The ARUNACHAL PRADESH LOKAYUXTA ACT, 2014

The Arunachal Pradesh Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No.83, Vol. XXl, Naharlagun, Tuesday, May 20, 2014 Vaisakha 30, 1936 (Saka)
GOVERNMENT OF ARUNACHAL PRADESH
LAW LEGISLATIVE AND JUSTICE DEPARTMENT
ARUNACHAL PRADESH CIVIL SECRETARIAT
ITANAGAR
NOTIFICATION
The 20th May, 2014
No. LAWLEGN-1/2014.-The following Act of the Arunachal Pradesh Legislative Assembly which was
passed in the Thirteen Session of the Fifth Legislative Assembly and received the assent ofthe Governor of
Arunachal Pradesh is hereby published for general information :-
(Received the assent of the Governor on 16th May, 2014)
THE ARUNACHAL PRADESH LOKAYUXTA ACT, 2014
(ACr NO. 7 OF 20141
An
Act
to provide for estiablishment of body of Lokayukta for the State ofArunachal 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 ofArunachal Pradesh in the Sixty-fiflh Year of the Republic
of lndia, as follows :-
CHAPTER - I
PRELIiIIINARY
1. (1) ThisAct may be called theArunachal Pradesh Lokayukta Act, 2014.
(2) ltextends to the whole of the State of Arunachal Pradesh.
(3) lt shall be applicable to the public servants of the State ofArunachal Pradesh seruing in and outside
the State and the public servants underthe control of Government ofArunachal Pradesh.
(4) lt shall come into force on such date as the Government may, by notification, appoint.
2. Definitions. (1) ln this Act, unless the context otherwise requires,-
(a) "bench" means a bench of the Lokayukta;
(b) 'Chairperson" means the Chairperson ofthe Lokayukta;
(c) 'competent authority', ln relation tG
(i) the Chief Minister, means the Legislative Assembly of the State;
(ii) a member of the Council of Ministers, means the Chief Minister;
(iii) a memberof Sate Le€islativeAssembly other than a Minister, means the Speaker of the Legislative
Assembly;
(iv) an officer in any Department cf the Government, means the Minister- in- charge of lhe Department
underwhich such officer is serving ;
(v) a Chairperson or member of any Body or Board or corporation or Local aulhorily 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 Govemment or contro{led
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 a 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 subdauses (i) to (vi) above, means such Department o. authority
as the Govemment may, by notification, specify ;
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(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 ofAct, 1988;
(e) 'Government" means the Government ofArunachal Pradesh;
(f) ''investigation" means an investigation as defined under clause (h) of section 2 of the Code of
Criminal Procedure,'1973;
(g) "Judicial Membe/ means a Judicial Member of the Lokayukta;
(h) "Lokayukta" means the body establbhed under section 3i
(i) "Member" means a Member of the Lokayukta;
(j) 'Minister' means Minister of the Governmont but does not include the Chief Minister;
(k) "notification' means notification published in the Official Gazette and the expression "notify'shall be
construed accordinglyi
(l) "preliminary inquiry' means an inquiry conducted under this Act;
(m) 'prescribed" means prescribed by rules;
(n) "public servant" means a person refened 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 iurisdiction is exercisable by any court or
other authority under the Army Act, 7950, the Air Force Act, ,950, the Navy Act, ,957 and the Coast
' Guard Act, '1978 or the procedure is. applicable to such public servant under thoseActs;
(o) 'regulations' means regulations made underthisAct;
(p) "rules" means rules made underthisAcq and
(q) 'Special Court'means the courtofa SpecialJudge appointed under sub-seclion (1)of section 3 ofthe
Prevention of Corruption Act, 1988.
(2) The words and expressions used herein and not defined in this Act but defined in the Prevention of
CorruptionAct, 1988 and in the Codeof Criminal Procedure,1973, shall have the meanings respectively
assigned to them in those Acts.
CHAPTER. II
ESTAB LISHMENT OF LOKAYU KIA
3. (1) Afrer the commencement ofthisAct, the Govemment shall, by notification, establish, for the purpose
of this Act, a body called the Lokayukta for the State ofArunachal Pradesh.
