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Tamil Nadu Lokayukta Act, 2018

February 22, 2024

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This article is written by Naincy Mishra. This article deals with a detailed explanation of ‘The Tamil Nadu Lokayukta Act 2018’. It discusses the establishment and composition of the Lokayukta, its jurisdiction, powers, and the procedures to conduct inquiry under the Act and the related Tamil Nadu Lokayukta Rules, 2018.

This article has been published by Shashwat Kaushik.

Table of Contents

Introduction

The global civil society, Transparency International, defines ‘corruption’ as the abuse of an entrusted power for private gain. As per the last report released by Transparency International, India has the highest rate of bribery in Asia. Moreover, as per the latest Corruption Perception Index, India has been ranked 85 out of 180 countries. This ranking is determined on the basis of the perceived levels of public sector corruption.

Indian citizens have always made their way out to conveniences by bribing or indulging in various methods of corruption. While it is difficult to determine and regulate corruption in the private sector, it’s all the more problematic when done in the public sector arena and thus, important to regulate and curb. The Prevention of Corruption Act (PCA) 1988 was passed by the Parliament to combat corruption in the public sector. Later, the Lokpal and Lokayuktas Act 2013 was enacted in order to provide for the establishment of a body known as the ‘Lokpal’ for the Centre and the ‘Lokayukta’ for the States which will undertake the duty to conduct inquiries into the allegations of corruption against the public functionaries and for the matters connected thereto.

These Acts have been a step towards the government’s commitment to clean and responsive governance. Further, for better enforcement of the laws, several states have come up with their own laws providing for the powers and jurisdiction of the Lokayuktas, their conduct of inquiry, the removal process of its members, etc. The state of Tamil Nadu has also enacted the Tamil Nadu Lokayukta Act 2018 (hereinafter referred to as the ‘Act’) and the Tamil Nadu Lokayukta Rules 2018 (hereinafter referred to as the 2018 Rules).

Objective of Tamil Nadu Lokayukta Act, 2018

The preamble of the Act states that the Act is to provide for the establishment of a body called the ‘Lokayukta’ for the State of Tamil Nadu, which will inquire into the corruption allegations against certain public servants and for all the matters connected therewith or incidental thereto. Further, the 2018 Rules provide for various provisions such as meetings and procedures of the Search Committee, service conditions of the Chairperson and members of the Lokayukta, service conditions of officers and employees of the Lokayukta, inquiry, etc.

Important definitions

A total of thirteen definitions have been given in Section 2 for the purposes of the Act.

Section 2(1)(a) defines “Bench” as a bench of the Lokayukta.
Section 2(1)(b) defines “Chairperson” as the Chairperson of the Lokayukta.
Section 2(1)(d) defines that “complaint” means a complaint, made in a prescribed form, alleging that a public servant has committed an offence which is punishable under the Prevention of Corruption Act (PCA), 1988.
Section 2(1)(e) provides that “Government” means the State Government.
Section 2(1)(f) defines “Judicial Member” as a Judicial Member of the Lokayukta.
Section 2(1)(h) provides that a “Member” means a Member of the Lokayukta.
Section 2(1)(i) states that a “Minister” means the Minister of the State Government, and it includes the Chief Minister of the state.
Section 2(1)(k) defines the term “public servant” as a person referred to in Section 12(1) clauses (a) to (e).
Section 2(1)(m) provides that “State” means the State of Tamil Nadu.

Important definitions in the 2018 Rules

Rule 2(c) states that “complainant” means any person who makes a complaint under the Act.
Rule 2(d) defines “detailed inquiry” as an open inquiry which is conducted on the basis of the material, information or documents collected, etc., and in which the statements are recorded from witnesses and suspect officers.
Rule 2(h) defines “preliminary inquiry” as a discreet inquiry which is conducted on the basis of the material, information or documents collected.
Rule 2(i) states that “Registrar” means the Registrar of the Lokayukta.
Rule 2(o) defines the “Vigilance Commission” as a body which is constituted for the purpose of advising the State Government in the prevention of corruption in public services and which will undertake the enquiry or investigation into the allegations of corruption against public servants.

Meaning of Lokayukta

The Lokayukta is an authority at the state level which deals with the complaints of corruption and maladministration made by the public servants in the state. It is brought into effect in a state after passing the Lokayukta Act in the respective state legislature, and a person of reputable background is nominated for the post. Maharashtra was the first state to introduce the institution of Lokayukta in the year 1971 through the Lokayukta and Upalokayukta Act.

In the Tamil Nadu Lokayukta Act 2018, the term ‘Lokayukta’ has been defined in Section 2(1)(g) of the Act, as per which, “Lokayukta” means the body established under Section 3. According to Section 3(1) of the Act, a body called the Lokayukta shall be established on and from the date of notification to be issued by the State Government on this behalf.

