(1) This Act may be called the 2Telangana Lokayukta Act, 1983.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the State Government may, by notification published in the 2Telangana Gazette, appoint.
2. In this Act, unless the context otherwise requires- 3[(a) “action” means an administrative action taken by a public servant by way of decision, recommendation or finding or in any other manner, and includes any omission and commission and failure to act in connection with or arising out of such action; 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;
1. The Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983 received the assent of the President on the 25th August, 1983. The said Act with the omission of “Upa-Lokayukta” in the short title and with amendments as in force in the combined State, on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide.
the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Substituted by Act No.1 of 2007.
Short title, extent and commencement.
Definitions.
2 [Act No.11 of 1983] 4[(ia) has failed to discharge the functions attached to his post;]
(ii) was actuated in the discharge of his functions as such public servant by improper or corrupt motive and thereby caused loss to the State or any member or section of the public; 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,- 5[(d) “corruption” includes anything made punishable under Chapter IX of the Indian Penal Code, 1860 or under the Prevention of Corruption Act, 1988 as amended from time to time;]
(e) “Government” means the State Government;
4. Inserted by Act No.31 of 2017 (w.e.f.30.10.2019 vide. Telangana Gazette Notification No.227-A, Part-I, Extraordinary, dated 30.10.2019).
5. Substituted by Act No.1 of 2007.
(i) in the case of a Minister, Chief Secretary or Secretary.
The Chief Minister.
(ii) in the case of a Member of either House of the State Legislature.
The Speaker of the Legislative Assembly or as the case may be the Chairman of the Legislative Council.
(iii) in the case of any other public servant.
Such authority as may be prescribed.
Central Act 45 of 1860.
Central Act 49 of 1988.
[Act No.11 of 1983] 3 6[(ea) “Grievance” means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration;]
(f) “Lokayukta” means a person appointed to be the Lokayukta under section 3;
7[(fa) “Maladministration” means action taken or purporting to have taken in exercise of administrative function in any case where,-
(i) such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or
(ii) there has been willful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involving undue delay;]
8[(g) “Minister” means a member (other than the Chief Minister) of the Council of Ministers, for the State of 9Telangana and includes a Deputy Chief Minister, a Minister, a Minister of State, a Deputy Minster or a Parliamentary Secretary;]
(h) “notification” means a notification published in the 9Telangana Gazette and the expression “notified” shall be construed accordingly;
10[(i) “Officer” means a person appointed to a public service in connection with the affairs of the State of 9Telangana;]
6. Clause (ea) inserted by Act No.11 of 2011.
7. Clause (fa) inserted by Act No.11 of 2011.
8. Substituted by Act No.1 of 2007.
9. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
10. Clause (i) substituted by Act No.11 of 2011.
4 [Act No.11 of 1983]
(j) “prescribed” means prescribed by rules made under this Act;
11(k) “public servant” means a person who is or was at any time,-
(i) Minister as referred to in clause (g);
(ii) Member of either House of the State Legislature including the Chief Whip;
(iii) Officer as referred to in clause (i);
(iv) 12[(1) Every Chair-person, Vice Chair-person and Members of Zilla Praja Parishad and every President and Members of Mandal Praja Parishad and Sarpanch, Upa- Sarpanch and Members of a Gram Panchayat, constituted by or under the 13Telangana Panchayat Raj Act, 1994;]
(2) every Mayor 14[every Deputy Mayor and elected members] of a Municipal Corporation constituted by or under the relevant law for the time being in force;
15[(3) Every Chair-person, Vice Chair-person and elected members of a Municipal Council constituted under the 16Telangana Municipalities Act, 1965;]
(v) every Chairman or President, by whatever name called of the Governing Body to which the management is
11. Clause (k) substituted by Act No.1 of 2007.
12. Substituted by Act No.11 of 2011.
13. Adapted by G.O.Ms.No.9, PR & RD (Mandal) Department, dated
12.09.2014 and this Act is repealed by Act No.5 of 2018.
14. Inserted by Act No.11 of 2011.
15. Substituted by Act No.11 of 2011.
16. Adapted by G.O.Ms.No.142, MA & UD (F2) Department, dated
29.10.2015.
Act No.13 of 1994.
Act 6 of 1965.