(2) The Lokayukta shall consist of-
(a) a Chairperlon, 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
(b) Two members, out ofwhom one shall be Judicial Member
(c) At least two of the Members shall be from APST
(d) At least one of the members shall be woman:
(3) A person shall be eligible to be appointed,-
(a) as a Judicial Member if he is or has been a Judge of a High Court ;
(b) as a Memberotherthan a JudicialMember, 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 publlc administation, finance including insurance and banking, law anti-corruption
policy or management.
(4) The Chairperson or a Member shall not be--
(a) a member of Parliament or a member of the Legislature of any State or Union Tenitory;
(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) a member of any Panchayat or Municipality;
(e) a person who has been removed or dismissed from service of the Union or a State; or
(0 a person holding any office oftrust or profit (other than his omce as the Chairperson or a Member)
or person connected with any political party or carry on any business or practise any profession,
and accordingly, before he enters upon his o{fic€, as the Chairperson or a 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.
The Arunachal Pradesh Extraordinary Gazefte , May 20, 2014
Appointmsnt of Chairperson and MembelB on r€commendation of Solec,tion Commitee :
4. (1) The Chairperson and Membersshallbe appointed by the Govemor by wanant underhis hand and seal
after obtaining the recommendations of a Seleclion Committee consisting of
(a) the Chief Minister--Chairperson;
(b) the Leader of Opposition in the Legislative Assembty- Member;
(c) the ChiefJustice ofthe Gauhati High Court or a Judge of the said High Court nominated bythe
Chief Justice- Member;
(d) Chief Secretary to the Government-+ilember.
(2) No appointment ofa Chairperson or a 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 Members of the
Lokayukta and for preparing a panel of peGons to be considered for appointment as such, constitute
a Search Committee consisting ofat leastfive persons ofstanding and having special knowledge and
expertise in the mafters 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 Members 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 transparenl manner for selecting the
Chairperson and Members of the Lokayukta.
(5) The term of the Search Committee referred 1o in sub-section (3), the fees and allowances payable to
its m€mbers and the manner ofselection of panel of names shall be such as may be prescribed.
5. (1) The Chairperson and every Member shall, hold office as such for a term offive years frorn the date on
which he enters upon his ofiice 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 ofiice; or
(b) be removed from his office in the manner provided in section 37.
(2) The Chairperson and every Member shall, before entering upon his office, make and subscribe before
the Governor an oath or affirmation in the form set out in Schedu16.
6. The Governor shalltake or cause to be taken all necessary steps for the appointment of a new Chatrperson
and Members at least three months before the expiry ofthe 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 servic€ of-
(a) the Chairperson shall be the same,as those of the Chief Justice of the High Court of Gauhati;
(b) other Members shall be the same as those ofa Judge of the High Court of Gauhati:
Provided that if the Chairperson or a Member is, at the time of his appointment, in receipt of or
has become entitled to receive pension (other than disability pension) in resp€ct of any service or
previous service underthe Governmentof lndia orunder the Govemment ofa State oras Chief Justice
or as a Judge ofa High Court, his salary in respect of service as the Chairperson or, as the case may
be, as a 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 ofthat portion of
the pension:
Provided further that th€ salary, allowances and pension payable to, and other conditions
of service of, the Chairperson or a Member shall not be varied to his disadvantage after his
appointment.
8. (1) On ceasing to hold office, the Chairperson and every Membershallbe ineligiblefor-
(i) reappointment as the Chairperson or a Memberofthe Lokayukta;
(iD 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 wanant under
his hand and seal;
(iii) further employment to any other office of profit under the Government of lndia or the Government
or corporation, company, society, local authority or aulonomous body as referred lo in sub-
clauses (v) and (vi) of clause (c) of sub-section( t ) of section 2;
(iv) contesting any election of President or Vice-President of lndia or Member of either House of
Parliament or Member of either House of a State Legislalure or of Municipality or Panchayat
within a period offive years from the date of relinquishing the post.
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Notwithstanding anything contiained in sub-section ('1), a Membershall be eligible to be appointed as
a Chairperson, if his total tenure as Member and Chairperson does not exceed live 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.
ln 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.
When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise,
the senior-most Member available, as the Govemor may, by notificatjon, authorise in this behalf, shall
discharge the functions of the Chairperson until the date on which the Chairperson resumes his
duties.