Establishment and composition of Lokayukta

Section 3(2) provides that the Lokayukta shall consist of—

a Chairperson who is/ has been a High Court Judge or any person having experience of at least 25 years in anti-corruption policy, vigilance, public administration, finance and law; and
four other members, out of whom two shall be judicial members.

Eligibility criteria for the members of Lokayukta

Section 3(3) provides eligibility criteria for a person to be appointed as a Judicial or a Non-Judicial member of the body.

A person shall be eligible to be appointed as a Judicial Member if he is/ has been a High Court Judge or has experience of at least twenty-five years in the State judiciary with an impeccable record.
A person shall be eligible to be appointed as a Non-Judicial Member if he has had experience of twenty-five years in anti-corruption policy, vigilance, public administration, finance and law.

Section 3(4) further provides that the Chairperson or a Member of the body shall not be—

a Member of Parliament (MP) or a Member of the Legislative Assembly (MLA) of any State or a Union territory;
a person who is convicted of any offence;
a person who is less than the age of forty-five years, as on the date of assuming the office as Chairperson or a Member, whichever the case may be;
a Member of any Panchayat or a Municipality;
a person who has been dismissed or removed from service of the Union or any State and;
a person holding any office of trust or profit (other than his office as the Chairperson or a Member) or is connected with any political party or carries any business or practices any profession.

Pre-requisites of appointment of chairperson and members of Lokayukta

Section 3 of the Act also lays down some conditions to be followed by the prospective Chairman or Member of the body in case –

If he holds any office of profit or trust, he shall resign from such office.
If he is carrying on any business, he shall sever his connection with the management and conduct of such business.
If he is practising any profession, he shall cease to practise such a profession.

Role of Selection Committee and Search Committee in appointment of chairperson and members of Lokayukta

Section 4 of the Act provides that the appointment of the Chairperson and the Members of the Lokayukta shall be made by the Governor of the State under his warrant and seal, and this shall be done on the recommendation of the ‘Selection Committee’ comprising the members as mentioned hereunder:—

Chief Minister who is the Chairperson;
Speaker of the State Legislative Assembly;
Leader of Opposition or Leader of the single largest Party in the Opposition in the Legislative Assembly.

It is provided that in order to select the Chairperson and Members of the Lokayukta and to come up with a panel of persons who are to be considered for the appointments as such, a ‘Search Committee’ may be constituted by the Selection Committee if they deem it necessary. The Search committee shall consist of three persons having special knowledge and expertise in anti-corruption policy, vigilance, public administration, finance, and law.

Moreover, to ensure the Selection Committee more independence in terms of carrying out its duties, it has been provided that the Committee shall regulate the procedure on its own in order to select the Chairperson and Members, however, such a procedure shall be transparent. As per Rule 4 of the 2018 Rules, in recommending the name of the Chairperson and Members of the Lokayukta, the decision of the Selection Committee shall be by majority.

The 2018 Rules related to the Search Committee

The Rules provide certain important points with respect to the search committee:-

The term of office of all the Members (including the Chairperson) of the Search Committee, from the date of the constitution of the Search Committee, shall be two months. However, the Selection Committee may extend such term of office as deemed necessary. Moreover, the Selection Committee also has the power to reconstitute the Search Committee at any point in time after recording the reasons in writing.
The Committee shall hold its meetings at those places in Chennai as decided by the Chairperson of the Search Committee. The notice of the meetings must be issued at least three days in advance. In the meetings, the decision of the majority shall prevail when there is a difference of opinion among the Search Committee members.
The honorariums are such that the Chairperson of the Search Committee is paid Rs.50,000/- and Members are paid Rs.40,000/- each. In fact, they are also paid for any expenses incurred in admissible contingencies.
Moreover, if a member of the committee wants to resign, he may resign from his office by writing a letter to be addressed to the Chairperson of the Selection Committee.
Nodal Officer of the Committee- An Officer, not below the rank of Deputy Secretary to the Government, will be nominated as the Nodal Officer of the Search Committee, along with the supporting staff, for giving secretarial assistance to the Committee. The Nodal Officer is also authorised to claim the expenses incurred in admissible contingencies.

Term of office of chairperson and members of Lokayukta

Section 5 provides that the term of the Chairperson or a Member of the Lokayukta shall be 5 years from the date on which he had entered upon his office or until he attains the age of 75 years, whichever comes earlier. However, the Chairperson or any member can resign his office by writing a letter under his hand addressed to the State Governor.

Moreover, such a person may also be removed from his office in the manner as provided in the Act.

Service conditions of chairperson and members of Lokayukta

Section 6 of the Act talks about the salary, allowances, and other service conditions of the Chairperson and Members of the Lokayukta. It states that the salary, allowances, and other service conditions of the Chairperson will be similar to those of the Chief Justice of the High Court and with respect to other Members, they will be similar to those of a High Court Judge.

