LexThe ARUNACHAL PRADESH LOKAYUKTA ACT, 2014 (Act no. 7 of 2014) as amended in 2019
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this act~~...._ '-'1 0 ~ /=- 0 ~ 11''''' >, THE ARUNACHAL PRADESH LOKAYUKTA ACT, 2014 (Act no. 7 of 2014)
(Received the assent of the Governor on is" May, 2014 and notified in AP Gazette no 83 Vol XXI dtd 24th May 2014 and
last amended in 2019 (Act no 9 of 2019)and received the assent of Governor on 23'd October 2019 and notified in AP
Gazette No 3403 Vol XXVI Dtd 24th October 2019)
An Act to provide for establishment of body of Lokayukta for the State of Arunachal
Pradesh to inquire into allegations of corruptions 'against certain public functionaries and
matters connected therewith and incidental thereto:
BE it enacted by the Legislature of the State of Arunachal Pradesh in the Sixty-fifth
Year of the Republic of India, as follows:
CHAPTER -I
PRELIMINARY
1. (1) This Act may be called the Arunachal Pradesh Lokayukta Act, 2014.
(2) It extends to the whole of the State of Arunachal Pradesh.
1[(3) (deleted))
l[deleted by s.2 of 2019 Act.]
(4) It shall come into force on such date 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', in relation to
(i) the Chief Minister, means the Legislative Assembly of the State;
(ii) the member of the Council of Ministers, means the Chief Minister;
(iii) the member of Sate Legislative Assembly other than a Minister,
means the Speaker of the Legislative Assembly;
2[(iv) an officer in any Department of the Government, means the
Chief Minister];
2[deleted by s.3 of 2019 Act.]
(v) a Chairperson or member of any Body or Board or corporation or
Local authority or company or society or autonomous Body (by
whatever name called) established or constituted under any Act of the
Legislature of the State or wholly or partly financed by the
Government or controlled by it, means the Minister-in- charge of the
Department of such Body or Board or corporation or authority or
company or society or autonomous body.
Provided that if such Chairperson or member is also the
member of the State Legislative Assembly, then the competent
authority shall be the Speaker of the Legislative Assembly;
(vi) an officer of any Body or Board or corporation or Local authority or
company or society or autonomous body (by whatever name called)
established or constituted under any Act of the Legislature of the State
or wholly or partly financed by the Government or controlled by it,
means the head of such Body or Board or corporation or authority or
company or society or autonomous body; and
(vii) any other case not falling under sub clauses (i) to (vi) above,
means such Department or authority as the Government may, by
notification, specify;
(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 of Act, 1988;
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(e) 'Government" means the Government of Arunachal Pradesh;
3[(f) ... deleted] :;
3[(g) .. deleted]
3[deleted by 5.4 of 2019 Act.]
(h) "Lokayukta" means the body established under section 3; (i) "Member"
means the member of the Lokayukta;
(j) 'Minister' means Minister of the Government but does not include the
Chief Minister;
(k) "notification' means notification published in the Official Gazette and the
expression notify shall be construed accordingly
(I) "preliminary inquiry' means an inquiry conducted under this Act;
(m) 'prescribed" means prescribed by rules;
(n) "public servant" means a person referred to in clauses (a) to (h) of sub
section (1) of section 14 but does not include a public servant in respect of
whom the jurisdiction is exercisable by any court or other authority under
the Army Act, 1950, the Air Force Act, 1950, the Navy Act,1957 and the Coast
Guard Act, 1978 or the procedure is applicable to such public servant under
those Acts;
(0) 'regulations' means regulations made under this Act;
(p) "rules" means rules made under this Act and
(q) 'Special Court'means the court of a Special Judge appointed under sub
section (1) of section 3 of the Prevention of Corruption Act, 1988.
(2) The words and expressions used herein and not defined in this Act but
defined in the Prevention of Corruption Act, 1988 and in the Code of
Criminal Procedure,1973, shall have the meanings respectively assigned to
them in those Acts.
CHAPTER. II
ESTABLISHMENT OF LOKAYUKTA
3. (1) After the commencement of this Act, the Government shall, by notification,
establish, for the purpose of this Act, a body called the Lokayukta for the
State of Arunachal Pradesh.
(2) The Lokayukta shall consist of:
(a) a Chairperson, who is or has been a Judge of the Supreme Court or who is
or has been Chief Justice or judge of High Court and of impeccable integrity
and outstanding ability or an eminent person who fulfils the eligibility
specified in clause (b) of sub-section (3) ; and
4°[(b) One non-judicial APST member preferably woman.]
