Madhya Pradesh Lok Aayukt evam Up Lok Aayukt Adhiniyam, 1981 tatha Uske Adheen Banaye Gaye Niyam

THE MADHYA PRADESH ACT NO. 37 of 1981 
 
(Received the assent of the President on the 16th September, 1981. Assent first 
published in the “ Madhya Pradesh Gazette (Extra- ordinary)” dated the 15th October, 
1981). 
 
 An Act to make provision for the appointment and functions of certain 
authorities for the enquiry into the allegation against “Public Servants.”1 and for 
matters connected there with. 
 
 Be it enacted by Madhya Pradesh Legislature in the Thirty – second year of the 
Republic of India as follows: - 
 
1. Short title, extent and commencement: – (1) This Act may be called the 

Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981. 
(1) It extends to the whole of the State of Madhya Pradesh. 
(2) It shall come into force on such date2 as the State Government may, by 

notification, appoint. 
 

2. Definitions: – In this Act, unless the context otherwise requires – 
(a)  “officer” means a person appointed to a public service or post in 

connection with the affairs of the State of Madhya Pradesh; 
(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 to any person; 
(ii) was actuated in the discharge of his functions as such public servant by 

improper or corrupt motives: 
(iii) is guilty of corruption; or 
(iv) is in possession of  pecuniary  resources or property disproportionate to his 

known source of income and such pecuniary resources or property is held 
by the public servant personally or by any member of his family or by 
some other person on his behalf. 
Explanation:– For the purpose of this sub-clause “ family” means 
husband, wife, sons and unmarried daughters living jointly with him; 

(c)      “ Up-Lokayukt ” means a   person appointed   as   a Up-Lokayukt under   
                        Section - 3; 

(d) “action” means action by way of prosecution or otherwise taken on the               
report  of the Lokayukt or the Up-Lokayukt and includes failure to act, and             
all  other expressions connecting action shall be construed accordingly; 

 
 

1 The words “ public servants” substituted for the words “certain high dignitaries and others vide the  
Madhya Pradesh Lokayukt Evam Up-Lokayukt (Sanshodhan) Adhiniyam, 1986. Published in M.P.    
Rajpatra dt. 9 Jan.1987 (p.91) 

2 This Act shall come into force from 14 th Feb. 1982, vide Notification No. F-E5 (6) – 198 –1-5 dt.  
                14 th Feb. 1982, published in M.P. Rajpatra (Asadharan) dt. 14-2-82, p. 161. 



(e)  “Minister” means a member of the Council of Ministers by whatever name 
called for the State of Madhya Pradesh, that is to say.(Chief Minister)1, 
Deputy Chief Minister, Minister, Minister of State, Deputy Minister and 
Parliamentary Secretary (….) 2,3 and shall include Neta Pratipaksha as defined 
in clause A of  section 2 of the Madhya Pradesh Vidhan Mandal Neta 
Pratipaksha ( Vetan Tatha Bhatta ) Adhiniyam, 1980 ( No. 8 of 1980)” 

(f) “Lokayukt” means a person appointed as the Lokayukt under section 3; 
(g) “Public servant” means a person falling under any of the following categories, 

namely :- 
(i)  Minister; 
(ii) a person having the rank of a Minister but shall not include Speaker and         

Deputy Speaker of the Madhya Pradesh Vidhan Sabha; 
(iii) an officer referred to in clause (a); 
(iv) 4[an officer of an Apex Society or Central Society within the meaning of    

clause (t-1) read with clauses (a-1) , (c-1) and (z) of section 2 of the Madhya       
Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961).” 

(v) 5[Any person holding any office in , or any employee of – 
(i) a Government Company within the meaning of section 617 of the  

Companies   Act, 1956; or 
(ii) a Corporation or Local Authority established by State Government 

under a Central or State enactment. 
(vi) 6(a) Up-Kulpati, Adhyacharya and Kul Sachiva of the Indira Kala Sangit  

Vishwavidyalaya constituted under section 3 of the Indira Kala Sangit 
Vishwavidyalaya Act, 1956 ( No. 19 of 1956); 

(b) Kulpati and Registrar of the Jawaharlal Nehru Krishi Vishwavidyalaya 
constituted under section 3 of the Jawaharlal Nehru Krishi Vishwavidyalaya 
Act, 1963 ( No. 12 of 1963); 

 
 

1 Word “Chief Minister” inserted by M.P.Amendment Act No.7 of 1982, published in 
M.P.Rajpatra ( Asadhran) dt. 27.3.82 pp. 426-428 

2 Omitted by ibid. 
3 Added by ibid 
4        Substituted for the words "an officer of an Apex Co-operative Society or District Co-

operative Society within the meaning of clause (u) of section 2 of the Madhya Pradesh 
Co-operative Societies Act, 1960 (No. 17 of 1961)" vide Madhya Pradesh Amendment 
Act No. 25 of 1998 , published in M.P. Rajpatra on 31.8.98 