As per the 2018 Rules, the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the related rules shall govern the service conditions of the Chairperson and Members of the Lokayukta which also includes the medical and conveyance facilities and the travelling allowance.

Moreover, the pension of the Chairperson and Members shall be at the rate which is fixed by the Government, and it shall be along with the pension to which the Chairperson and Members may be entitled in respect of any service rendered by them under the Central or the State Government before entering the office of Lokayukta.

Restrictions on further employment

Section 7(1) of the Act states that after they cease to hold office, the Chairperson and every Member will not be eligible for—

reappointment as the Chairperson/Member of the Lokayukta;
any other assignment or appointment made by the Governor as per law;
further employment to any other office of profit under the central or state government.

Appointment of other employees and staff of Lokayukta

Section 9 of the Act provides for some other officers and staff for the Lokayukta who are appointed by the government for the smooth functioning of the body. As per this provision, there shall be a Secretary and a Director of Inquiry, both not below the rank of Deputy Secretary to the government and both are appointed by the Chairperson from a panel of names which is sent by the government. The service conditions of the officers and staff referred to in this provision are discussed under Chapter V of the 2018 Rules.

Jurisdiction of Lokayukta

As per Section 12(1), the jurisdiction of Lokayukta shall be exercised on all the categories given hereunder—

Any person who is/has been a State Minister.
Any person who is/has been an MLA.
All the state’s officers and employees, from amongst the public servants as defined in Section 2(c)(i) and 2(c)(ii) of the Prevention of Corruption Act (PCA), 1988 when serving or who have served, in connection with the State affairs.
All the individuals referred hereinabove in clause (c) equivalent in any organisation whether it’s a Body/Board/Corporation/Authority/Company/Society/Trust/Autonomous Body (by whatever name called) which is established by an Act of the Central government or the state government or wholly or partly financed by the Government or is controlled by it.

The proviso to this sub-section says that in the case of officers and employees referred to in clauses (c) and (d) who work in connection with the affairs of the Central Government or in any Body/ Board/ Corporation/ Society/ Trust etc. under the control of the Central Government, the Lokayukta and its Inquiry Wing officers shall have the jurisdiction in respect of such officers only after they obtain the consent of the Central Government.

Any person who has served or is currently serving as a Director, Secretary, Manager or other officer of any other Society/ Association of persons/ Trust (whether registered or not and by whatever name called), that receives financial support, fully or partly, by the State Government and has an annual income which exceeds the amount as specified by the State Government.

However, it is important to note that as per sub-section (2) of Section 12, the Lokayukta is prohibited from investigating any allegation of corruption against an MLA concerning their statements or votes given in the State Legislative Assembly or any committee as mentioned in Article 194(2) of the Constitution of India, 1949 which talks about parliamentary privileges.

Moreover, other than those referred to in Section 12(1), the Lokayukta may also inquire into any conduct of any person when he is involved in abetting, bribe giving/taking or any conspiracy related to a corruption allegation against a ‘public servant’ under the Prevention of Corruption Act (PCA), 1988.

The main proviso to Section 12 states that if an individual is involved in the affairs of the Central Government, the Lokayukta is not empowered to initiate any action under Section 12 without obtaining consent from the Central Government.

Matters not subject to Inquiry

Section 13 provides that the Lokayukta is prohibited from conducting an inquiry in the case of a complaint relating to matters related to the following –

action which is taken for the purpose of investigating a crime relating to the State security;
action which is taken in the exercise of the powers related to deciding whether a matter should be brought to court or not;
administrative action, which is taken in cases arising from contracts that solely regulate the commercial interactions between the administration and its customers or suppliers, except when the complainant claims harassment or significant delays in fulfilling the contractual obligations;
action which is taken regarding the appointment, transfer, postings, removal, pay, discipline, superannuation, as well as matters related to claims for pension, provident fund, gratuity, or any claims arising upon retirement, removal, or termination of service, and other issues concerning the service conditions of public servants;
grant of awards and honours;
any action for which a formal and public inquiry has been initiated with the prior approval of the Lokayukta;
any action taken relating to a matter that has been referred to inquiry under the Commissions of Inquiry Act, 1952; and
any action taken related to a person or a Local Body under the purview of the Ombudsman, which is constituted under Section 3 of the Tamil Nadu Local Bodies Ombudsman Act, 2014.

Moreover, sub-section (2) of this provision states that for any complaint, the Lokayukta is empowered to question any administrative action involving the exercise of discretion only when it is satisfied that switch exercise of the discretion can’t be prima-facie considered as being improperly exercised.