"I ].substituted by s.5(i) of 2019 Act
4b[(C) deleted]
4C[(d) deleted: ]
4b,4c[ ].deleted by s.5(ii) of 2019 Act
(3) A person shall be eligible to be appointed,
4d[(a) ..• detetea.]
4d[ ].deleted by 5.5(2) of 2019 Act.
(b) as 6{the} Member 5{ .. deleted,} if he is a person of impeccable integrity
end outstanding ability having special knowledge and expertise of not less
than twenty years in the matters relating to public administration, finance
including insurance and banking, law anti-corruption policy or management.
(4) The Chairperson or 6[the] Member shall not be-
(a) the member of Parliament or the member of the Legislature of any State
or Union Territory;
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{b} a person convicted of any offence involving moral turpitude;
(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} the member of any Panchayat or Municipality;
{e} a person who has been removed or dismissed from service of the Union
or a State; or
5[ J.deleted by s.5(3) of 2019 Act.
6[].substituted by s.6 of 2019 Act
(f) a person holding any office of trust or profit {other than his office as the
Chairperson or the member} or person connected with any political party or
carryon any business or practise any profession, and accordingly, before he
enters upon his office, as the Chairperson or the member, as the case may
be, shall, if
(i) he holds any office of trust or profit, resign from such office; or
{ii} he is carrying on any business, sever his connection with the conduct and
management of such business; or
(iii) he is practicing any profession, cease to practice such profession.
Appointment of Chairperson and member on recommendations of Selection
Committee:
4. {l} The Chairperson and member shall be appointed by the Governor by warrant
under his hand and seal after obtaining the recommendations of a Selection
Committee consisting of
{a} the Chief Minister--Chairperson;
(b) the Leader of Opposition in the Legislative Assembly- Member;
{c} the Chief Justice of the Gauhati High Court or a Judge of the said High
Court nominated by the Chief Justice- Member;
{d} Chief Secretary to the Government-Member.
{2} No appointment of a Chairperson or {the} Member shall be invalid merely by
reason of any vacancy in the Selection Committee.
{3} The Selection Committee shall, for the purposes of selecting the Chairperson
and member of the Lokayukta and for preparing a panel of persons to be
considered for appointment as such, constitute a Search Committee consisting of
at least five persons of standing and having special knowledge and expertise in the
matters relating to public administration, finance including insurance and banking,
law, anti-corruption policy, management, or in any other matter which, in the
opinion of the Selection Committee, may be useful in making selection of the
Chairperson and member of the Lokayukta: Provided that the Selection
Committee may also consider any person other than the persons recommended by
the Search Committee.
(4) The Selection Committee shall regulate its own procedure in a transparent
manner for selecting the Chairperson and member of the Lokayukta.
{5} The term of the Search Committee referred to in sub-section {3}, the fees and
allowances payable to its member and the manner of selection of panel of names
shall be such as may be prescribed.
5. {l} The Chairperson and the member shall, hold office as such for a term of five
years from the date on which he enters upon his office or until he attains the age
of seventy years, whichever is earlier. Provided that he may,
{a} by writing under his hand addressed to the Governor, resign his office; or
(b) be removed from his office in the manner provided in section 37.
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(2) The Chairperson and the member shall, before entering upon his office, make,
and subscribe before the Governor an oath or affirmation in the form set out in
Schedule.
6. The Governor shall take or cause to be taken all necessary steps for the
appointment of a new Chairperson and member at least three months before the
expiry of the term of such Chairperson or Member, as the case may be, in
accordance with the procedure laid down in this Act.
7. The salary allowances and other conditions of service of
(a) the Chairperson shall be the same, as those of the Chief Justice of the
High Court of Gauhati;
(b) other member shall be the same as those of a Judge of the High Court of
Gauhati:
Provided that if the Chairperson or the member is, at the time of his
appointment, in receipt of or has become entitled to receive pension (other than
disability pension) in respect of any service or previous service under the
Government of India or under the Government of a State or as Chief Justice or as a
Judge of a High Court, his salary in respect of service as the Chairperson or, as the
case may be, as the member, be reduced:
(i) by the amount of that pension; and
(ii) 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:
Provided further that the salary, allowances and pension payable to and
other conditions of service of, the Chairperson or the member shall not be varied
to his disadvantage after his appointment.
8. (1) On ceasing to hold office, the Chairperson and the member shall be ineligible
for:
(i) reappointment as the Chairperson or the member of the Lokayukta;
(ii) any diplomatic assignment, appointment as administrator of a Union
territory and such other assignment or appointment which is required by law
to be made by the Governor by warrant under his hand and seal;
(iii) further employment to any other office of profit under the Government
of India or the Government or corporation, company, society, local authority
or autonomous body as referred to in sub clauses (v) and (vi) of clause (c) of
sub-section (1) of section 2;
(iv) contesting any election of President or Vice-President of India or
Member of either House of Parliament or Member of either House of a State
Legislature or of Municipality or Panchayat within a period of five years from
the date of relinquishing the post.