5  Substituted for item ( v) of clause (g) of sec. 2 of the Principal Act vide the Madhya 
Pradesh Lokayukt Evam Up-Lokayukt Sanshodhan Adhiniyam, 1986, published in 
“Madhya Pradesh Rajpatra” dted 9 th January , 1987 ( p. 91) 
The original item (v) stood as under :- 
(i) a Chairman or member of Board of Directors of a Government Company within the 
meaning of section 617 of the Companies Act, 1956; 
(ii) President, Vice-President, Chairman, Vice-Chairman by whatever name called, 
General Manager and Secretary of a State Level Corporation established by or under a 
Central or State Act and having jurisdiction throughout the state;” 

6 Inserted by Madhya Pradesh Amendment Act No. 5 of 1985, published in Madhya 
Pradesh     Rajpatra (Asadharan) dated 26.4.1985 ( p.1016) 

 
 



Kulpati, Rector and Registrar of the Vishwavidyalay constituted under section 5 of the 
Madhya Pradesh Vishwavidyalay Adhiniyam, 1973 ( No. 22 of 1973).” 

(h) “Competent authority”. (i) in the case of a Minister or Secretary. – in relation to a 
public servant, means Chief Minister or during the period of operation of 
proclamation issued under Article 356 of the Constitution of India , the Governor; 
(ii) in the case of any other public servant. – Such authority, as may be              
     prescribed; 

            (iii)“Secretary” means the Chief Secretary, a Principal Secretary, an Additional        
Chief Secretary and a Secretary to Government of Madhya Pradesh and 
includes an Additional Secretary and a Special Secretary. 

3. Appointment of Lokayukt and Up-Lokayukt. – (1) For the purpose of 
conducting investigations 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 Lokayukt and one or more persons to be known as Up-Lokayukt. Provided 
that – 

(a) The Lokayukt shall be appointed after consultation with the 1Chief Justice of 
the High Court of M.P. and Leader of the Opposition in the Legislative 
Assembly, or if there be no such Leader , a person selected in this behalf by 
Members of the Opposition in that House in such manner as the Speaker 
may direct; 

(b)  Up-Lokayukt shall be appointed after consultation with Lokayukt, or                        
where a sitting Judge of a High Court is to be appointed, the Chief  Justice                      
of that High Court in which he is working, shall also be consulted.2 

(2) A person shall not be qualified for appointment as,- 3 
(a) Lokayukt unless he has been a Judge of the Supreme Court or 4or 

Chief Justice or Judge of any High Court in India. 
(b) Up-Lokayukt, unless he is or has been a Judge of any High Court in 

India or has held the Office of the Secretary to Government of India or 
has held any other post under Central or a State Government carrying a 
scale of pay 5which is not less than that of a Additional Secretary to 
Government of India. 

 
1 Words “Chief Justice of the High Court of Madhya Pradesh and” inserted by Madhya Pradesh 

Amendment Act no. 7 of 1982, published in “ Madhya Pradesh Rajpatra”(Asadharan) pages 
426-428. 

2  Substituted for clause (b) of the proviso to sub-section (1) of section 3 of the Principal Act 
vide the Madhya Pradesh Lokayukt Evam Up-Lokayukt (Sanshodhan) Adhiniyam, 1986 
published in “Madhya Pradesh Rajpatra” dated 9 January, 1987 ( p 91) , the original clause 
(b) being “ Up-Lokayukt shall be appointed after consultation with the Lokayukt.” 

3        Substituted for sub-section(2) of Sec. 3 of the Principal Act vide the Madhya Pradesh 
Lokayukt Evam Up-Lokayukt ( Sanshodhan ) Adhiniyam, 1986, published in “ Madhya 
Pradesh Rajpatra” dated 9 th Jan. 1987 ( p. 91). Substitution was made only for sub-clause (b) 
sub-section (2) of sec. 3 which stood as “ Up-Lokayukt, unless he has been a Judge of any 
High Court in India or has held the office of the Secretary to the Government of India or of 
Chief Secretary to any State Government. 

4        Substituted for the words "or the Chief Justice of any High Court in India" vide M.P. 
Amendment Act No.24 of 2003. 

5        Substituted for the words "which is not less than that of a secretary to Government of India" 
vide M.P. Amendment Act No.24 of 2003. 



 
(3) Every person appointed as Lokayukt or Up-Lokayukt shall before entering 

upon his office, make and subscribe before the Governor, or some person 
appointed in that behalf by him, an oath or affirmation in the form set out for 
the purpose in the first Schedule. 

(4) The Up-Lokayukt shall be subject to the administrative control of the 
Lokayukt and in particular, for the purpose of convenient disposal of 
investigations under this Act, the Lokayukt may issue such general or special 
directions as he may consider necessary to the Up-Lokayukt and may 
withdraw to himself or may 1“ subject to the provisions of section 7”, make 
over any case to Up-Lokayukt for disposal: 

Provided that, nothing in this sub-section shall be construed to authorise the 
Lokayukt to question any finding, conclusion, recommendation of Up-Lokayukt. 