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 lnquiry 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 such
Member or olficer of Lokayukta as the Chairperson may direct:
Provided that the Governor may, by rule, require that the appointment in respect ofany post or
posts as may be specified in the rule, shall be made after consultation with the State Public SeNice
Commission.
Subject to the provisions ofany law made by the Legislature ofthe Slate the conditions of service of
Secretary and other officers and staff ofthe Lokawkta 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 ofthe Governor.
CHAPTER. III
INQUIRYWING
Notwithstanding anything contained in any la\,r/ for the time being in force, the Lokayukta shallconstitute
an lnquiry \Mng headed bythe Dkector of lnquiryfor 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 I of the lndian Penal Code 1860
Provided that till such time the lnquiry Wing is constituted by the Lokayukta, the Government
shall make available such number of officers and other stafffrom such of its Departments, as may be
required by the Lokayukta, for conducting preliminary inquiry under this Act.
For the purposes of assisting the Lokayukta in conducting a preliminary inquiry under this Act, the
officers of the lnquiryWing 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
PROSECUTIONWING
The Lokayukta shall, by notification, constitute a Prosecution- Wing headed by the Director of
Prosecution who is or has been in the rank of Director of Public Prosecution of the State for the
purpose of prosecution of public servants in relation to any complaint made before the Lokayukta
under this Act :
Provided that till such time the Prosecution Wing is constituted by the Lokayukta, the
Government shall make available such numberofoffcers and other stafffrom such of its Departments,
as may be required by the Lokayukta, for conducting prosecution under this Act.
The Director of Prosecution shall, after having been so directed by the Lokayukta, file a case in
accordance with the findings ofthe investigation report as per suFsection (6) of seclion 20, before the
Special Court, and shall take all necessary steps in respect of the prosecution of public servants in
relation to any offence punishable under the Prevention of Corruption Act, 1988 and or under Chapter
I ofthe lndian Penal Code'1860.
The report under sub-section (2) shall be deemed to be a report, filed on completion of investigation,
referred to in section 173 ofthe Code of Criminal Procedure, 1973.
CHAPTER -V
(2t
s (1)
(2)
10. (1)
(2\
(3)
(4\
11. {1)
(2)
12. (1\
(2)
(3)
EXPENSES OF LOKAYUKTA TO BE CHARGED ON
, THE CONSOLIDATED FUND OF THE STATE
1 3. The administrative expenses ofthe Lokayukta, including all salaries, alloarances and pensions payable to
or in respect ofthe Chairperson, Members or Secretary or other officers or staft of the Lokayukta, shall be
charged upon the Consolidated Fund ofthe State and any fees or other moneys taken by the Lokayukta
shall form part of that Fund.
The Arunachal Pradesh Extraordi nary Gazette , May 20, 2014
CHAPTER - VI
1a (i) subjecr to the other r,::'::?:ffi:Iff"".'"ffi:]]:,lj,Ilr,r" or cause an inquiry ro be
conducted into any matter involving, or arising from, or connecled with, any allegation of corruption
made in a complaint in respect of the following, 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 a Member of the Arunachal Pradesh Legislative Assembly;
(d) any person who is Chairperson or a member by whatever name called, of a Panchayat or a
Municipality as respectively provided in articles 243-8 and 243-Q of the Constitution of lndia;
(e) any officer or employee ofthe State, refened to in sub- clauses (i) and (ii) ofclause (c) ofsection
2 of the Prevention of Conuption Act, 1988 when serving or who has served, in connection with the
affairs ofthe State;
(f) any officer or employee refered to in clause (e)or holding equivalent postin any Bodyor Board or
corporation or authority or company or society ortrust or autonomous body (bywhatever name
called) established by any Act of Parliament or of a State Legislature which is wholly or partly
financed by the Government or cutrolled by il;
(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
fo.ce or not), bywhatever name called, wholly or partlyflnanced 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
fiorce or not) in receipt ofany donation fiom 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 amounl as the Central Government may, by nolification, speciry:
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 CorruptionAct, 1988 and or under section 21 of
the lndian Penal Code, 1860 and the provisions of thatAct shall apply accordingly.