Notwithstanding anything contained in sub-section (L), {the} Member
shall be eligible to be appointed as a Chairperson, if his total tenure as
Member and Chairperson does not exceed five years.
Explanation.- For the purposes of this section, it is hereby clarified that
where the Member is appointed as the Chairperson, his term of office shall
not be more than five years in aggregate as the Member and the
Chairperson.
-5-
9. (1) In the event of occurrence of any vacancy in the office of the Chairperson by
reason of his death, resignation or otherwise, the Governor may, by notification,
authorise the senior-most Member to act as the Chairperson until the appointment
of a new Chairperson is made to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence on
leave or otherwise, the senior-most Member available, as the Governor may, by
notification, authorise in this behalf, shall discharge the functions of the
Chairperson until the date on which the Chairperson resumes his duties.
10. (1) There shall be a Secretary or more than one Secretary to the Lokayukta, who is
or has been, in the rank of Secretary to the Government in the State and who shall
be appointed by the Chairperson from a panel of names sent by the Government.
There shall be a Director of inquiry and a Director of Prosecution not below the
rank of the Additional Secretary to the Government equivalent, who shall be
appointed by the Chairperson from a panel of names sent by the Government. The
appointment of officers and staff of the Lokayukta shall be made by the
Chairperson or the Member or officer of Lokayukta as the Chairperson may direct:
Provided that the Governor may, by rule, require that the appointment in
respect of any post or posts as may be specified in the rule shall be made after
consultation with the State Public Service Commission.
(4). Subject to the provisions of any law made by the Legislature of the Slate the
conditions of service of Secretary and other officers and staff of the Lokayukta shall
be such as may be specified by regulations made by the Lokayukta for the purpose:
Provided that the regulations made under this sub-section shall, so far as
they relate to salaries, allowances leave or pensions, require the approval of the
Governor.
CHAPTER. III INQUIRY WING
11. (l).Notwithstanding anything contained in any law for the time being in force, the
Lokayukta shall constitute an inquiry wing headed by the Director of inquiry for the
purpose of conducting preliminary inquiry into any offence alleged to have been
committed by a public servant punishable under the Prevention of Corruption Act,
1988 and or under Chapter 9 of the Indian Penal Code 1860.
Provided that till such time the inquiry Wing is constituted by the Lokayukta,
the Government shall make available such number of officers and other staff from
such of its Departments, as may be required by the Lokayukta, for conducting
preliminary inquiry under this Act.
(2) For the purposes of assisting the Lokayukta in conducting a preliminary inquiry
under this Act, the officers of the inquiry Wing not below the rank of Under
Secretary to the Government, shall have the same powers as are conferred upon
the Lokayukta under section 28.
CHAPTER. IV
PROSECUTION WING
7[12. (l).[DELETEDJ .
(2} .
(3) ]
7[ ].deleted by 5.7 of 2019 Act.
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CHAPTER -V
EXPENSES OF LOKAYUKTA TO BE CHARGED ON THE CONSOLIDATED FUND OF THE STATE .:£
13. The administrative expenses of the Lokayukta, including all salaries, allowances and
pensions payable to or in respect of the Chairperson, member or Secretary or other
officers or staff of the Lokayukta, shall be charged upon the Consolidated Fund of
the State and any fees or other moneys taken by the Lokayukta shall form part of
that Fund.
.. CHAPTER - VI
JURISDICTION IN RESPECT OF INQUIRY
8[14 (i) subject to the other provisions of this Act,the Lokayukta shall have its
jurisdiction on all the following categories, namely
(a) any person who is or has been a Chief Minister;
(b) any other person who is or has been a Minister of the State;
(c) any person who is or has been the member of the Arunachal Pradesh
Legislative Assembly;
(d) any person who is Chairperson or the member by whatever name called, of a
Panchayat or a Municipality as respectively provided in articles 243-B and 243-Q
of the Constitution of India;
(e) all officers or employees whose appointing authority is the State Government
of the State, referred to in sub- clauses (i) and (ii) of clause (c) of section 2 of the
Prevention of Corruption Act, 1988 when serving or who has served, in connection
with the affairs of the State;
(f) all officers or employees referred to in clause (e) equivalent in any Body or
Corporation or Authority or Company or Society or Trust or Autonomous Body (by
whatever name called) established by any Act of Parliament or of a State
Legislature which is wholly or partly financed by the Government or controlled by
it;
Provided that in the case of officers and employees referred to in clauses( e) and
(f) but are working in connection with the affairs of the Union or in Body or Board
or Corporation or Authority or Company or Society or Trust or Autonomous Body
under the control of the Union, the Lokayukta and officers of its Inquiry Wing
shall have jurisdiction under this Act in respect of such officers only after
obtaining the consent of the Central Government;
(g) any person who is or has been a Director, Manager, Secretary or other Officer
of every other Society or Association of persons or Trust (whether registered
under any law for the time being in force or not) by (whatever name called),
wholly or partly financed or aided by the Government and the annual income of
which exceeds such amount as the Government may, by notification specify.