 
4. Lokayukt or Up-Lokayukt to hold no other office – The Lokayukt or Up-

Lokayukt shall not be a member of Parliament or a member of the Legislature of 
any State and shall not hold any other office of trust or profit or be an officer of a 
Co-operative Society and shall not be connected with any political party or carry 
on any business or practice any profession, and accordingly before he enters upon 
his office, a person appointed as the Lokayukt or Up-Lokayukt as the case may 
be, shall – 
(a) if he is a member of Parliament or of the Legislature of any State , resign 

such membership; or 
(b) if he holds any office of trust or profit, resign from such office; or 
(c) if he is connected with  any political party, sever his connection with it; or 
(d) if he is carrying on any business, sever his connection (short of divesting 

himself of ownership) with  the conduct and management of such 
business; or 

(e) if he is practising any profession, suspend practice of such profession. 
5 Term of office and other conditions of service of Lokayukt and Up-

Lokayukt- 
(1) Every person appointed as Lokayukt or Up-Lokayukt shall hold office for a 

term of [six years]2 from the date on which he enters upon his office and shall 
not be eligible for re-appointment thereafter : 
Provided that: 
(a) Lokayukt or Up-Lokayukt may, by writing under his hand addressed 

to the Governor, resign his office and such resignation shall be 
effective as soon as it is tendered; 

(b) Lokayukt or Up-Lokayukt may be removed from office in the manner 
specified in section 6. 

 
 
 

1 Inserted by Amendment Act. No. 7 of 1982, published in “Madhya Pradesh Rajpatra” 
(Asadharan dt. 28.7.1982) ( pp. 426-428). 

2 Substituted for the words “five years” vide M.P. Amendment Act No.25  of 1998 published in 
the Rajpatra on 31.8.98 . 



(2) 1In the event of occurrence of any vacancy in the office of the Lokayukt by 
reason of his death, resignation, removal or for any other reason the Up-
Lokayukt or if there are more than one then such one of them as the Governor 
may, by order, direct, shall notwithstanding anything contained in clause (a) 
of sub-section (2) of section 3, act as Lokayukt until the date a new Lokayukt 
appointed in accordance with the provisions of this Act to fill such vacancy 
enters upon his office. 

 
   (2–A)   When the Lokayukt is unable to discharge his function owing to absence, 

illness or any other cause, the Up-Lokayukt or if there are more than one then 
such one of them as the Governor may, by order, direct, shall notwithstanding 
anything contained in clause (a) of sub-section (2) of Section 3, discharge his 
functions until the date the Lokayukt resumes his duties. 

 
  (2–B) The Up-Lokayukt, shall, during and in respect of the period while he is so                   

acting as or discharging the functions of Lokayukt, have all powers and 
immunities of the Lokayukt and be entitled to salary, allowances and 
perquisites as are specified in the Second Schedule in relation to Lokayukt. 

 
(2-C) A vacancy occurring in the office of the Lokayukt or an Up-Lokayukt by                   

reason of his death, resignation or removal shall be filled in as soon as                      
possible but not later than one year from the date of occurrence of such                  
vacancy”. 

 
(3) On ceasing to hold office, Lokayukt or Up-Lokayukt shall be ineligible for 

further employment (whether as Lokayukt or Up-Lokayukt or in any other 
capacity) under the Government of Madhya Pradesh or for any employment 
under or office in any such Co-operative Society, Government Company or 
Corporation2 “under the administrative control of the Govt. of Madhya 
Pradesh” as is referred to in sub-clause (iv) and (v) of clause (g) of section - 2. 

 
 
 
 
 

1 Substituted for sub-section (2) of Section 5 of the Principal Act. vide the Madhya Pradesh 
Lokayukt Evam Up-Lokayukt (Sanshodhan) Adhiniyam, 1986 Published in “Madhya Pradesh 
Rajpatra” dated 9 th January, 1987 (p/92). The original sub-section (2) Sec. 5 was “ (2) If the 
office of Lokayukt temporarily fall vacant by reason of absence or because he is unable to perform 
the duties of his office, Up-Loayukt , or if there are more than one then such one of them as the 
Governor may , by order, direct, shall officiate as Lokayukt and perform the duties of office till the 
Lokayukt resumes back his duty : 

           Provided that a vacancy occurring in the office of the Lokayukt Up-Lokayukt shall be filled in as 
possible but not later than six months from the date of occurrence of such vacancy .” 

2 Words “under the Administrative Control of Government of Madhya Pradesh” inserted vide 
Madhya Pradesh Amendment Act. No. 7 of 1982, published in Madhya Pradesh Rajpatra               
(Asadharan) dated 27.3.82 ( pp. 426-428). 

 



(4) 3The salary, allowances, pension and other perquisites payable to and other 
conditions of service of Lokayukta shall be the same as admissible to him before 
his appointment as contained in the Supreme Court Judges (Conditions of 
Service) Act, 1958 (No.41 of 1958), or the High Court Judges (Conditions of 
Service) Act, 1954 (No.28 of 1954) and the rules made under the aforesaid Acts 
as the case may be:- 

(5) The salary, allowances, pension and other perquisites payable to and other 
conditions of service of Up-Lokayukt shall be the same as admissible to a sitting 
Judge of a High Court as contained in the High Court Judges (Conditions of 
Service) Act, 1954 (No. 28 of 1954) and rules made there under: 
Provided that, if the Lokayukt or an Up-Lokayukt at the time of his appointment 
is in receipt of a pension (other than a disability or wound pension) in respect of 
any previous service, his salary in respect of service as the Lokayukt or as the 
case may be, Up-Lokayukt shall be reduced – 
(a) by the amount of that pension ; and 
(b) if he has, before such appointment received in lieu of a portion of the pension 

due to him in respect of such previous service the commuted value thereof by 
the amount of that portion of the pension. 