Constitution of benches of Lokayukta

Section 15 provides that the jurisdiction of the Lokayukta will be exercised in the areas as notified by the Lokayukta and by the benches consisting of the Chairperson and two or more Members as the Chairperson may decide. Ordinarily, every bench shall consist of at least one Judicial Member and the bench shall be presided by the senior member of that bench. However, when a Bench already consists of the Chairperson, it shall be presided by the Chairperson himself.

Further, Section 16 states that after the Benches are constituted, the provisions as to the distribution of the business amongst such benches and the matters which may be dealt with them are specified by the Chairperson from time to time.

Procedure of inquiry by Lokayukta

Chapter VI (Sections 19 to 22) of the Act deals with the procedure in respect of the Preliminary and Detailed inquiry conducted by the Lokayukta.

Complaint under the Act – Particulars and mode

As per Rule 22 of the 2018 Rules, every complaint under the Act shall be made in the form as prescribed in Schedule-V annexed to the Rules and the complaint should contain the following particulars:-

the complainant’s name and address;
the name, official designation and contact address of the public functionary against whom the complaint has been made along with the grievances or allegations; and
the detailed contents of the action complained or the allegations made.

Further, Rule 23 states that the complaint may be presented either in person to the Registrar/ any other officer duly authorised by him for this purpose or may be sent by post. Moreover, once a complaint is presented before the Lokayukta, it will not be allowed to be withdrawn unless a sufficient reason is shown that the particular complaint was a bona-fide mistake (Rule 29).

Protection of action taken in good faith

Section 37 of the Act provides that no suit will lie against the public servant in respect of anything which is done or purported to be done in the discharge of his official functions or the exercise of his powers.

Further, as per Section 38, no legal action, including suits, prosecutions, or other proceedings, can be filed against the Lokayukta, or any officer, employee, agency, or person in relation to actions taken in good faith or intended to be done under this Act or any rules or regulations made under it.

Scrutiny of complaint

Rule 24 states the procedure for scrutiny of the complaint registered. It specifies that after receiving the complaint, the particulars of the complaint will be entered in a register of complaints by the Registrar.

Upon reviewing the complaint, if the Registrar believes that the particulars do not comply with the Act or the Rules, he must issue a notice to the complainant within 15 days from receipt of the complaint. This notice will instruct the complainant to rectify the defect within the specified time mentioned in the notice itself. If the defects are not rectified or the omissions are not supplied within the specified time, the Chairperson or Members may reject the complaint.

Rejection of the complaint

As per Rule 24, a complaint may be summarily dismissed by the Chairperson or Members for any of the following reasons that-

the complaint does not uncover an allegation which may be inquired by the Chairperson or the Members;
the complaint is vexatious or frivolous or one that is not made in good faith;
sufficient grounds do not exist for the inquiry of the complaint; and
an earlier complaint which was based on the same allegations as those made in the present complaint had been previously disposed of by the Chairperson or the Members.

Opportunity of hearing before rejecting complaint

Rule 24(5) of the 2018 Rules states that the person who is making a complaint has to be informed in case no actions are taken on his complaint anymore. However, it has been provided that if the Lokayukta deems fit as per its discretion, an opportunity may be given to the complainant to show cause why the complaint should not be rejected as per the mentioned reasons.

Receipt of complaint and inquiry (S.19)

Firstly, on receipt of a complaint, the Lokayukta first decides whether to proceed with the matter or close it. If the Lokayukta decides to proceed further with the complaint, it shall conduct a preliminary inquiry in accordance with Section 19 of the Act.

Reference of complaint to inquiry wing

Lokayukta may order for a preliminary inquiry against any public servant as mentioned in clauses (a), (b) and (e) of Section 12(1). Public servants mentioned in these clauses are-

any person who is or has been a Minister of the State;
Member of the Legislative Assembly; and
any person who is or has been a Director, Manager, Secretary or other officer of a Society or Association of Persons or Trust which is fully or partially funded by the government, irrespective of the fact that it is registered or not.

The inquiry against these public servants would be made by the Inquiry Wing of the Lokayukta or any government agency in order to determine if there exists a prima facie case to move forward with the matter.

What is an Inquiry Wing?

Section 10 provides that for the purpose of conducting an inquiry relating to any offence that has been alleged to have been committed by a public servant, the Lokayukta shall constitute an ‘Inquiry Wing’ which will be headed by the ‘Director of Inquiry’. The Director of Inquiry shall be a person not below the rank of Deputy Secretary to the Government, and the Chairperson will appoint him from a panel of names sent by the Government itself.

Reference of complaint to Vigilance Commission

Then, the complaint is forwarded to the vigilance commission which will conduct a preliminary inquiry in respect of the public servants belonging to Group A (minister of state), B (MLA), C (state officers and employees) and D (officers and employees of any central or state establishment) in clauses (c) and (d) of section 12(1) in order to ascertain if there exists a prima-facie case to move forward with the matter.