(h) any person who is or has been a Director, Manager, Secretary or other Officer
of every other Society or Association of persons or Trust (whether registered
under any law for the time being in force or not) in receipt of any donation from
the public and the annual income of which exceeds such amount as the
Government may, by notification, specify or from any foreign source under the
Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year
or such higher amount as the Central Government may, by notification, specify;
Provided that any person referred to in this clause shall be deemed to be a public
servant under clause (c) of section 2 of the Prevention of Corruption Act,1988 and
or under section 21 of the Indian Penal Code, 1860 and the provisions of that Act
shall apply accordingly.
-7-
(2) Notwithstanding anything contained in sub-section (1 )~ the Lokayukta shall
not inquire into any matter involved in, or arising from, or connected with, any
such allegation of corruption against any Member of the Legislative Assembly in
respect of anything said or a vote given by him in the Legislative Assembly of the
State or any committee thereof covered under the provisions contained in clause
(2) of Article 194 of the Constitution.
(3) The Lokayukta may inquire into any act or conduct of any person other than
those referred to in sub-section (l)~if such person is involved in the act of
abetting, bribe giving or bribe taking or conspiracy relating to any allegation of
corruption under the Prevention of Corruption Act, 1988 against a person referred
to in sub-section (1).
8[ ].deleted by s.8 of 2019 Act.
[Provided that no action under this section shall be taken in case of a person
serving in connection with the affairs of the Union, without the consent of the
Central Government" .
11(1) Except as hereinafter provided, the Lokayukta shall not conduct any inquiry
under this Act, in the case of a complaint in respect of any action, if such action
relates to any matter as follows :-
( a) action taken for the purpose of investigating crime relating to the security of
the State;
(b) action taken in the exercise of powers in relation to determining whether a
matter shall go to a court or not;
(c) administrative action taken in matters which arise out of the terms of a
contract governing purely commercial relations of the administration with
customers or suppliers except where the complainant al/eges harassment or gross
delay in meeting contractual obligation;
(d) action taken in respect of appointment, transfer and postings, removal, pay,
discipline, superannuation, actions relating to claims for pension, gratuity,
provident fund or to any claims which arises on re tirem en t.remo val or
termination of service, or other matters relating to conditions of service of public
servants;
(e) grant of honours and awards;
(f) any action in respect of which a formal and public inquiry has been ordered
with the prior concurrence of the Lokayukta;
(g) any action in respect of a matter which has been referred to inquiry under the
Commissions of Inquiry Act, 1952;
(2) In the case of any complaint, nothing in this Act shall be construed as
empowering the Lokayukta to question any administrative action involving the
exercise of a discretion, except where Lokayukta is satisfied that the elements
involved in the exercise of the discretion are absent to such an extent that the
discretion can prima-facie be regarded as having been improperly exercised.
Explanation -
For the removal of doubts, it is hereby declared that a complaint under this Act
shall only relate to a period during which the public servant was holding or
serving in that capacity].
8[ ].deleted by s.8 of 2019 Act.
15. In case any matter or proceeding related to allegation of corruption under the
Prevention of Corruption Act, 1988 and or Chapter 9 of the Indian Penal Code 1860
has been pending before any Court or Committee of the Legislative Assembly of
the State or before any other authority prior to commencement of this Act or prior
to commencement of any inquiry after the commencement of this Act, such matter
or proceeding shall be continued before such court, committee or authority.
-8-
16. (1) Subject to the provisions of this Act,
(a) the jurisdiction of the Lokayukta may be exercised by bench thereof;
9[(b) a bench may be constituted by the Chairperson with the member as
the Chairperson may deem fit;
9[ ].substituted by s.9 (1)(i) of 201~ Act.
lO[(C) deleted]
(d) where a bench consists of the Chairperson, such bench shall be presided
over by the Chairperson;
lO[(e) deleted.]
"l ].deleted by s.9(1) (ii) of 2019 Act.
(f) the bench of the Lokayukta shall ordinarily sit at Itanagar and at such
other places as the Lokayukta may, by regulations, specify.
11[(2) The Lokayukta shall notify the areas in relation to which the bench of the
Lokayukta may exercise jurisdiction.}
11[ ].substituted by s.9(2) of 2019 Act.