6.      Removal of Lokayukt:–  
(1) The Lokayukt shall not be removed from his office except by an order of the 

Governor passed after an address by the Madhya Pradesh Legislative 
Assembly supported by a majority of the total membership of the Legislative 
Assembly and by a majority of not less than two thirds of the members thereof 
present and voting has been presented to the Governor in the same session for 
such removal on ground of proved misbehaviour or incapacity. 

(2) The procedure for the presentation of an address and for the investigation and 
proof, of the misbehaviour or incapacity of the Lokayukt under sub section (1) 
shall be as provided in the Judges (Inquiry) Act, 1968 (No. 51 of 1968), in 
relation to the removal of a Judge and accordingly, the provisions of the Act 
shall, subject to necessary modifications apply in relation to the removal of 
the Lokayukt as they apply in relation to the removal of Judge. 

 
3 Substituted for the following Section (4) and (5) of the Principal Act vide Amendment Act No. 25 

of 1998 published in the Rajpatra on 31.8.1998.  The substitution shall be deemed to have been 
made with effect from 1st January 1996. 

 (4) There shall be paid to Lokayukt and Up-Lokayukt such salaries as are specified in the Second 
Schedule. 

 (5) The allowances and pension payable to, and other conditions of service of Lokayukt or Up-
Lokayukt shall be such as made be prescribed: 

 Provided that:- 
(a) in prescribing the allowances and pension payable to and other conditions of service of 

Lokayukt, regard shall be had to the allowances and pensions payable to, and other conditions 
of service of Judge of the Supreme Court or Chief Justice of a High Court. 

(b) in prescribing the allowances and pension payable to and other conditions of service of Up-
Lokayukt, regard shall be had to the allowances and pensions payable to, and other conditions 
of service of a Judge of a High Court or Secretary to the Government of India or the Chief 
Secretary to a State Government. 

 Provided further that, the allowances and pension payable to, and other conditions of service of 
Lokayukt or Up-Lokayukt shall not be varied to his disadvantage after his appointment." 



 
 7.1 Matters which may be enquired into by Lokayukt or Up-Lokayukt: – 
Subject to the provision of this Act, on receiving complaint or other information:- 
 
(i) the Lokayukt may proceed to enquire into an allegation made against a public 

servant in relation to whom the Chief Minister is the competent authority. 
 
(ii) the Up-Lokayukt may proceed to enquire into an allegation made against any   

public, servant other than referred’ to in clause (i) 
 
Provided that the Lokayukt may enquire into an allegation made against any 
public servant referred to in clause (ii). 
 
2Explanation:– For the purpose of this section the expressions “may proceed to 
enquire”, AND “May enquire,” include investigation by Police agency put at the 
disposal of Lokayukt and  Up-Lokayukt  in pursuance of sub-section (3) of 
section 13. 
 
8. Matter not subject to enquiry:– The Lokayukt or an Up-Lokayukt shall 
not inquire into any matter :- 

 
(a) in respect of which a formal and public inquiry has been ordered under the 
 Public Servants Inquiries Act, 1950 ( No. 37 of 1950) : 
(b) Which has been referred for inquiry under the Commission of Inquiry Act,    
            1952 (No. 60 of 1952) : or 
(c ) relating to an allegation against a public servant , if the complaint is made      

after expiration of a period of five years from the date on which the            
conduct complained against is alleged to have been committed. 

 
 
 
 
 
 
1 Substituted vide Madhya Pradesh Amendment Act. No. 7 of 1982 published in “Madhya              

Pradesh Rajpatra” (Asadharan) dated 27.3.82 (pp. 426-428). Before substitution, Sec. 7 
stood as under :- 

              
7 (1) Subject to the other provisions of the Act, on receiving complaint or other                 
information. Lokayukt may proceed to enquire into an allegation made against a public                
sevant. 

              
(2)Subject to the general direction and control of the Lokayukt, the Up-Lokayukt shall             
enquire into allegations against the officers and the remaining matters shall fall within the              
jurisdiction of Lokayukta. 

 
2 Explanation to sec. 7 inserted vide Madhya Pradesh Lokayukt Evam Up-Lokayukt 

(Dwitiya Sanshodhan) Adhiniyam, 1984, published in “Madhya Pradesh                
Rajpatra”(Asadharan) dated 16.5.1984 ( p. 1536). 



 
 

  9. Provisions relating to complaints :- 
(1) Every complaint involving an allegation shall be made in such form as may 

be prescribed and shall be accompanied by a deposit of 25 rupees. The 
complainant shall also swear in affidavit in such form as may be prescribed 
before the Lokayukt or any officer authorised by the Lokayukt in this behalf. 