(2) Notwithstanding anything contained in sub-section (1 ), the Lokayukta shall not inquire into any mafer
involving or arising from, or connected with, any such allegalion of corruption against any Member of
the Arunachal Pradesh Legislative Assembly in respect of anything said ora vote given by him in the
said Assembly or any committee thereof covered under the provisions contained in clause (2) of
article 194 ofthe Constitution of lndia.
(3) The Lokayukta may inquire into any act or conduct oF any person other than those referred to in sub-
section (1 ), if such person is involved in the act of bribe giving or bribe laking or abetting the same or
in conspirary relating to any alldgation ofconuption under the Prevention of Corruption Act. 1 988
against a person leferred to in sub-section ('1):
Provided that no action underthis section shall be taken in case ofa person serving in connection
with the affairs ofthe Union, without the consent of the Central Government.
(4) No matter jn respect of which a complaint has been made to the Lokayukta under this Act shall be
referred for inquiry under the Commissions of lnquiry Acl, 1952.
Explanation.- For the removalof 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.
15. ln case any matter or proceeding related to allegation of corruption under the Prevention of CorruptionAct,
1988 and or Chapter 9 ofthe lndian Penal Code 1860 has been pending before any Court or Committee of
lhe Legislative Assembly of the State or before any other authority prior to commencement of this Act or
prior to commencement of any inguiry after the commencement of this Act, such matter or proceeding
shall be continued before such court, committee or authority.
16. (1) Subject to the provisions of this Act,
(a) the jurisdiction of the Lokayukta may be exercised by benches thereof;
(b) a bench may be constituted by the Chairperson with two or more Members as the Chairperson
may deem fit;
(c) every bench shallordinarily consist ofat least one JudicialMember;
(d) where a bench consists ofthe Chairperson, such bench shalibe presided over bythe Chairperson;
(e) where a bench consists of a Judicial Member and a non-Judicial Member, not being the
Chairperson, such bench shall be presided over by the Judicial Member;
(f) the bench of the Lokayukta shall ordinarily sit at ltanagar and at such other places as the
Lokayukta may, by regulations, specify.
5
6 TheArunachal Pradesh Eltraordinary Gazette, May 20, 2014
(2) The Lokayukta shall notify the areas in relation to which each bench of the Lokayukta may exercise
jurisdiction.
(3) Notwithstanding anything contained in suFsectron (2), the Chairperson shall have the power to constitute
or reconstitute benches from time to time.
(4) lfat any stage of the hearing of any case or matter, it appears tothe Chairperson or a Member thatthe
case or matter is of such nature that it ought to be heard by a bench consisting of two or more
Members, the case or matter may be transferred by the Chairperson or, as the. case may be, referred
to him for transfer, to such bench as the Chairperson may deem fit.
17. Where benches are constituted, the Chairperson may, from time totime, by notification, make provisions
as to the distribution of the business of the Lokayukta amongst the benches and also provide for the
matters which may be dealt with by each bench.
'18. On an application for transfer made by the corndainant orthe public servant, the Chairperson, after giving
an opportunity of being heard to the complainant orthe public servant, as the case may be, may transfer
any case pending before one bench for disposal to any other bench.
1 9. lf the Members of a bench consisting of an even number of Members differ in opinion on any point. they
shall state the point or points on which they differ, and make a reference to the Chairperson who shall hear
the point or points himself and settle the issue.
CHAPTER. VII
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND
INVESTIGATION
20. ('1 ) The Lokayukta, on receipt of a complaint, if it decides to proceed further, may order,-
(a) preliminary inquiry against any public servant by its lnquiry Wing or any agency to ascertain
whether there exists a prima facle case for proceeding in the matter; or
(b) investigation by any agency or authority empowered under any law to investigate, where there
exists a prima facie case:
Provided that any investigation underthis clause shall beordered only ff in the opinion of the
Lokayukta there is substantial material relating to the existence of a prima facie case or any
eariier statutory investigation orenquiry regarding the same complaint reveals that a prima facie
case exists:
Provided further that before ordering an investigation under this clause, the Lokayukta shall
call for the explanation of the public seNant and views of the competent authority, so as to
determine whether there exists a prima facie case for investigation:
Provided also that a decision to order investigation under this clause shall be taken by a
bench constituted by the Chairperson under section 16.