Preliminary inquiry

Secondly, the inquiry wing/ agency of the government/ the vigilance commission, whatever the case may be, shall conduct the preliminary inquiry as referred to herein above, on the basis of the material, information, and documents collected. It can seek comments on the allegations as made in the complaint from the public servant and the competent authority and after receipt of such comments, shall submit a report to the Lokayukta within 60 days from the date of receipt of the reference.

Reviewing report of preliminary inquiry

A bench comprising not less than three members of the Lokayukta is responsible for reviewing each report received from the inquiry wing, government agency, or vigilance commission. After providing an opportunity for the public servant to be heard, the bench finds out if there exists a prima facie case. Further, the bench proceeds with the following actions:—

order for a detailed inquiry in respect of the public servants mentioned in Section 12(1) (other than the public servants belonging to Group C and D) by its inquiry wing/ any agency of the government;
recommend for a departmental action in respect of the public servants who belong to Group A and Group B; or
close the proceedings against the public servant and take action against the complainant in case the complaint was false in accordance with Section 35 of the Act.

Detailed inquiry

If the Lokayukta makes a decision to proceed with a detailed inquiry of the complaint, it shall direct the inquiry wing/ any agency of the government to expeditiously carry out the inquiry and complete the same within a period of 6 months. The Lokayukta may also extend the said period by a further period, but the same must not exceed 6 months at a time and the reasons have to be recorded in writing.

Report of detailed inquiry

For cases referred to it by the Lokayukta, the inquiry wing or the government agency directed to conduct the investigation must submit a detailed inquiry report to the Lokayukta. (Section 19(6))

A Bench comprising a minimum of three Lokayukta members will evaluate each report received under sub-section (6) from the inquiry wing/ the government agency so directed and then, the Bench may—

send a report to the competent authority for appropriate action in respect of the public servants mentioned in section 12(1) (excluding the public servants belonging to Group C and D);
order for closing the complaint.

Order of the Lokayukta

The Lokayukta has the authority to pass appropriate orders for the safe custody of the relevant documents during the preliminary or a detailed inquiry, as the case may be. It is important to note that as per Rule 25, all the orders passed by the Lokayukta need to be authenticated in such a manner as the Lokayukta may specify from time to time.

As per the provision, the Lokayukta is permitted to retain the original records and evidence that are likely to be needed during the process of a preliminary or detailed inquiry. Moreover, the website of the Lokayukta shall publicly display the status of a number of pending complaints or the complaints disposed of by it, from time to time in the prescribed manner.

In camera proceedings

Rule 26 of the 2018 Rules prohibits the in-camera proceedings in all the cases. It states that subject to the provisions incorporated in the Right to Information Act, 2005 (“RTI”), every inquiry under the present Act shall be conducted in private. Moreover, it is essential to ensure that the identity of the complainant, as well as the public functionary under the inquiry, is not revealed to the public or the press. Furthermore, the same shall also not be published in any form whether before, during or after the inquiry.

Discontinuance of inquiry

Rule 27 of the 2018 Rules states that when any inquiry can be discontinued by Members or Chairperson. After the commencement of inquiry under the Act, the Chairperson or a Member, in their discretion, may at any time order for the discontinuance of any further inquiry of a complaint containing an allegation or may refuse to inquire or stop inquiring any such complaint if in his opinion,-

sufficient grounds don’t exist for an inquiry or to continue the inquiry; or
there are other remedies available to the complainant, and it would be more appropriate for the complainant to use such remedies in the circumstance of such a case.

Where any such decision is being made with respect to the discontinuance of an inquiry relating to a complaint, the reasons have to be recorded, and the same shall be communicated to the complainant and the concerned public functionary.

Death of the complainant

As per Rule 28, in a case where after making a complaint, the complainant either dies or does not take any further steps to substantiate the allegation made in the complaint, the Chairperson or the Members, may proceed further with the complaint on the basis of the material available and the reasons have to be recorded in writing in lieu of the same.

Persons likely to be prejudicially affected (Section 20)

A person who is likely to be prejudicially affected by the complaint or the inquiry must be given a reasonable opportunity to present their case and provide evidence in their defence, in conformity with the principles of natural justice, if the Lokayukta –

deems it necessary to inquire into the conduct of a person other than the one against whom the complaint has been lodged; or
believes that the reputation of any person other than the person against whom the complaint has been filed is at risk of being prejudicially affected by the inquiry.

Requirement of furnishing information (Section 21)

In order to conduct either a preliminary or a detailed inquiry, the Lokayukta or the director of inquiry is authorised to require any public servant or any other person deemed capable of providing relevant information or documents to furnish such necessary information or produce such required documents.

Previous sanction not necessary (Section 22)

It has been provided that the Lokayukta does not need prior sanction or approval from any authority to conduct a preliminary or detailed inquiry through the inquiry wing, vigilance commission, or any government agency regarding a complaint filed against any public servant.