 
                 1“Provided that, in the case of a complaint against a public servant in     

          relation  to whom the Chief Minister is not the competent authority,  
neither the deposit  nor affidavit shall be necessary ; 

 
         Provided further that, if in the opinion of the Lokayukt or the Up-

Lokayukt, it is necessary to have the deposit as well as the affidavit, he 
may direct that the complainant shall also make the deposit of twenty five 
rupees and submit an affidavit in the prescribed form before him or any 
officer authorised by him.” 

 
(1-a) 2 Notwithstanding anything contained in this Act or any other law enacted 

by the State Legislature for the time being in force, any letter written to 
the Lokayukt by a person in police custody or in a Jail or in any asylum or 
other place for insane person, shall be forwarded to the Lokayukt 
unopened and without delay by the Police Officer or person in charge of 
such Jail, asylum or other place and the Lokayukt may, if satisfied that it is 
necessary so to do, treat such letter as a complaint made in accordance 
with the provisions of sub-section (1).” 

 
 

(2) Notwithstanding anything contained in section 10 or any other provision 
of the Act every person who wilfully or maliciously makes any false                  
complaint under this Act, shall, on conviction be punished with rigorous              
imprisonment which may extend to two years or with fine which may               
extend to five thousand rupees or with both and the court may order that               
out of the amount of fine such sum as it may deem fit be paid by way of              
compensation to the person against whom such complaint was made; 

 
 
 
 
 
 

1 Inserted by Amendment Act No. 7 of 1982, published in “Madhya Pradesh Rajpatra” (Asadharan)       
              dated 27.3.82 ( pp. 426-428) 
 
2 Inserted vide Amendment Act No. 25 of 1998, published in “Madhya Pradesh Rajpatra”          
              (Asadharan)   dated 31.8.1998. 



1Provided that no court shall take cognisance of an offence punishable 
under this section except on a complaint made by or under the authority of 
the Lokayukt or Up-Lokayukt, as the case may be; 
Provided further that the complaint made under the signature and seal of 
Lokyukt and Up-Lokayukt shall be deemed as formally proved and the 
evidence of Lokayukt and Up-Lokayukt shall not be necessary for the 
purpose. 

 
10. Procedure in respect of enquiry :- The Lokayukt or Up-Lokayukt shall, in each 

case before it decide the procedure to be followed for making the enquiry2 and in 
so doing ensure that the principles of natural justice are satisfied. 

 
11. Applicability of Evidence Act and Code of Criminal Procedure :- 

(1) The general principles of powers conferred by Evidence Act, 1872, (No. 1 of 
1872), and Criminal Procedure Code, 1973 (No.2 of 1974) shall as nearly as 
may apply to the procedure of enquiry before Lokayukt or Up-Lokayukt in the 
matter of – 

(a) Summoning and enforcing the attendance of any person and 
his examination on oath. 

(b) requiring the discovery and production of documents and 
proof there of. 

(c) receiving evidence on affidavits : 
(d) requisitioning any public record or copy thereof from any 

court or office : 
(e) issuing commission for examination of witness or 

documents, and such other matters as may be prescribed : 
Provided that no proceeding before the Lokayukt or Up-Lokayukt shall be 
invalidated only on account of want of formal proof if the principles of natural 
justice are satisfied. 
 
3Provided further that where it is necessary to summon any Government 
servant in his official capacity, his statement on affidavit shall be deemed to 
be sufficient as evidence. 

 
(2) Any proceeding before the Lokayukt or Up-Lokayukt shall be deemed to be a 

judicial proceeding within the meaning of section 1934 and section 228 of the 
Indian Penal Code, 1860 (No. 45 of 1860). 

 
(3) The Lokayukt or the Up-Lokayukt shall be deemed to be court within the 

meaning of Contempt of Court Act, 1971 (No. LXX of 1971). 
 

1 Inserted by Amendment Act No. 7 of 1982, published in “Madhya Pradesh Rajpatra” (Asadharan)       
              dated 27.3.82 ( pp. 426-428) 
2 Substituted ibid. The substitution was only to the extent that the words” and in so doing  

ensure “ were substituted for the word “provided”. 
3 Inserted by Amendment Act No.24 of 2003. 
4. Words “and section 228” inserted vide Amendment Act No. 7 0f 1982. 
 



 
12. Report of Lokayukt and Up-Lokayukt :- 
 

(1) If, after enquiry into the allegations, the Lokayukt or an Up-Lokayukt is 
satisfied that such allegation is established, he shall , by report in writing, 
communicate his findings and recommendation along with the relevant 
documents, materials and other evidence to the competent authority. 

 
(2) The competent authority shall examine the report forwarded to it under 

sub-section (3) and intimate, within three months of the date of receipt of 
the report, the Lokayukt or, as the case may be , the Up-Lokayukt, the 
action taken or proposed to be taken on the basis of the report. 

 
(3) If the Lokayukt or Up-Lokayukt is satisfied with the action taken or 

proposed to be taken on his recommendations, he shall close the case 
under information to the complainant, the public servant and the 
competent authority concerned. In any other case, if he considers that the 
case so deserves, he may make a special report upon the case to the 
Governor and also inform the complainant concerned. 