[Act No.11 of 1983] 5 entrusted and every director or member, if any, in respect of,-
(1) any local authority in the State of 17Telangana;
(2) any statutory body or Corporation (not being a local authority) established by or under 18[a State Act or a Central Act] and owned or controlled by the Government of 17Telangana 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;
(3) any Government company within the meaning of section 617 of the 19Companies Act, 1956 in which not less than 51 percent of its paid up share capital is held by the Government of 17Telangana or any Company which is a subsidiary of such company;
(4) any society registered under the 20Telangana Societies Registration Act, 2001 21[XXX];
22[(5) any Co-operative Society registered or deemed to be registered under the 23Telangana
17. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
18. Substituted for the words ‘‘a State Act” by Act No.11 of 2011.
19. Please see the relevant provisions of the Companies Act, 2013 (Central Act No.18 of 2013) wherein 1956 Act is repealed.
20. Adapted by G.O.Ms.No.20, Revenue (Regn.II) Department, dated
18.08.2014.
21. Omitted by Act No.31 of 2017 (w.e.f.30.10.2019 vide. Telangana Gazette Notification No.227-A, Part-I, Extraordinary, dated 30.10.2019).
22. Substituted by Act No.11 of 2011.
23. Adapted by G.O.Ms.No.53, Agriculture & Cooperation (Coop.II) Department, dated 20.05.2016.
Telangana Act 35 of
2001.
Central Act 1 of 1956.
Telangana Act 7 of
1964.
6 [Act No.11 of 1983] Co-operative Societies Act, 1964 and the 24Telangana Mutually Aided Co-operative Societies Act, 1995 having its area of operation in the State either whole or in part;]
(6) Member of a Committee or Board, statutory or non-statutory, constituted by the Government of 25Telangana;
(vi) every Vice-Chancellor and Registrar of a University in the State established by law made by the State Legislature;
(vii) Officer in the Service or pay of a local authority, University, Statutory Body or Corporation, Society or other institutions 26[as is referred to in sub-clauses (iv) to (vi)];]
27[(l) “Secretary” means a Secretary to the Government, and includes the Chief Secretary, Special Chief Secretary, Principal Secretary, an Additional Secretary and a Joint Secretary;]
(m) “Upa-Lokayukta” means a person appointed to be the Upa-Lokayukta under section 3.
3. 27[(1) For the purpose of conducting investigation in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the ‘Lokayukta’, and one or more persons as ‘Upa-Lokayukta’ or ‘Upa-Lokayuktas’:
24. Adapted by G.O.Ms.No.28, Agriculture and Cooperation (Coop.II) Department, dated 19.04.2016.
25. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
26. Added by Act No.11 of 2011.
27. Substituted by Act No.31 of 2017 (w.e.f.30.10.2019 vide. Telangana Gazette Notification No.227-A, Part-I, Extraordinary, dated 30.10.2019).
Appointment of Lokayukta and Upa-Lokayukta.
Telangana Act 30 of
1995.
[Act No.11 of 1983] 7
Provided that,- 28[(a) the person to be appointed as the Lokayukta shall be a Retired Chief Justice of a High Court or a Retired Judge of a High Court;]
(b) the person to be appointed as Upa-Lokayukta shall be a retired Judge of High Court or a retired District Judge;
(c) the Lokayukta or Upa-Lokayukta shall be appointed on the recommendation of Committee consisting of,-
(i) the Chief Minister of the State;
(ii) the Speaker of Legislative Assembly of the State;
(iii) the Leader of Opposition in the Legislative Assembly;
(iv) the Chairman of the Legislative Council;
(v) the Leader of Opposition in the Legislative Council.]
29[(2) (i) Every person appointed to be the Lokayukta shall, before entering upon his office, make and subscribe, before the Governor an oath or affirmation according to the form set out for the purpose in the First Schedule.
(ii) Every person appointed to be the Upa-Lokayukta shall, before entering upon his office, make and subscribe before the Governor or some person appointed in that
28. Substituted by Act No.5 of 2020.
29. Substituted by Act No.1 of 2001.
8 [Act No.11 of 1983] behalf by him, an oath or affirmation according to the form set out for the purpose in the First Schedule.]
(3) The Upa-Lokayukta shall function under the administrative control of the Lokayukta and in particular, for the purpose of convenient disposal of investigations under this Act, the Lokayukta may issue general or special directions, as he may consider necessary, to the Upa- Lokayukta:
Provided that nothing in this sub-section shall be construed to authorise the Lokayukta to question any decision, finding, or recommendation of the Upa-Lokayukta.