Powers of the Lokayukta

Chapter VII of this Act deals with the powers of the Lokayukta in order to efficiently carry out the duties it is conferred with.

Supervisory powers (Section 23 of Tamil Nadu Lokayukta Act, 2018)

Notwithstanding anything which is contained in any other law for the time being in force, the Lokayukta shall, under this Act, have all the powers of superintendence and direction over the Director of inquiry in respect of the matters relating to any inquiry under this Act.

Powers of civil court (Section 24 of Tamil Nadu Lokayukta Act, 2018)

For the purpose of an inquiry under the Act, the Inquiry Wing of the Lokayukta will possess all the powers of a civil court as incorporated under the Code of Civil Procedure (CPC), 1908 while dealing with the following matters:—

summon and enforce the attendance of a person and examine him on oath;
require the discovery and production of a document;
receive evidence on affidavits;
requisition any public record or its copy from any court or office;
issue commissions for the examination of the witnesses or documents. However, in the case of a witness, a commission can be issued only if, in the opinion of Lokayukta, the witness is not in a position to attend the proceeding before the Lokayukta; and
such other matters as may be prescribed under the law.

NOTE- As per Section 41 of the Act, no Civil Court is authorised to deal with matters falling within the jurisdiction of the Lokayukta as determined by or under this Act.

Power to utilise services of Government Officers (Section 25 of Tamil Nadu Lokayukta Act, 2018)

Under the Act, for the purpose of conducting a preliminary or a detailed inquiry, the Lokayukta is allowed to utilise the services of any officer or an agency of the Government with the prior approval of the Government. For the same, any officer or agency whose services are utilised under Section 25(1) has the power to –

summon and enforce the attendance of a person and to examine him;
require the discovery and production of a document; and
request any public record or its copy from any officer.

Ultimately, such an officer or agency shall inquire into any matter related to the preliminary or a detailed inquiry and accordingly submit a report to the Lokayukta within a period specified by Lokayukta.

Power to recommend transfer or suspension of an alleged public servant (Section 26 of Tamil Nadu Lokayukta Act, 2018)

The Lokayukta has the authority to suggest to the Government for transfer or suspension of a public servant from their current position for a specific time duration. This action is taken when, during a preliminary inquiry into corruption allegations, the Lokayukta is prima facie satisfied on the basis of the evidence available that—

the continuance of the public servant as referred to in Section 12(1) clauses (c) or (d) i.e. state officers and employees or officers and employees of any central or state establishment, in his post while conducting the preliminary inquiry can affect such an inquiry adversely; or
the public servant, who is/has been a state minister, might attempt to destroy, tamper with the evidence, or influence the witnesses relevant to the ongoing inquiry.

Then, the Lokayukta may recommend to the Government for the transfer or suspension of such public servant from the post held by him till such period as may be specified in the order, subject to administrative reasons.

Power to give directions to prevent destruction of records (Section 27 of Tamil Nadu Lokayukta Act, 2018)

In order to discharge its duties under the Act, the Lokayukta is authorised to issue appropriate directions to any public servant who is entrusted with the preparation or custody of any document or a record for—

protecting such document or record from any destruction or damage; or
preventing the public servant from altering or concealing any such document or record; or
preventing the public servant from transferring or alienating any assets which are allegedly acquired by him through any corrupt means.

Power to delegate (Section 28 of Tamil Nadu Lokayukta Act, 2018)

The Lokayukta may also, wherever necessary and allowed, direct that any administrative or financial power that is conferred on itself may also be exercised or discharged by any specified members or officers or employees.

Legal assistance to complainant (Section 42 of Tamil Nadu Lokayukta Act, 2018)

As per Section 42, if any person against whom a complaint has been made under this Act, requests before the Lokayukta for any legal assistance to defend his case, the Lokayukta is obliged to provide them with the necessary assistance.

Removal and suspension of Chairperson and Members of Lokayukta

Section 29 lays down the conditions for the removal and suspension of members or Chairperson of Lokayukta.

Removal of Chairperson or members

Section 29 specifies certain conditions on which a member of Lokayukta or the Chairperson himself can be removed. These conditions are outlined below-

Misbehaviour [Section 29(2) of Tamil Nadu Lokayukta Act, 2018]

As per this provision, the Lokayukta shall not inquire into a complaint which is made against the Chairperson or any Member. Nonetheless, if a petition (signed by at least 45 Members of the Legislative Assembly) raising grounds of any ‘misbehaviour’ by the Chairperson or any Member is referred to the High Court by the Governor, and after inquiry, the High Court does report that such person should be removed on such ground, then the Governor may make an order accordingly to remove the Chairperson or such Member from his office.