 
 
(4) The Lokayukt and the Up-Lokayukt shall present annually a consolidated 

report on the performance of their functions under this Act, to the 
Governor. 

 
(5) If in any special report under sub-section (3) or the annual report under 

sub-section (4) any adverse comment is made against any public servant, 
such report shall also contain the substance of the defence adduced by 
such public servant and the comment made thereon by or on behalf of the 
State Government or department concerned of the State Government or 
the public authority concerned, as the case may be. 

 
 
(6) On receipt of a special report under sub-section (3), or the annual report 

under sub-section (4), the Governor shall cause a copy there of together 
with an explanatory memorandum to be laid  before the State Legislative 
Assembly. 

 
(7) Subject to the provisions of section 10, the Lokayukt may at his discretion 

make available from time to time, the substance of cases closed or 
otherwise disposed of by him or by an Up-Lokayukt, which may appear to 
him to be of general public, academic or professional interest, in such 
manner and to such persons as he may deem appropriate. 

 
 
 



12-A Reports in respect of complaint against the Chief Minister or Neta            
Prati Paksha:- 
(1) The Lokayukt shall send his report in respect of a complaint against the 

Chief Minister or the Neta Prati paksha with his recommendations to the 
Governor who shall take such action as he may deem fit or expedient on 
the report. 

(2) The report of the Lokayukt and the order passed by the Governor shall be 
laid on the table of the Legislative Assembly. 

 
13. Staff of Lokayukt and Up-Lokayukt:- 

(1) The Lokayukt may appoint or authorise an Up-Lokayukt or any officer 
subordinate to the Lokayukt or an Up-Lokayukt to appoint officers and 
other employees to assist the Lokayukt and the Up-Lokayukt in the 
discharge of their functions under this Act. 

(2) The categories of officers and employees who may be appointed under 
sub-section (1) , their salaries , allowances and other conditions of service 
and the administrative powers of the Lokayukt and the Up-Lokayukt shall 
be such as may be prescribed, after consultation with the Lokayukt. 

(3) Without prejudice to the provisions of sub-section (1) the Lokayukt or an 
Up-Lokayukt may, for the purpose of conducting enquiries under this Act, 
utilize the service of :- 
1(i) [Divisional Vigilance Committee] constituted under Section 13-A. 
(ii)  any officer or investigation agency of the State or Central 

Government,   with the concurrence of that Government, or 
(iii) any other person or agency. 

(4)  The services of officers and employees, other than those appointed by the 
Lokayukt under sub-section (1) shall not be taken back before the expiry 
of the period of deputation by the concerned department without prior 
concurrence of the Lokayukt. 
 

213-A 3[Divisional Vigilance Committee] 
     (1) The State Government may, by notification in the official Gazette constitute a 

4[Divisional Vigilance Committee] for each division consisting of three members 
out of whom one shall be retired Judicial Officer not below the rank of a Civil 
Judge Class-I or a retired executive officer having experience of court’s working 
not below the rank of a class-I Officer of the State Government. 

 
1 Substituted for the words "District Vigilance Committee" vide Amendment Act No. 24 of 2003. 
2 Section 13-A inserted vide Amendment Act No. 20 of 1994. Section 13-A (1) substituted vide  
              Amendment No. 2 of 1995. Before Substitution 13-A (1) stood as under :- 

13-A (1) The State Government may, by notification in the Official Gazette constitute a District       
Vigilance Committee for each District consisting of the following three members :- 
(a) Two non-official members and 
(b) A retired Judicial Officer not below the rank of a  Civil Judge Class – I or a retired 

Gazetted Officer of the State Government. 
.3 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003. 
4 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003. 



(2) One of the members shall be the Chairperson of the committee.  The Chairperson 
and the members shall be appointed by the State Government 1[on the 
recommendation of] Lokayukt. 
 

(3) 2 Every member of the 3[Divisional Vigilance Committee shall hold office for a 
term of 3 years and shall be eligible for re-appointment for another term not 
exceeding three years. However no member shall hold office as such after he has 
attained the age of 70 years: 
Provided that the Chairperson or a member may resign his office before expiry of 
his term by sending a letter to the Lokayukt: 
Provided further that the chairperson or a member may be removed by State 
Government, on grounds of misconduct of physical or mental incapacity for 
discharging duties of the office, on the recommendations of the Lokayukt. 

 
(3-A) The minimum age for appointment as a member shall be thirty five years.] 
 

(4) The State Government may authorise a 4[Divisional Vigilance Committee] to 
have jurisdiction over another division also for which no separate Committee is 
constituted. 
 

(5) A 5[Divisional Vigilance Committee] shall enquire into a complaint referred to it 
by the Lokayukt or the Up-Lokayukt and submit a report to the Lokayukt or the 
Up-Lokayukt, as the case may be. 
 

(6) In holding the enquiry, the Committee shall ensure that the principles of natural 
justice are observed. The Committee shall have the powers under the Code of 
Criminal Procedure, 1973 (2 of 1974) in respect of the following matters:- 
(a) Summoning and enforcing the attendance of any person and his 

examination on oath. 
(b) Requiring the discovery and production of documents and proof thereof. 
(c) Receiving evidence on affidavits. 
(d) Requisitioning any public record or copy thereof from any court or office. 
(e) Issuing commission for examination of witness or documents and such 

other matters as may be prescribed. 
 