(3) Notwithstanding anything contained in sub-section (2), the Chairperson shall
have the power to constitute or reconstitute l2[bench} from time to time.
(4) If at any stage of the hearing of any case or matter, it appears to the
Chairperson or the member that the case or matter is of such nature that it ought
to be 13[heard by a bench of the member, the case or matter may be transferred
by the Chairperson or, as the case may be, referred to him for transfer, to full
bench as the Chairperson may deem fit}.
l2[ l.substltuted by 5.9(3) of 2019 Act.
l3[ ].deleted by 5.9(4) of 2019 Act.
17. 14[Where bench is constituted, the Chairperson may, from time to time, by
notification,make provisions as to the distribution of the business of the
Lokayukta and also provide for the matters which may be dealt with by each
bench.}
[ ].deleted by 5.10 of 2019 Act.
18. On an application for transfer made by the complainant or the public servant, the
Chairperson, after giving an opportunity of being heard to the complainant or the
public servant, as the case may be, l5[may transfer any case pending before a
bench for disposal to Chairperson bench}.
lS[ ].substituted by 5.11 of 2019 Act.
19 16[ deleted).]
16[ ].deleted by 5.12 of 2019 Act.
CHAPTER. VII
PROCEDURE IN RESPECT OF "I *deleted ] INQUIRY 17[ *deleted]
17[ }.deleted by s.13 of 2019 Act.
20. 18[(1) The Lokayukta shall, on receipt of a complaint, first decide whether to
proceed in the matter or close the same and if the Lokayukta decides to proceed
further, it shall,-
(a) order for a preliminary inquiry against any public servant referred to in
clauses (a), (b), (c), (d), (g) and (h) of sub-section (1) of section 14 by its
Inquiry Wing or any agency of the Government to ascertain whether there
exists a prima-facie case for proceeding in the matter;
(b) forward the complaint to the Vigilance Department for conducting a
preliminary inquiry in respect of public servants belonging to Group A,
Group 8, Group and C and in clauses ( el and If) nf f;lIh_f;prtinn 111,.." rD"";"'~
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14 to ascertain whether there exists a prima-facie case for proceeding in
the matter:
Provided that the Vigilance Department in respect of complaints referred to
it under this clause, after making preliminary inquiry in respect of public servants
belonging to Group A and Group B, shall submit its report to the Lokayukta in
accordance with the provisions contained in sub-section (2) and in case of public
servants belonging to Group C, the Department shall proceed in accordance with
the instructions and orders in force.
(2) The Inquiry Wing or any agency of the Government or the Chief Vigilance
Officer of Arunachal Pradesh Government, as the case may be, shall conduct the
preliminary inquiry referred to in sub-section (1 ), on the basis of material,
information and documents collected, seek the comments on the allegations
made in the complaint from the public servant and competent authority and after
obtaining the comments of the concerned public servant and competent
authority, submit, within sixty days from the date of receipt of the reference, a
report to the Lokayukta.
(3) The Chief Vigilance Officer may, for the purpose of conducting preliminary
inquiry, utilise the service of the appropriate agency in accordance with the
instructions and orders in force.
(4) Full Bench consisting of Lokayukta and member shall consider every report
received under sub-section (2) from the Inquiry Wing or any agency of the
Government or Chief Vigilance Officer and after giving an opportunity of being
heard to the public servant, decide as to whether there exists a prima-facie case,
and proceed with the following actions, namely:-
(a) order for a detailed inquiry in respect of public servants referred to in
subsection (1) of section 14 ( other than the public servants belonging to
Group C by its Inquiry Wing or any agency of the Government;
(b) recommend for departmental action in respect of public servants
belonging to Group A and Group B;
(c) closure of the proceedings against the public servant and take action to
proceed against the complainant under section 35.
(5) In case the Lokayukta decides to proceed with a detailed inquiry into the
complaint, it shall direct the Inquiry Wing or any agency of the Government to
carry out the inquiry as expeditiously as possible and complete the inquiry within
a period of six months from the date of its order:
Provided that the Lokayukta may extend the said period by a further period not
exceeding six months at a time for the reasons to be recorded in writing.
(6) The Inquiry Wing or the agency of the Government so directed shall, in respect
of cases referred to it by the Lokayukta, submit a detailed inquiry report to the
Lokayukta.
(7) Full Bench consisting of Lokayukta and member shall consider every report
received by it under sub-section (6) from the Inquiry Wing or the agency so
directed and may,-
(a) send a report to the competent authority in respect of the public
servants referred to in sub-section (1) of section 14 (other than the public
servants belonging to Group C) for appropriate action;
(b) order for closure of complaint.