The Chairperson or a Member will be considered to be guilty of misbehaviour if he is involved or becomes involved or interested in any contract/agreement made by the Government of India or State of Tamil Nadu or on the behalf of the Indian government or that of Tamil Nadu. This includes participating in the profits or benefits resulting from the contract, otherwise than as a member and in common with the other members of an incorporated company.

Other Grounds [Section 29(4) of Tamil Nadu Lokayukta Act, 2018]

Notwithstanding anything above said, the Governor may remove from the office, the Chairperson or any member of the Lokayukta, if he—

is adjudged an insolvent; or
during his term of office, involves himself in any paid employment outside his office duties; or
is believed to be unfit to continue in office by reason of infirmity of mind or body, in the opinion of the Governor.

Suspension of chairperson or members

It is important to note that the chairperson or members can be suspended in certain circumstances. As per Section 29(3) of the Act, the Governor may suspend from 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.

Complaints against officials of Lokayukta

Section 30 states that every complaint of an allegation or wrongdoing which is made against any officer/ employee/ agency under or associated with the Lokayukta for an offence that is punishable under the Prevention of Corruption Act (PCA), 1988 will be handled in conformity with the provisions of this Section. Some such offences, along with respective provisions, are as follows-

accepting or obtaining gratification, other than legal remuneration, as a motive or reward to perform/abstaining from performing an official act (Section 7)
giving/promising to give an undue advantage to another person(s) with an intention to induce a public servant to improperly perform a public duty or to reward a public servant for improper performance of public duty (Section 8)
accepting or obtaining bribes as a motive or reward to show favour/disfavour in the exercise of official functions (Section 9)
obtaining, by corrupt or illegal means, any valuable thing without any consideration from a person related to any proceeding or business transacted by such public servant (Section 11)

The Lokayukta shall complete the inquiry relating to any such complaint or allegation within a period of 30 days from the date of its receipt. While making such an inquiry against any officer/ employee of the Lokayukta/ agency associated with the Lokayukta, an order of suspension may be made by the Lokayukta to suspend such officer/ employee of the Lokayukta or in case of agency associated with the Lokayukta, divest such agency of all its powers and responsibilities. However, for such a divestment, the Lokayukta must be prima facie be satisfied on the basis of the evidence available that—

the continuance of such an officer/ employee of the Lokayukta/ agency engaged or associated with his post while conducting the inquiry is likely to affect the inquiry adversely; or
an officer/ employee of the Lokayukta/ agency engaged or associated is likely to destroy or in any way tamper with the evidence or influence the witnesses.

When the inquiry is completed, if the Lokayukta is satisfied that there is prima facie evidence of the commission of an offence under the Prevention of Corruption Act (PCA), 1988, or of any such wrongdoing, the Lokayukta shall, within a period of 15 days of concluding the inquiry, send its report to the Vigilance Commission of the State for an appropriate action to be taken on such officer/ employee of the Lokayukta or any such officer, employee, agency engaged or associated with the Lokayukta and initiate a disciplinary proceeding against the concerned official.

Action on false complaints

Chapter X of the Act gives recourse to the persons who have been arbitrarily dragged into the purview of the Act by false and frivolous complaints. Nevertheless, a reasonable opportunity to be heard must be given to such officer/ employee of the Lokayukta/ agency so engaged or associated, before making such an order.

Prosecution for false complaint (Section 35 of Tamil Nadu Lokayukta Act, 2018)

Section 35 lays down that notwithstanding anything which is contained under this Act, if a person makes any false or frivolous complaint under this Act, then on conviction, he shall be punished with imprisonment up to 1 year and with a fine up to 1 Lakhs rupees. However, it is important to note that a complaint regarding a false, frivolous, or vexatious complaint can be filed by the person against whom the false complaint was made or by an officer authorised by the Lokayukta.

When the person convicted under this Act for making a false complaint is an individual/ Society/ association of persons/ Trust (whether registered or not), such person shall be liable to pay compensation to the public servant against whom such false complaint was made and this will be in addition to the legal expenses incurred for contesting the case by such public servant, which will be determined by the Court. Section 35(3) further states that all such expenses connected with the prosecution of the concerned person shall be borne by the Government.

Importantly, this provision will not be applicable if a complaint was made in good faith. As per the explanation, the expression “good faith” here means any act which is believed or done by a person in good faith and with due care, caution and sense of responsibility or by any mistake of fact believing himself that it is justified by law under Section 79 of the Indian Penal Code (IPC), 1860.

False complaint made by society or association of persons or trust (Section 36 of Tamil Nadu Lokayukta Act, 2018)

If an offence under Section 35 has been committed by any Society, Association of Persons, or Trust (whether registered or not), every individual who, at the time of the offence, was directly in charge of and responsible for the conduct of the business or affairs of the Society, Association of persons, or Trust, will be considered guilty of the offence, and they will be liable to be punished accordingly. However, if any such person is able to prove that the offence was committed without his knowledge or that he had taken all necessary due diligence to prevent its commission, then he shall not be liable for any punishment.