1 The words “ On recommendation of” Substituted for the words  “in Consultation with” vide               
Amendment Act No.2 of 1995. 

2 Substituted for sub-section (3) of Section 13-A vide M.P .Amendment Act 25 of 1998 Published 
in the Rajpatra on 31.8.1998. 

 "(3) Every member of the District Vigilance Committee shall hold office for a term of 3 years 
or upto the age of 70 years, whichever is earlier.  However, the minimum age for 
appointment as a member shall be thirty five years. 

 Provided further that the Chairperson or a member can resign his office before expiry of the term 
by sending letter to the Lokayukt. 

 Provided further that the Chairperson or a member may be removed by the State Government on 
the ground of misconduct on the recommendation of the Lokayukt. 

3 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003. 
4 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003. 
5 Substituted for the words "District Vigilance Committee" vide Amendment Act No.24 of 2003. 



  
 
(7) Subject to foregoing provisions the procedure relating to conduct of meetings of 

the Committee, its place of sitting and other allied matters, shall be such as may 
be prescribed by the State Government in consultation with the Lokayukt. 
 

(8) The Committee shall discharge the functions under the administrative control of 
the Lokayukt who may issue such general or special directions as he may think fit 
for smooth and efficient functioning of the committees. 
 

14. Secrecy of Information:- 
(1) Any information obtained by the Lokayukt or the Up-Lokayukt or 

members of their staff in the course of or for the purpose of any 
investigation under this Act, and any evidence recorded or collected in 
connection with such information shall be treated as confidential and 
notwithstanding anything contained in the Indian Evidence Act, 1872, no 
Court shall be entitled to compel the Lokayukt or an Up-Lokayukt or any 
public servant to give evidence relating to such information or produce the 
evidence so reported or collected. 

 
(2) Nothing in sub-section (1) shall apply to the disclosure of any information 

or particulars:- 
(f) for purposes of the enquiry or in any report to be made there on or for 

any action or proceedings to be taken on such report : or 
 
(g) for purposes of any proceeding for an offence under the Official 

Secrets Act, 1923 (No. 19 of 1923), or any offence of giving or 
fabricating false evidence under the Indian Penal Code or for purpose 
of any proceedings under Section 15 : or 

 
(h) for such other purposes as may be prescribed . 

 
(3) An officer or other authority prescribed in this behalf may give notice in 

writing to the Lokayukt or an Up-Lokayukt, as the case may be, with 
respect to any document or information of that class of documents so 
specified that in the opinion of the State Government the disclosure of the 
documents or information, of that class would be contrary to public 
interest and where such a notice is given, nothing in this Act, shall be 
construed as authorising or requiring the Lokayukt, Up-Lokayukt or any 
member of their staff to communicate to any person any document or 
information specified in the notice or any document or information of a 
class so specified. 

 
15. Protection:- No suit, prosecution or other legal proceeding shall lie against the     

Lokayukt or the Up-Lokayukt or against any officer, employee, agency or person       
referred to in section 13 in respect of anything which is in good faith done or 
intended to be done under this Act. 



16. Lokayukt to make suggestions:- The Lokayukt, if in the discharge of his              
function under this Act, notices a practice or procedure which in his opinion               
affords an opportunity for corruption or mal-administration, he may bring to the              
notice of the Government and may suggest such improvement in the said practice            
or procedure as he may deem fit. 

 
17. Power to make rules:- 

(1) The Governor may, by notification, make rules for the purpose of carrying 
into effect the provisions of this Act. 

(2) In particular and without prejudice to the generality of powers in sub-
section (1), the State Government in consultation with the Lokayukt may 
by rules provide for the mode and manner of selection of Chairperson and 
Members of the 1[Divisional Vigilance Committee], their honorarium and 
other allowances, conditions of service, staff of the Committee and allied 
matters. 

(3) All rules made under this section shall be laid on the table of the 
Legislative Assembly. 

 
18. Removal of doubts:- For the removal of doubts it is here by declared that nothing 

in this Act shall be construed to authorise the Lokayukt or an Up- Lokayukt to 
enquire into an allegation against :- 

 
a. any member of the Judicial Service who is  under the administrative 

control of the High Court under Article 235 of the constitution of 
India. 

b. the Chairman or a member of the Madhya Pradesh State Public 
Service Commission. 

 
19. Saving :- The provision of this Act shall be in addition to the provisions of any            

other enactment or any rule of law under which any remedy by way of appeal,                 
revision, review or in any other manner is available to a person making a            
complaint under this Act in respect of any action, and nothing in this Act shall             
limit or affect the right of such person to avail of such remedy. 

 
20. Transfer of complaints pending before Vigilance Commissioner and                

prohibition to entertain complaints disposed of prior to commencement of              
this Act. 

