Kerala Lok Ayukta Act, 1999
No: 8 Dated: Mar, 04 1999
THE KERALA LOK AYUKTA ACT, 1999
ACT 8 OF 1999
An Act to make provision for the appointment and functions of certain authorities for making enquiries into any action (including any omission and commission in connection with or arising out of such action) relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution of India taken by or on behalf on the Government of Kerala or certain public authorities in the State of Kerala in certain cases and for matters connected therewith or ancillary thereto.
Preamble. - Whereas it is expedient to make provision for the appointment and functions of certain authorities for making enquires into any action (including any omission and commission in connection with or arising out of such action) relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution of India, taken by or on behalf of the Government of Kerala or certain public servants in the State of Kerala in certain cases and for matters connected therewith or ancillary thereto
Be it enacted in the Fiftieth Year of the Republic of India as follows.-
1. Short title and commencement. - (1) This Act may be called the Kerala Lok Ayuktha Act, 1999.
(2) It shall be deemed to have come in to force on the 15th day of November, 1998.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "action" means any action including administrative action taken by way of decision, recommendation or finding or in any other manner and includes wilful failure or omission to act and all other expressions relating to such action shall be construed accordingly:
(b) "allegation", in relation to a public servant, means any affirmation that such public servant, -
(i) Has abused his position as such public servant to obtain any gain of favour to himself or to any other person or to cause under harm or hardship to any other person;
(ii) Was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives; or
(iii) Is guilty of corruption, favouritism, nepotism or lack of integrity in his capacity as such public servant,
(c) "Chief Minister" means the Chief Minister of the State;
(d) "competent authority" , in relation to a public servant, means,-
(i) In the case of the Chief Minister or a Member of the State Legislature, or an office bearer of a political party, at the State level, the Governor acting in his discretion,
(ii) In the case of a Minister of Secretary, the Chief Minister;
(iii) In the case of an officer of the All India Services, employed in connection with the affairs of the State, the Minister concerned;
(iv) in the case of a Government servant, other than a Secretary, the Government of Kerala,
(v) In the case of any other public servant, such authority, as may be prescribed,
(e) "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code (Central Act 45 of 1860) or under the Prevention of Corruption Act, 1988 (Central Act 49 of 1988),
(f) "Government servant" means a person who is a member of the civil services of the State of Kerala or who holds a civil post or is serving in connection with the affairs of the State of Kerala and includes any such person whose services are temporarily places at the disposal of the Government of India, the Government of another State, a local authority or any person, whether incorporated or not, not also any person in the service of the Central or another State Government or a local or other authority whose services are temporarily places at the disposal of the Government of Kerala;
Explanation. - For the purpose of the clause the term 'another State Government' includes the Union Territories,
(g) "Governor" means the Governor of Kerala,
(h) "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of mal-administration;
(i) "local authority" means a Panchayat at any level constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994) or a Town Panchayat or a Municipal Council or a Municipal Corporation constituted under the Kerala Municipality Act, 1994 (20 of 1994);
(j) "Lok Ayukta" means the person appointed as the Lok Ayukta under section 3;
(k) "mal-administration" means action taken or purporting to have been taken in the exercise of administrative functions in any case where,-
(i) such action or the administrative procedure or practice adopted in such action is unreasonable, unjust, oppressive or improperly discriminatory; or
(ii) there has been wilful negligence or undue delay in taking such action or the administrative procedure or practice adopted in such action involves undue delay;
(l) "Minister" means a member of the Council of Ministers of the State, excluding the Chief Minister;
(m) "political party" means a political party or group which has representation in Parliament or in the Kerala Legislative Assembly, or a political party which is treated as a recognised political party in accordance with paragraph 6 of the Election Symbols (Reservation and Allotment) Order, 1968 or a political party registered under section 29A of the Representation of People's Act, 1951 (Central Act 433 of 1951),
(n) "prescribed" means prescribed by rules under this Act;
(o) "public servant" means a person who is or was at any time,-
(i) the Chief Minister;
(ii) a Minister;
(iii) a member of the legislative Assembly of the State Kerala;
(iv) a Government servant;
(v) the Chairman and the Vice-Chairman (by whatever name called) or a member of a local authority in the State or a statutory body or corporation established by or under any law of the State Legislature, including a cooperative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and such other Corporations or Boards, as the Government may, having regard to its financial interest, in such Corporations or Boards, by notification, from time to time, specify;
(vi) a member of a Committee or Board or Authority or Corporation, statutory or non-statutory, constituted by the Government of Kerala;
(vii) a person in the service or pay of,-
(A) a local authority in the State;
(B) a statutory body or a corporation (not being a local authority) established by or under State of a Central Act, owned or controlled by the Government of Kerala and any other board or corporation as the Government may, having regard to its financial interest therein, specify, by notification in the Gazette from time to time;
(C) a company registered under the Companies Act, 1956 (Central Act 1 of 1956), in which not less than fifty-one per cent of the paid up share capital is held by the Government of Kerala or any company which is a subsidiary of such company;
(D) a society registered or deemed to have been registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (XII or 1955) or the Societies Registration Act, 1860 (Central Act 21 of 1860), which is subject to the control of the Government of Kerala and which is notified, in this behalf, in the Gazette;
(E) a cooperative society,
(F) a University,
Explanation. - In this clause, "cooperative society" means a cooperative society registered or deemed to have been registered under the Kerala Cooperative Societies Act, 1969 (21 of 1969) and "University" means a University established by or under any law of the State of Kerala;
(viii) the President, Secretary or Treasurer or any other office bearer of a trade union registered under the Indian Trade Unions Act, 1926 (Central Act 16 of 1926),
(ix) the Chairman or Vice-Chairman or President or Vice-President or Secretary of Treasurer or any other office bearer of a political party, at the District or State level,
(x) the Chairman or Manager or Secretary or Correspondent having control over the administration of a private school, whether under individual or corporate management, which receives or has received and or grant from the Government under the Kerala Education Act, 1958 (6 of 1959), and the rules made thereunder;
(xi) the Chairman or Manager or Secretary or Correspondent having control over the administration of a private college, whether under unitary or corporate management, which is affiliated to a University in the State and is governed by the Private Affiliated Colleges (Arts and Science Colleges) Staff Direct Payment of Salary Rules 1972,
(xii) the Chairman or Manager or Secretary or Correspondent having control over the administration of a private college, whether under unitary or corporate management, affiliated to a University in the State and which receives aid or grant from the Government of Kerala; or
(xiii) the Chairman or Manager or Secretary or Correspondent having control over the administration of a Private Engineering College or Private Polytechnic, whether under unitary or corporate management, affiliated to a University in the State or the State Board of Technical Examination, Kerala, as the case may be and is governed by the Rules for Payment of Salaries to the Staff of the Private Engineering Colleges and Polytechnics, 1972,
(p) "Secretary" means a Secretary to the Government of Kerala and includes a Chief Secretary, an Additional Chief Secretary, a Principal Secretary, a Special Secretary, an Additional Secretary and a joint Secretary;
(q) "State" means the State of Kerala,
(r) "Upa-Lok Ayukta" means a person appointed at Upa-Lok Ayukta under section 3.