(8) The Lokayukta may, during the preliminary inquiry or the detailed inquiry, as
the case may be, pass appropriate orders for the safe custody of the documents
relevant to the preliminary inquiry or, as the case may be, detailed inquiry, as it
deems fit.
(9) The website of the Lokayukta shall, from time to time and in such manner as
may be specified by regulations, display to the public, the status of number of
complaints pending before it or disposed of by it.
-10- @ (10) The Lokayukta may retain or cause to retain the original records -and
evidences, which are likely to be required in the process of preliminary inquiry or 4'
detailed inquiry".
(11) Save as otherwise provided, the manner and procedure of conducting a
preliminary inquiry or detailed inquiry (including such material and documents to
be made available to the public servant) under this Act, shall be such as may be
specified.]
18[ ].substituted by s.14 of 2019 Act.
21. If, at any stage of the proceeding, the Lokayukta
(a) considers it necessary to inquire into the conduct of any person other
than the accused; or
(b) is of opinion that the reputation of any person other than an accused is
likely to be prejudicially affected by the preliminary inquiry it shall give to
that person a reasonable opportunity of being heard in the preliminary
inquiry and to produce evidence in his defence, consistent with the
principles of natural justice.
22. Subject to the provisions of this Act, for the purpose of any preliminary inquiry or
19[* deleted], the Lokayukta or the investigating authority, as the case may be, may
require any public servant or any other person who, in its opinion, is able to furnish
information or produce documents relevant to such preliminary inquiry or
investigation, to furnish any such information or produce any such document.
19[ ].deleted by s.28 of 2019 Act.
23. 2°[*deleted]
20[ ].deleted by s.lS of 2019 Act.
24. 21[No sanction or approval of any authority shall be required by the Lokayukta for
the purpose of making preliminary inquiry or detailed inquiry by the Inquiry Wing
or Chief Vigilance Officer or any agency of the Government on any complaint
filed before it against any public servant].
21[ ].substituted by s.16 of 2019 Act.
CHAPTER - VIII POWERS OF THE LOKAYUKTA
25. 22[The Lokayukta shall, notwithstanding anything contained in any other law for
the time being in force, have the powers of superintendence and direction over
the agency conducting the agency or any inquiring authority in respect of the
matters in so far as they relate to the inquiry under this Act.}
22[ ].substituted by s.17 of 2019 Act. .
26. (I) 23[*deleted]
23[ ].deleted by s.18(i) of 2019 Act
(2) If the Lokayukta is satisfied that any document seized under 24[*deleted] may
be used as evidence for the purpose of any preliminary inquiry 24 [* deleted] under
this Act and that it shall be necessary to retain the document in its custody or in
the custody of such officer as may be authorised, it may so retain or direct such
authorised officer to retain such document till the completion of such preliminary
inquiry or investigation as the case may be: Provided that where any document is
required to be returned, the Lokayukta or the authorised officer may return the
same after retaining copies of such document duly authenticated in the manner as
may be prescribed.
24[ ].deleted by s.18(ii) of 2019 Act
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27 (1) Subject to the provisions of this section, for the purpose of any preliminary
inquiry, the inquiry Wing of the [Lokayukta shall have all the power of a civil court,
under the code of Civil Procedure, 1908,while trying a suit in respect of the
following matters, namely:
(i) summoning and enforcing the attendance of any person and examining
him on oath;
(ii) requiring the discovery and production of any document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or Copy thereof from any court or office;
(v) issuing commissions for the examination of witnesses or documents:
Provided that such commission, in case of a witness, shall be issued only
where the witness, in the opinion of the Lokayukta, is not in a position to attend
the proceeding before the Lokayukta; and
(vi) such other matters as may be prescribed.
(2) Any proceeding before the Lokayukta shall be deemed to be a judicial
proceeding within the meaning of section 193 of the Indian Penal Code, 1860.
28. 25[(1). The Lokayukta may, for the purpose of conducting any preliminary inquiry
or investigation, utilise the services of any officer or organisation or investigation
agency of the Government.
(2) For the purpose of preliminary inquiry or investigating into any matter
pertaining to such inquiry or investigation, any officer or organisation or agency
whose services are utilised under sub-section (1) may, subject to the
superintendence and direction of the Lokayukta,
(a) summon and enforce the attendance of any person and examine him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office. The officer
or organization or agency whose services are utilized under sub-section (2)
shall inquire or, as the case may be, investigate into any matter pertaining
to the preliminary inquiry or investigation and submit a report thereon to
the Lokayukta within such period as may be specified by it in this behalf.
(3) The officer or agency whose services are utilised under sub-section (1) shall
inquire into any matter pertaining to the preliminary inquiry or detailed inquiry
and submit a report thereon to the Lokayukta within such period as may be
specified by it in this behalf.]
