form and the time for preparing an annual return giving
a summary of its activities during the previous year under
sub-section (5) of section 44;
(l) the form of annual return to be filed by a public servant
under sub-section (5) of section 44;
(m) the minimum value for which the competent authority may
condone or exempt a public servant from furnishing
information in respect of assets under the proviso to
section 45; and
(n) any other matter which is to be or may be prescribed.
Power
to make
58. (1) Subject to the provisions of this Act and the rules made
regulations.
thereunder, the Lokayukta may, by notification, make regulations to carry
out the provisions of this Act.
 32

(2) In particular, and without prejudice to the generality of the

foregoing powers, such regulations may provide for all or any of the
following matters, namely:—
(a) the conditions of service of the Secretary and other officers
and staff of the Lokayukta and the matters which, in so far
as they relate to salaries, allowances, leave or pensions,
require the approval of the Governor under the proviso to
sub-section (4) of section 10;
(b) the place of sittings of Benches of the Lokayukta under
clause (f) of sub-section (1) of section 16;
(c) the manner for displaying on the website of the Lokayukta,
the status of all complaints pending or disposed of along
with records and evidence with reference thereto under
sub-section (11) of section 20;
(d) the manner and procedure of conducting preliminary inquiry
or investigation under sub-section (13) of section 20;
(e) any other matter which is required to be, or may be,
specified under this Act.
Power to 59. (1) If any difficulty arises in giving effect to the provisions of this
remove
difficulties.
Act, the Government may, by order, published in the Official Gazette,
make such provisions not inconsistent with the provisions of this Act, as
appear to be necessary for removing the difficulty:
Provided that no such order shall be made after the expiry of a
period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as Odisha
Act 8 of
may be, after it is made, before the Odisha Legislative Assembly. 1995.

Repeal and 60. (1) The Odisha Lokpal and Lokayuktas Act, 1995 is hereby
its effect.
repealed.
(2) On such repeal, every inquiry, investigation and other
proceedings together with record thereof, relating to allegation of
corruption pending under the Act so repealed, shall stand transferred to
the Lokayukta immediately on the date of establishment of such
Lokayukta under sub-section (1) of section 3 and shall be dealt in
accordance with the provisions of this Act.
 33

(3) On such repeal, every inquiry, investigation and other

proceedings pending under the Act so repealed, not relating to allegations
of corruption against the public functionaries or matter incidental thereto
shall be transferred to the Government after the date of notification to be
dealt by the appropriate forum which may be constituted by the
Government in that behalf.
(4) Notwithstanding anything contained in this Act, the offices and
the posts created for the functioning of the Lokpal and any other official
appointed to function under the Lokpal in any capacity immediately before
such repeal are to continue as such under this Act until further provisions
are made by the Government in that behalf.

By order of the Governor

B.P.ROUTRAY
Principal Secretary to Government

________
Printed and published by the Director, Printing, Stationery and Publication, Odisha,
Cuttack-10
OGP/SBP Ex. Gaz. -488-173+280