Moreover, if it is proved that the offence was committed with the consent, connivance, or negligence of any Director, Manager, Secretary, or other officers of such Society, Association of persons, or Trust, then these individuals will also be considered to be guilty of that offence, and they shall be liable to be punished accordingly.

Finance, audit and account

Chapter IX of the Act contains provisions relating to budget, grants by the government, annual statements of accounts, and furnishing of returns, etc. to the government.

Budget

Section 31 provides that in each financial year, the Lokayukta shall prepare the budget for the next financial year, which shall contain the estimated receipts and expenditures of the Lokayukta and such a budget shall be forwarded to the Government.

Grants

As per Section 32, after due appropriation made by the State Legislative Assembly, the Government may make grants of money to the Lokayukta as required for the payment of salaries and allowances to the Chairperson and Members and the administrative expenses, including salaries, allowances, and pension for officers and other employees of the Lokayukta.

Annual statement of accounts

Section 33 requires the Lokayukta to maintain proper accounts and other relevant records and to prepare an annual statement of accounts in a form as prescribed in consultation with the Accountant General of Tamil Nadu, who shall also audit such accounts. Further, after certification from such Accountant General or any other person appointed by him on this behalf, the accounts of the Lokayukta and the audit report shall be forwarded every year to the State Government which shall lay it before the State Legislative Assembly.

Furnishing of returns

Section 34 further requires the Lokayukta to furnish to the Government such returns, statements, and particulars as may be needed by it. This furnishing of returns to the government would be done at such time and in such form and manner as may be prescribed.

Power to make rules and regulations

Section 44 and 45 of the Act empowers the government to make rules and regulations, respectively, to carry out the provisions of this Act. For example, it can make rules relating to the following matters-

the form of complaint
term of Search Committee, fees, and allowances payable to its Members and manner of selection of panel of names for its appointment
conditions of service of the Secretary and other officers and staff of the Lokayukta
the form and time for preparing the budget, etc.

Importantly, the Tamil Nadu Lokayukta Rules, 2018 were made using power under this provision.

Similarly, the Government can make regulations relating to:—

the manner for displaying the status of all complaints pending or disposed of along with records and evidence on the Lokayukta website; and
any other matter which is required/ specified under this Act.

Points to be remembered

It is important to note that a complaint under this Act shall only be pertaining to a period during which the public servant was holding the office or serving in that capacity.
The Lokayukta is authorised to investigate only those complaints made within a period of four years from the date on which the offence mentioned in such a complaint is alleged to have been committed (Section 40).
If there is a matter or proceeding related to allegations of corruption under the Prevention of Corruption Act (PCA), 1988, that was pending before any court, committee of the Legislative Assembly, or any other authority before the commencement of this Act or before the start of an inquiry after the commencement of this Act, such matter or proceeding shall continue before the respective court, committee, or authority. (Section 14).
No legal action, including suits, prosecutions, or other proceedings under this Act, can be initiated against any public servant in relation to actions taken in good faith or intended to be done in the discharge of his official functions or in the exercise of his powers (Section 37).

Conclusion

Corruption undermines trust, erodes the democratic foundation of a nation, impedes economic progress, and worsens inequality, poverty, social division and the environmental crisis. In order to expose corruption and hold the corrupt accountable, we have to understand the way in which corruption works and the systems that enable it. The Tamil Nadu Lokayukta Act 2018 is a short document, but it incorporates the necessary provisions in detail.

Despite the existence of various laws at the national as well as the state level, it has been really difficult to curb corruption-related practices in the public sector. However, there are some changes which can be made in the daily transactions of the administrative works, to curb corruption. For example, the public sector departments should be technologically automated and payments over a certain threshold should only be accepted in digital form to tap the end-to-end transactions. Moreover, CCTV cameras and microphones must be installed in the public offices. Transfer of public officials can be taken out periodically to prevent the risk of favouritism, etc.

Frequently Asked Questions (FAQs)

Which is the central Act providing for the establishment of Lokayuktas?

The Lokpal and Lokayuktas Act 2013 is the central act which provides for the establishment of Lokpal for the Union and Lokayuktas for the states.

Are there any related rules or regulations to the Tamil Nadu Lokayukta Act 2018?

Yes, the Tamil Nadu Lokayukta Rules, 2018 is the ancillary document along with the 2018 Act. It provides for the Search Committee, its terms, meetings, etc. and service conditions of the Chairperson, members, officers and staff of the Lokayukta.

Is there any limitation period for making a complaint under the Tamil Nadu Lokayukta Act 2018?

Yes. As per Section 40 of the Act, a complaint can be made only within a period of four years from the date on which the offence is mentioned in such complaint.