Prevention corruption Act and Karnataka

Lokayukta Act
I. Article 3 of KFC to be kept in mind
II. Cannons of financial proprieties to be followed.
- breach of cannons attracts CCA provisions

III. CCA detailed procedure

IV. Certain cases – Special procedure- rule 14 and 14 A of CCA
rules
- On criminal charges
- When absconding
- Other serious charges
- When the governor is satisfied that in the interest of security of the state it is
not expedient to follow such procedure
- The Govt may refer the case to Lokayukta for investigation
- Lokayukta also can investigate suo moto
V. - Karnataka Lokayukta Act 1984 came in to force with effect from 15.01.1986 based

on the recommendation of Administrative reforms commission

- The vigilance commission abolished
-All inquiries and investigations and other disciplinary proceedings pending before
V.C Stands transferred to Lokayukta

- Lokayukta Act 1984 is a state Act (15.01.1986)

- P.O.C Act 1988 is central Act (09.09.1988)

VI. Prevention of Corruption Act 1988

A. Corruption/offences – Includes any thing made punishable under chapter IX of
IPC
- Taking gratification` other than legal remuneration in respect of
official act.
- Taking gratification by illegal means to influence public servant.
- Accepting any type of gratification
- Obtaining any type of gratification
- Agreeing to accept any type of gratification.
 - Gratification is not restricted to pecuniary (estimable in money)
- Receiving gratification as a Motive or reward for doing what the does not

intend
- Inducing a person erroneously to believe that his influence with Govt has

obtained a title and thus demanding to give money or any other gratification
- Abetting for corruption dealings
- Taking gratification for exercise of personal influence with public servant
- Punishment for these offences is imprisonment for 6 months to 5 years and also

fine suitably
 B) Criminal misconduct by a public servant
Following amounts to criminal misconducts
- Habitually accepting/obtaining/agreeing to accept/attempting to obtain from any

other person for himself or for any other person any gratification other than legal

remuneration.
- Habitually accepting/obtaining/agreeing to accept/attempting to obtain from any

other person for himself or for any other person any valuable thing other than legal

remuneration.
- Dishonestly /fraudulently miss appropriating or otherwise for is own use any

property entrusted to him/under his control allowing any other person to do so.
- Illegally accepting any valuable things for himself or for any other person.
- Abusing his position as a Govt servant or obtaining for himself or for any other
person any valuable things or pecuniary advantage.
- Obtaining for any person any valuable things or pecuniary advantage without
any public interest.
- Possessing pecuniary resources or property disproportionate to his known
resources without satisfactory account, in the name of public servant or in other
names.
- Punishment for these misconducts is imprisonment from one year to seven years and

suitable fine also

- Punishment for habitually abetting for these criminal misconducts is imprisonment

from 2 to 7 years and fine also

 C) Investigation
- Persons authorised to investigate

a) Dellhi police establishment – Inspector or above

b)Metropolitian areas – ACP

c)Else where – DSP or equivalent rank

d) State Govt by general or Special orders – Inspector of Police

e) In Case of disproportionate assets - Only SP and above

D) Special judges to be appointed for trial of the cases

- Central/state Govt may appoint special judges not below the rank of

sessions judge/additional sessions judge

 VII. Karnataka Lokayukta Act 1984
1) To improve standards of public administration by looking into complaints against the

administrative actions specially cases of corruption, favouritism, Official indiscipline in

administrative machinery

2) Public servants covered under the Act

(1) Chief minister

(2) Other minister

(3)MLA’s, MLC’s

(4) All officers of State Govt/Government Servants

(5) Chairman, Vice chairman of Local bodies, boards, statutory bodies etc…
including co-operative societies owned or controlled by Govt

(6) Company in which not less than 50% of shares are held by Govt

(7) Universities
3) Appointment of Lokayukta and Upa Lokayukta
- For conducting investigation and enquiries Governor will appoint
1) Lokayukta – (a) judge of Supreme court or Chief justice of High court on the
advice of CM in consultation with
(1) CJ of High court
(2) Chairman legislative council
(3) Speaker legislative assembly
(4) Leaders of the opposition in LC and LA

(b) - Should not be MP/MLA/MLC – If so to be resigned

- Should not hold any office of profit – If so to be resigned
- Should not be connected with any political party - If so
to be severed
- Should not do any business - If so to be severed
- Should not practice any profession – If so to be
suspended
 2. Upa Lokayuktas – Judge of High court on the advice of –do-
4. Term of office – 5 Years
- Provided resignation
- Provided removal by Governor after an address by LA and LC under section 6

5. Complaints and investigations

- Any person may make a complaint to Lokayukta/Upa Lokayukta
- Complaints shall be made in the form of statement in the prescribed form
supported by affidavit
- After preliminary enquiry by Lokayukta/Upa Lokayukta proposal for
investigation
- Forward a copy of complaint and the opinion recorded by lokayukta to the
public servant and competent authority concerned.
- Opportunity shall be given to public servant to offer his comments on
complaint/Opinion recorded by Lokayukta/Upa Lokayukta
- Order for safe custody of documents relevant to investigation.
- Investigation may be conducted either in public or in camera as
Lokayukata/Upa Lokayukta considers depending on the circumstances
 - Lokayukta/Upa Lokayukta may refuse investigation of any complaint
involving grievance or allegation if
- Complaint is frivolous or vexatious
- No sufficient grounds for investigation
- Other remedies are available to the
complainant which would be more proper
- In such cases he shall record his reasons therefor and communicate the same
to public servant and complainant

6. Issue of search warrant by Lokayukta/Upa Lokayukta

- If a person fails to produce any property, document or thing required for

enquiry in response to summon/Notice issued

- If a person not disclosed the details of valuable articles like money

bullion, jewelry, documents etc.,

- Provisions of Cr.PC 1973 shall also apply for search and seize
7. Evidence
- Lokayukta/Upa Lokayukta have powers
- To summon anybody for evidence and examine him on oath
- To require the discovery or ask for any document.
- To receive evidence on affidavits
- To call for any public record from any court or office.
- To issue commissions for the examination of witnesses or
documents.
8. Reports of Lokayukta
- Lokayukta/Upa Lokayukta shall send report of investigation for need full
action to competent authority.
- Competent authority inturn to intimate to lokayukta and upa lokayukta
within a month of receipt of reports/within 3 months in respect of serious
allegations, regarding action taken on the report.
- If Lokayukta/Upalokayukta is satisified regarding action taken by the
competent authority he shall close the case, if not satisfied, report to the
governor.
- Thereafter Governor will examine and shall cause it, with explanatory
memorandum, to be laid before state legislature.
 9. Public servant to vacate office if directed by Lokayukta/Upa lokayukta
- After investigation into a complaint if lokayukta/Upa lokayukta is satisfied
that allegation against public servant is substantiated
- Consider the public servant concerned should not hold by the post held by
him, he
- will make a declaration so and sent to competent authority.
- Competent authority shall send that copy to Govt which may either be
accepted or rejected after giving an opportunity of being heard to
concerned.
- Three months time to accept or reject – afterwards deemed to have been
accepted.
- CM or minister to resign his office.
- Chairmen etc., of boards and corporations deemed to have been vacated
their office .
- Govt servants and local body servants deemed to have been suspended
10. Initiation of prosecution
- If lokayukta/Upa lokayukta is satisfied that public servant has committed
criminal offence, he may pass order and initiate prosecution
11. Prosecution of false complaint
- Who ever makes false and frivolous or vexatious complaint, on conviction be
punished with imprisonment for six months to three years and with fine