25[ ].substituted by s.19 of 2019 Act
29. 26[1 (i) Where the Lokayukta, while making a preliminary inquiry into allegations of
corruption, is prima facie satisfied, on the basis of evidence available, that-
(a) the continuance of the public servant referred to in clauses (e), (/), (g) and (h)
of sub-section ( 1) of section 14 in his post while conducting the preliminary
inquiry is likely to affect such preliminary inquiry adversely; or
(b) the public servant referred to in clauses (e), (/), (g) and (h) of sub-section (1) of
section 14 is likely to destroy or in any way tamper with the evidence or influence
witnesses, then, the Lokayukta may recommend to the Government for transfer
or suspension of such public servant from the post held by him till such period as
may be specified in the order.
(ii) The Government shall ordinarily accept the recommendation of the
Lokayukta made under sub-section (1) (i), except for the reasons to be
recorded in writing in a case where it is not feasible to do so for
administrative reasons.]
26[ ].substituted by 5.20 of 2019 Act
-12-
(2) The Lokayukta shall, immediately after attachment under sub-section (1), .•..
forward a copy of the order, along with the material in his possession, referred to
in that sub-section, to the Special Court, in a sealed envelope, in the manner as
may be prescribed and such Court may extend the order of attachment and keep
such material for such period as the Court may deem fit.
(3) Every order of attachment made under sub-section (1) shall cease to have
effect after the expiry of the period specified in that sub-section or after the expiry
of the period as directed by the Special Court under sub-section (2).
(4) Nothing in this section shall prevent the person interested in the enjoyment of
the immovable property attached under sub-section (1) or sub-section (2), from
such enjoyment.
Explanation.-For the purposes of this sub-section, 'person interested', in
relation to any immovable property, includes all persons claiming or entitled to
claim any interest in the property.
30. 27[deleted]
31. 27[deleted]
32. 27[deleted]
27[ }.deleted by s.21 of 2019 Act
Power of the Lokayukta to give directions to prevent destruction of records
during preliminary Inquiry
33. The Lokayukta may, in discharge of its functions under this Act, issue appropriate
directions to a public servant entrusted with the preparation or custody of any
document or record:
(a) to protect such document or record from destruction or damage; or
(b) to prevent the public servant from altering or secreting such document or
record; or
(c) to prevent the public servant from transferring or alienating any assets
allegedly acquired by him through corrupt means.
34. The Lokayukta may, by general or special order in writing and subject to such
conditions and limitations as may be specified therein, direct that any
administrative or financial power conferred on it may also be exercised or
discharged by such of 28[its Member] or officers or employees as may be specified
in the order.
28[ ] .substituted by s.22 of 2019 Act
CHAPTER. IX
29[PROVISIONS RELATING TO FRIVOLOUS OR VEXATIOUS COMPLAINT UNDER
THIS ACT].
29[ ].substituted by s.23 of 2019 Act
35. 3°[(1) Notwithstanding anything contained in this Act, whoever makes any false
and frivolous or vexatious complaint under this Act shall, on conviction, be
punished with imprisonment for a term which may extend to one year and with
fine which may extend to one lakh rupees.
(2) No Court shall take cognizance of an offence under sub-section (1) except on a
complaint made by a person against whom the false, frivolous or vexatious
complaint was made or by an officer authorised by the Lokayukta.
(3) The prosecution in relation to an offence under sub-section ( 1) shall be
conducted by the public prosecutor and all expenses connected with such
prosecution shall be borne by the Government.
(4) In case of conviction of a person being an individual or Society or Association
of persons or Trust (whether registered or not) for having made a false complaint
under this Act, such person shall be liable to pay compensation to the public
servant against whom he made the false complaint in addition to the legal
expenses for contesting the case by such public servant, as the Court may
determine.
(5) Nothing contained in this section shall apply in case of complaints made in
good faith.
Explanation- For the purpose of this sub-section, the expression "good faith"
means any act believed or done by a person in good faith with due care, caution
and sense of responsibility or by mistake of fact believing himself justified by law
under section 79 of the Indian Penal Code, 1860.
(1) Where any offence under sub-section (1) of section 35 has been committed by
any Society or Association of persons or Trust (whether registered or not), every
person who, at the time the offence was committed, was directly in charge of,
and was responsible to, the Society or Association of persons or Trust, for the
conduct of the business or affairs or activities of the society or Association of
persons or Trust as well as such Society or Association of persons or Trust shall be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly.
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act, if he proves that the offence
was committed without his knowledge or that he had exercised all due diligence
to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1 ), where an offence
under this Act has been committed by a Society or Association of persons or Trust
(whether registered or not) and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to any neglect on the part of,
any Director,Manager; Secretary or other officer of such Society or Association of
persons or Trust, such Director, Manager, Secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly].
