Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971
No: 46 Dated: Dec, 10 1971
Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971
ACT NO. XLVI OF 1971
An Act to make provision for the appointment and functions of certain authorities for the investigation of administrative action taken by or on behalf of the Government of Maharashtra or certain public authorities in the State of Maharashtra, in certain cases and for matters connected therewith.
WHEREAS, it is expedient to make provision for the appointment and functions of certain authorities for the investigation of administrative action taken by or on behalf of the Government of Maharashtra or certain public authorities in the State of Maharashtra in certain cases and for matters connected therewith ;
It is hereby enacted in the Twentysecond year of the Republic of India as follows :—
1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless the context otherwise requires,-
(a) "action" means action taken by way of decision, recommendation or finding or in any other manner and includes failure to act; and all other expressions connecting 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 to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person,
(ii) was actuated in the discharge of his functions as such public servant personal interest or improper or corrupt motives, or
(iii) is guilty of corruption, or lack of integrity in his capacity as such public servant;
(c) "competent authority", in relation to a public servant, means,
(i) in the case of a Minister or Secretary ......... the Chief Minister,
(ii) in the case of any other public servant .......... such authority as may be prescribed;
(d) "grievance" means a claim by a person that the sustained injustice or undue hardship in consequence of maladministration;
(e) "Lokayukta" means a person appointed as the Lokayukta under section 3;
(f) "Upa-Lokayukta" means a person appointed as an Upa-Lokayukta under section 3;
(g) "maladministration" means action taken or purporting to have been taken in the exercise of administrative functions in any case,
(i) where such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or
(ii) where there has been negligence or undue delay in taking such action, or the administrative procedure or practice governing such action involves undue delay;
(h) "Minister" means a member (other than the Chief Minister) of the Council of Ministers, by whatever name called, for the State of Maharashtra, that is to say, a Minister, minister of State and Deputy Minister;
(i) "officer" means a person appointed to public service or post in connection with the affairs of the State of Maharashtra;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "public servant" denotes a person falling under any of the descriptions hereinafter following, namely:
(i) every Minister referred to in clause (h);
(ii) every officer referred to in clause (i);
(iii) (a) [every President, Vice-President and Councillor of a Zilla Parishad], [Chairman, Deputy Chairman and a member of a Panchayat Samiti] and Chairman of the Standing or any Subject Committee, constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961;
(b) [every President, Vice-President and Councillor of a Municipal Council], and Chairman of the Standing or any Subject Committee, constituted or deemed to be constituted under the [Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships] Act, 1965;
[(c) every, Mayor, Deputy Mayor and Councillor of all Municipal Corporations and Chairman of Standing or any Subject Committee, constituted under the Mumbai Municipal Corporation Act, the City of Nagpur Corporation Act, 1948 and the Bombay Provincial Municipal Corporations Act, 1949.]
(iv) every person in the service or pay of-
(a) any local authority in the State of Maharashtra, which is notified by the State Government in this behalf in the Official Gazette,
(b) any corporation (not being a local authority) established by or under a State or Provincial Act and owned or controlled by the State Government,
(c) any Government company within the meaning of section 617 of the Companies Act, 1956, in which not less than fifty-one per cent of the paid up share capital is held by the State Government or any company which is a subsidiary of a company in which not less than fifty-one per cent of the paid up share Capital is held by the State Government,
(d) any society registered under the Societies Registration Act, 1860, which is subject to the control of the State Government and which is notified by that Government in this behalf in the Official Gazette.
(l) "Secretary" means a Secretary to the Government of Maharashtra and includes a Special Secretary, an Additional Secretary and a Joint Secretary.