 
(1) All complaints pending before the Vigilance Commissioner immediately 

before the commencement of this Act, shall , on such commencement, 
stand transferred to the Lokayukt or Up-Lokayukt, as the case may be, and 
shall thereupon be disposed of by the Lokayukt or Up-Lokayukt as if they 
were complaints entertained by him under this Act. 

 
1 Substituted for the words "District Vigilance Committee" vide Amendment Act No. 24 of 2003. 

 



(2) No complaint disposed of by the Vigilance Commissioner, prior to the 
commencement of this Act, shall be entertained by the Lokayukt or Up-
Lokayukt under this Act. 
Provided that the Lokayukt or Up-Lokayukt, as the case may be, may, if 
he considers it necessary to do so to meet the ends of justice, enquire into 
any complaint finally disposed of by Vigilance Commissioner within a 
period of two years prior to the commencement of this Act. 

 
 
 

* * * * * * * 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



 
 

FORM – 1 
(See Rule 6) 

Before the Lokayukt of Madhya Pradesh 
Complainant…………………………………..A..B.……………………S/o…………….. 
……………………..….. ( Add description of profession, residence etc.) 
 
In the matter of Allegation against XY ………………….... S/o …………………………. 
holding the office of …………………………. at ………………………………………… 
The above named complainant is satisfied that the aforesaid 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 to any person , and / or  

(ii) was actuated in the discharge of his functions as such public servant by 
improper or corrupt motives, and / or 

(iii) is guilty of corruption, and/or 
(iv) is in possession of pecuniary resources or property disproportionate to his 

known source of income and such pecuniary resources or property is held 
by the public servant personally or by any member of his family or by 
some other person on his behalf . 
 
(Strike out the clause or clauses not relevant to the complaint) 
 
To support the allegations the applicant relies on the following facts and is 
also filling an affidavit :- 

  (1)  
  (2) 
  (3) 
  (4) 
  The applicant is prepared to swear an affidavit again before the Lokayukt, 
if so desired. The necessary deposit of Rs. …….. has been made, by affixing judicial 
stamps of that value on the complaint . 
 

Prayer 
 It is, therefore, prayed that an enquiry be made against the said public servant.  
 
                  …………………………. 

       Signature of applicant 
 

Verification 
I …………………. S/o …………………. R/o   ……………. hereby verify that 
the facts stated by me in paras ……. to  …… in the complaint are true to my 
personal knowledge and/ or are based on information  received from ……………. 
( give the name ) and / or documents , and believed to be true. 
 



                                                                                                    Signature of applicant 
FORM – 1 

(See Rule 6) 
Before the Lokayukt of Madhya Pradesh 

Complainant…………………………………..A..B.……………………S/o…………….. 
……………………..…..( Add description of profession, residence etc. ) 
 
In the matter of Allegation against XY ………………….... S/o …………………………. 
holding the office of …………………………. at ………………………………………… 
The above named complainant is satisfied that the aforesaid public servant :– 
 

(j) has abused his position as such to obtain any gain or favour to himself or to 
any other person or to cause undue harm to any person , and / or  

 
(ii) was actuated in the discharge of his functions as 

such public servant by improper or corrupt motives, and / or 
 
(iii) is guilty of corruption, and/or 

 
 
(iv) is in possession of pecuniary resources or property 

disproportionate to his known source of income and such pecuniary resources 
or property is held by the public servant personally or by any member of his 
family or by some other person on his behalf . 

 
(Strike out the clause or clauses not relevant to the complaint) 
 
To support the allegations the applicant relies on the following facts and is 
also filling an affidavit :- 

  (1)  
  (2) 
  (3) 
  (4) 

Prayer 
 It is, therefore, prayed that an enquiry be made against the said public servant.  
 
                  …………………………. 

       Signature of applicant 
 

Verification 
I …………………. S/o …………………. R/o   ……………. hereby verify that 
the facts stated by me in paras ……. to  …… in the complaint are true to my 
personal knowledge and/ or are based on information  received from ……………. 
( give the name ) and / or documents , and believed to be true. 
 



                                                                                                    Signature of applicant 
 

FORM – II 
(See  Rule 6) 

 
Form of Affidavit 

 
I, …………… son of Shri ……………….. age …….. Profession……………. 
resident of …………. P.S. …………. District ……… at present at ………..P.S. 
………..District ………… do hereby solemnly affirm and state  as follows :- 
 

(1) That I am the complainant in this case, 
(2) That the statements of this complaint petition have been read by / read 

over to me and understood / heard by me and that they are true to the 
best of my knowledge and belief, 

(3) That the fact stated by me in paras …. to …. are true to the best of  my 
knowledge and facts stated in paras …..to ….. are true to my belief 
and derived from the information given to me by Shri ………/ 
document which, I believe to be true. 

 
Date ………..    
 
   …………………………………………….. 
   Signature or thumb mark of the deponent. 
 
 

Identification 
 
I,……………. identify the signature / thumb mark of Shri ……… who 
has signed / has given thumb mark on this affidavit in my presence. 
 
       …………………… 
 
   Signature and address of the identifier with date 

 
    Affidavit sworn before me ………………. 
 
       Designation of the authority  
      before whom affidavit is sworn. 
 
 
Date …….. 
Palce …….