Tamil Nadu Lokayukta Act, 2018
No: 33 Dated: Jul, 13 2018
Tamil Nadu Lokayukta Act, 2018
(Act No. 33 of 2018)
An Act for the establishment of a body of Lokayukta for the State of Tamil Nadu to inquire into allegations of corruption against certain public servants and for matters connected therewith or incidental thereto.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth Year of the Republic of India as follows:-
CHAPTER - I
Preliminary
1. Short title and commencement. - (1) This Act may be called the Tamil Nadu Lokayukta Act, 2018.
(2) It shall come into force on such date1 as the Government may, by notification, appoint.
2. Definitions. - (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" means, in relation to,-
(i) the Chief Minister, the Governor;
(ii) a Minister, the Chief Minister;
(iii) a Member of the Legislative Assembly of the State other than a Minister, the Speaker of the Legislative Assembly;
(iv) an officer in any Department, the Government;
(v) a Chairperson or Members of any Body, or Board or Corporation or Authority or Company or Society or Autonomous Body (by whatever name called) established or constituted under an Act of Parliament or of the Legislative Assembly of the State or wholly or partly financed by the Government or controlled by it, the Minister-in-charge or the Chief Minister, as the case may be, of the department of such Body or Board or Corporation or Authority or Company or Society or Autonomous Body;
(vi) an officer of any Body or Board or Corporation or Authority or Company or Society or Autonomous Body (by whatever name called) established or constituted under an Act of Parliament or of the Legislative Assembly of the State or wholly or partly financed by the Government or controlled by it, the head of such Body or Board or Corporation or Authority or Company or Society or Autonomous Body;
(vii) in any other case not falling under sub-clauses (i) to (vi) above, such department or authority as the Government may, by notification, specify:
Provided that if any person referred to in sub-clause (v) or sub-clause (vi) is also a Member of the Legislative Assembly of the State, then the competent authority shall be the Speaker of the Legislative Assembly;
(d) "complaint" means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988;Central (Act 49 of 1988).
(e) "Government" means the State Government;
(f) "Judicial Member" means a Judicial Member of the Lokayukta;
(g) "Lokayukta" means the body established under section 3;
(h) "Member" means a Member of the Lokayukta;
(i) "Minister" means the Minister of the Government and includes the Chief Minister;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "public servant" means a person referred to in clauses (a) to (e) of sub-section (1) of section 12;
(l) "regulations" means regulations made under this Act;
(m) "State" means the State of Tamil Nadu.
(2) The words and expressions used in this Act and not defined but defined in the Prevention of Corruption Act, 1988 (Central Act 49 of 1988) and the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall have the meanings, respectively, assigned to them in those Acts.
CHAPTER - II
Establishment and Composition of Lokayukta.
3. Establishment and Composition of Lokayukta. - (1) On and from the date of notification to be issued by the Government in this behalf, there shall be established a body to be called the "Lokayukta".
(2) The Lokayukta shall consist of,-
(a) a Chairperson who is or has been a Judge of the High Court or a person with twenty-five years experience in anti-corruption policy, public administration, vigilance, finance and law; and
(b) four Members, out of whom two shall be Judicial Members.
(3) A person shall be eligible to be appointed,-
(a) as a Judicial Member if he is or has been a Judge of the High Court or has put in twenty-five years of experience in State judiciary with impeccable record;
(b) as a Non-Judicial Member if he has had twenty-five years of experience in anti-corruption policy, public administration, vigilance, finance and law.
(4) The Chairperson or a Member shall not be,-
(a) a Member of Parliament or a Member of the Legislative Assembly of any State or Union territory;
(b) a person convicted of any offence;
(c) a person of less than forty-five 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;
(e) a person who has been removed or dismissed from service of the Union or a State and;
(f) a person holding any office of trust or profit (other than his office as the Chairperson or a Member) or be connected with any political party or carry on any business or practice any profession.
(5) A person who is appointed as the Chairperson or a Member, as the case may be, shall, before he enters upon his office, if,-
(a) he holds any office of trust or profit, resign from such office; or
(b) he is carrying on any business, sever his connection with the conduct and management of such business; or
(c) he is practicing any profession, cease to practice such profession.