(2) During the preliminary inquiry referred to in sub-section (1), the lnquiry Wing or any agency shall
conduct a preliminary inquiry and 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 afler obtaining the mmments of the concerned public servant and competent authority,
submrt, within sixty days from the date of receipt of the reference, a report to the Lokayukta.
(3) A bench consisting ofnot less than two Members ofthe Lokayukta shallconsider every report received
under sub-section (2) from the lnquiry Wing or any agency and after giving an opportunity of being
heard to the public servant, decide as to whether there exists a prima facie case, and make
recommendations to proceed with one or more of the following actions, namely :-
(a) investigation by any agency (including any special investigation agency);
(b) initiation of the departmental proceedings or any other appropriate actlon against the concerned
public servant by the competent authority;
(c) closure of the proceedings against the public servant and take action to proceed against the
complainant under section 46,
(4) The promotion and other service benefits of a pubiic servant mentioned in clauses (e) lo (h) of sub-
section (1) of section 14 shall not be affected until the public servant is put under suspension on
recommendation ofthe Lokayukta under section 32 or charge sheet is flled afler completion of inves-
tigation underclause (a) ofsub-section (3) or a charge memo is issued againstthe said public servant
in a disciplinary proceeding initiated on the recrmmendation ofthe Lokayukta under clause (b) of sub-
section (3).
(5) Every preliminary inquiry referred to in sub-seclion (1) shallordinarily be completed within a period of
ninety days and for reasons to be recorded in writing, within a further period of ninety days from the
date of receipt ofthe complaint.
(6) ln case the Lokayukta decides to proceed to investigate into the complaint, it shall, by order in writing,
direct any investibating agency (including any special agency) to carry out the investigation as
expeditiously as possible and complete the investigation within a period of six months from the date
of its order:
Provided that the Lokayukta, for the reasons to be recorded in writing, may extend the said
period by a further period not exceeding six months at a time and for the maximum period of two
years.
The Arunachal Pradesh Extraordina ry Gazette , May 20, 2O'14
(7) Notwithstanding anything contained in section 173 of the Code of Criminal procedure, 1973, any
investigating agency (including any special agency) shall, in respect of cases refened to it by the
Lokayukta. submit the investigauon report to the Lokayukta.
(8) A bench consisting of not less than two Members of the Lokayukta shall consider every report received
by it under sub-section (7) from any investigating agency (including any special agency) and may,
decide as to-
(a) filing of charge-sheet or closure report before the Special Court against the public servant;
(b) initiating the dePartmental proceedings or any other appropriate aclion against the concerned
public servant by the competent authority_
(9) The Lokayukta may, after laking a decision under sub-section (8) on the filing of the charge sheet,
direct its Prosecution Wing to initiate prosecution in a Special Court in respect of cases investigated
by any investigating agency (including any special agency).
('10) The Lokayukta may, during the preliminary inquiry or the investigation, as the case may be, pass
appropriale orders for the safe custody of the documents relevant to the preliminary inquiry or, as the
case may be, investigation, as it deems fit.
(11) 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.
(12) The Lokayukta may retain the original records and evidences, which are likely to be required in the
process of preliminary inquiry or investigation or conduct of a case by it or by the Special Court.
('13) Save as otherwise provided, the manner and procedure of conducting a preliminary inquiryor investigation
(including such material and documents to be made available to the public servant) under this Act,
shall be such as may be specified by regulations.
21. lf, 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 preludicially
afiected 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.iustice.
22. Subject to the provisions of this Act, for the purpose of any preliminary inquiry or investigation, 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 tofurnish information or produce documents relevant to such preliminary
inquiry or investigation, to furnish any such information or produce any such document.
23. (1) A Special Court may, notwithstanding anything contained in section 197 of the Code of Criminal
Procedure, 1973 or section 19 ofthe Prevention of Corruption Act, 1988, on filing of a charge sheet on
completion of investigation, by the Lokayukta, take cognizance of offence committed by any public
servant.
(2) Nothing contained in sub-section (1) shall apply in respect ofthe persons holding the offce in pursuance
of the provisions ofthe Constitution of lndia and in respect of which a procedurefor removalof such
person has been specified therein.