30[ l.substltuted by 5.24 of 2019 Act
CHAPTER. X
COMPLAINTS AGAINST CHAIRPERSON, MEMBER AND OFFICIALS OF THE LOKAYUKTA
37. (l) The Lokayukta shall not inquire into any complainant made against the
Chairperson or any Member.
(2) Subject to the provisions of sub-section (4), the Chairperson or any Member
shall be removed from his office by order of the Governor on the grounds of
misbehaviour after the High Court of Gauhati, on a reference being made to it by
the Governor on a petition signed by at least twenty member of the Legislative
Assembly, has, On an inquiry held in accordance with the procedure prescribed in
that behalf, reported that the Chairperson or such Member, as the case may be,
ought to be removed on such ground.
(3) The Governor may suspend from the office, the Chairperson or any Member in
respect of whom a reference has been made to the High Court under sub-section
(2), on receipt of the recommendation or interim order made by the High Court in
this regard until the Governor has passed orders on receipt of the final report of
the High Court on such reference.
(4) Notwithstanding anything contained in sub-section (2), the Governor may, by
order, remove from the office, the Chairperson or an Member, if the Chairperson
36.
~-
(a) is adjudged an insolvent;or
(b) engages himself during his term of office, in any paid employment ~
outside the duties of his office; or
{c} is, in the opinion of the Governor, unfit to continue in office by reason of
infirmity of mind or body.
{S} If the Chairperson or any Member is, or becomes, in anyway concerned or
interested in any contract or agreement made by or on behalf of the Government
of India or the Government of a State or participates in any way in the profit
thereof or in any benefit or emolument arising there from otherwise than as the
member and in common with the other member of anincorporated company, he ,
shall, for the purposes of sub-section (2), be deemed to be guilty of misbehaviour.
Complaints against officials of Lokayukta :
38. {1} Every complaint or allegation made against any officer or employee or agency
under, or associated with, the Lokayukta for an offence punishable under the
Prevention of Corruption Act, 1988. and or under Chapter 9 of the Indian Penal
Code, 1860 shall be dealt with in accordance with the provisions of this section.
{2} The Lokayukta shall complete the inquiry into the complaint or allegation made
within a period of thirty days from the date of its receipt.
(3) While making an inquiry into the complaint against any officer or employee of
the Lokayukta or agency engaged or associated with the Lokayukta, if it is prima
facie satisfied on the basis of evidence available, that continuance of such officer or
employee of the Lokayukta or agency engaged or associated in his post while
conducting the inquiry is likely to affect such inquiry adversely or is likely to destroy
or in any way tamper with the evidence or influence witnesses, then, the
Lokayukta may, by order, suspend such officer or employee of the Lokayukta or
divest such agency engaged or associated with the Lokayukta of all powers and
responsibilities hereto before exercised by it.
{4} On completion of the inquiry if the Lokayukta is satisfied that there is prima
facie evidence of the commission of an offence under the Prevention of Corruption
Act, 1988, and or under Chapter I of the Indian Penal Code, 1860 it shall, within a
period of fifteen days of the completion of such inquiry order to prosecute such
officer or employee of the Lokayukta or such officer, employee, agency engaged or
associated with the Lokayukta and initiate disciplinary proceedings against the
official concerned:
Provided that no such order shall be passed without giving such officer or
employee of the Lokayukta, or agency so engaged or associated, a reasonable
opportunity of being heard.
CHAPTER. XI
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT
39. If any public servant is convicted of an offence under the Prevention of Corruption
Act, 1988 by the Special Court, without prejudice to any law for the time being in
force, it may make an assessment of loss, if any, caused to the public exchequer on
account of the actions or decisions of such public servant not taken in good faith
and for which he stands convicted, and may, order recovery of such loss, if possible
or quantifiable, from such public servant so convicted:
~ ® Provided that if the Special Court, for reasons to be recorded in writing, comes to
the conclusion that the loss caused was pursuant to a conspiracy with the
beneficiary or beneficiaries of actions or decisions of the public servant so
convicted, then such loss may, if assessed and quantifiable under this section, also
be recovered from such beneficiary or beneficiaries proportionately.
CHAPTER-XII
FINANCE, ACCOUNTS AND AUDIT
40. The Lokayukta shall prepare, in such form and at such time in each financial year as
may be prescribed, its budget for the next financial year, showing the estimated
receipts and expenditure of the Lokayukta and forward the same to the
Government for information.
41. The Government may, after due appropriation made by the Legislative Assembly
by law in this behalf, make to the LoExcerpt shown. Open the full act in Lexace.