(3) The provisions contained in sub-sections (1) and (2)shall be without prejudice to the generality ofthe
provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the Constitution of
lndia-
24. Where, after the conclusion of the investigation, the findings of the Lokayukta disclose the commrssion
of an offence under the Prevention of Corruption Act, 1988 and or under Chapter I ofthe lndian Penal
Code, 1860 by a public servant referred to in clause (a) or clause (b)or dause (c) of sub-section (1)ofsection
14, the Lokayukta mayfile a case in the Special Court and shall send a copy ofthe report togetherwith its
flndings to the competent authority.
CHAPTER - VIII
POWERS OF THE LOKAYUKTA
25. The Lokayukta shall, notwithstanding anything contained in any other lawfor lhe time being in force, have
the powers of superintendence and direction overthe investigating agency in respectofthe matters in so
far as lhey relate to the investigation made by such agency underthisAct.
26. ('l) lf the Lokayukta has reasons to believe that any document which, in its opinion, shall be usefulfor, or
relevanl to, any investigation under this Act, are secreted in any place, it may authorise any agency
to whom the investigation has been given to search for and to seize such documents.
(2) lf the Lokayukta is satisfied that any document seized under suFsection (1 ) may be used as evidence
for the purpose of any preliminary inquiry or investigation 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 thatwhere anydocument 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.
7
TheArunachal Pradesh Extraordinary Gazette, May 20, 2014
(1) Subject to the provisions of this section, for the purpose of any preliminary inquiry, the lnquiry Wing of
the [okayukta shall have allthe powerc of a civil court, under the fue of Civil Procedure, 1908,while
trying a suit in respeet of the following matters, namely:-
(i) summoning and enforcing the altendance 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 thereoffrom any court or ofiice;
(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 ofthe Lokayukta, is not in a position to attend the proceeding before the Lokayukta;
and
(vi) such other matters as may be prescribed.
Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning
of section 193 ofthe lndian Penal Code, 1860.
The Lokayukta may, for the purpose of conducting any preliminary inquiry or investigation, utilise the
services ofany officer ororganisation or investigation agency ofthe Government.
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 ofany person and examine him;
(b) require the discovery and production of any document; and
(c) reguisition any public record or copy thereoffrom any office.
The officer or organization or agencywhose services are utilized under sub-seclion (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
behatf.
Where the Lokayukta or any investigating officer authorized by it in this behalf, has reasons to
believe, the reason for such belief to be recorded in writing, on the basis of material in his possession,
that,-
(a) any person is in possession ofany proceeds ofcorruption;
(b) such person is accused of having commitled an offence relating to conuption; and
(c) such proceeds of offence are likely to be concealed, lransferred or dealt with in any manner
which may result in frustrating any proceedings relating to confiscation of such proceeds of
offence, the Lokayukta or the investigating officer, may, by order in writing, provisionally attach
such property for a period not exceeding ninety days from the date ofthe order, in the manner as
provided in the Second Schedule to the lncome-taxAct, 1961 and the Lokayukta and the officer
shall be deemed to be an officer under sub-rule (e) of rule 1 of that Schedule.
The Lokayukta shall,.immediately after attachment under sub-section (1), forward a copy of the order,
along with the material in his possession, refened 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 flt.
Every orderof attachment made under sub-section ('l ) shall cease to have effect after the expiry ofthe
period specified in that sub-section or after the expiry of the period as directed by the Special Court
under sub-section (2).
Nothing in this section shall preventthe person interested in the enioymentofthe 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.
The Lokayukta, when it provisionally attaches any property under sub-section (1) of section 29 shall,
within a period of thirty days of such attachment, direct its prosecution wing to file an application
stating the facts of such attachment before the Special Court and make a prayer for confirmation of
attachment of the property till completion ofthe proceedings against the public servant in the Special
Court.
The Special Court may, if it is ofthe opinion that the property provisionally attached had been acquired
through corrupt means, make an order for confirmation of attachment ofsuch propertytjllthe completion
ofthe proceedings against the public servant in the Special Court.
lfthe public servant is subsequently acquitted ofthe charges framed against him, the property, subject
to the orders ofthe Special Court, shall be restored to the concerned public servant along wilh benefits
from such property as might have accrued during the period ofattachment.
lf the public servant ii subsequently convicted ofthe charges ofconuption, the proceeds relatable to
lhe offence under the Prevention of Comr ption Act, 1988 shall be confiscated and vest in the Government
free from any encumbrance or leasehold interesl excluding any debt due to any bank or financaal
institution.
Explanation. -For the purposes of this sub-section, the expressions "Bank,,, "debt, and
'financial institution" shall have the meanings respectively assigned to them in clauses (d), (9) and (h)
of section 2 of the Recovery of Debts Due to Banks and Financial lnstitutions Act. 1993.
(2)
28 (1)
(2)
(3)
29. (1)
(2\
(3)
(4)
30. (1)
(2)
(3)
(4)
8
The Arunachal Pradesh Extraordina ry Gazette, May 20, 2014
31. (1) Without prejudice to the provisions of sections 29 and 30, where the Speciat Court, on the basisof
prima facie evidence, has reasons to believe or is satisfied that the assets, proceeds, receipts and
benefits, by whatever name called, have arisen or procured by means of corruption by the public
servant. it may pass an order for the confiscation of such assets, proceeds, receipts and benefits till
his acquittal.
(2) Where an order of conflscation made under sub-sectjon (1 ) is modified or annulled by the High Court
or where the public servant is acquitted by the Special Court, the assets, proceeds, receipts and
benefits, confiscated under sub-section (1 )shall be returned to such public servant, and in case it is
not possible for any reason to return the asGets, proceeds, receipts and benefits, such public servant
shall be paid the price thereof including the money so confiscated with the interesl from the date of
confiscation at the rate as may be prescribed.
Lokayukta to recommend transfer or suspension of public servant connected with allegation of
corruption :
32. (1) Where the Lokayukta, while making a preliminary inquiry into allegations of corruption, is prima facie
satisfied, on the basis of evidence available that the continuance of the public servant, referred to in
clauses (e)to (h) ofsub-section ('l )of section 14, in his post is likely to affect such preliminary inquiry
adversely or is likely to destroy, or in any way tamper with, the evidence or influence witnesses, then,
the Lokayukta may recommend to the Government for lransfer or suspension of such public servant
till such period as may be specified in the order.
(2) The Government shallordinarily accept the recommendation of the Lokayukta made undersuFsection
(1), except for the reasons to be recorded in writing in a case where it is not feasiblefor administrative
reasons.
Power ofthe Lokayukta to give directions to prevent destruction of records during preliminary lnquiry
33. The Lokayukia 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 preventthe public servantfrom altering or seseting 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 orfinancial power conferred on it may also be
exercised or discharged by such of iE Members or officers oremployees as may be specified in the order.
CHAPTER. IX
I
35. (1)
(?l
36. (1)
12)
(3)
(4)
SPECIALCOURTS
The Government shallconstitute such numberofSpecial Courts, as recommended by the Lokayukta,
to hear and decide the cases arising out of the Prevention of Corruption Act, 1988 and or under
Chapter I ofthe lndian Penal Code, 1860 or under thisAct.
The Special bourts constituted in accordance with the recommendation under sub-section (1) shall
ensure completion of each trial within a period of one year from the date of filing of the case in that
Court:
Provided that in case the trial cannot be completed within a period of one year, the Special
Cou( shall record reasons therefor and complete the trialwithin a further period ofnot more than three
months or such further periods not exceeding three months each, for reasons to be recorded in writing
before the end of each such three months period, but not exceeding a total period of two years.
Notwithstanding anything contained in this Act or the Code of Criminal Procedure, 1973 if, in the
course of a preliminary inquiry or investigation into an offence or other proceeding under thisAcl, an
application is made to a Special Court by an officer of the Lokayukta authorised in this behalfthat any
evidence is required in connection with the preliminary inquiry or investigation into an offence or
proceeding under thisAct and he is ofthe opinion that such evidence may be available in any place in
a contracting State, and the Special Court, on being satislied that such evidence is required in connection
with the preliminary inquiry or investigation into an offence or proceeding under thisAct, may issue a
letter of request to a court or an authority in the contracting Stiate competent to deal with such request
to-
(i) examine the facts and circumstances of the case;
(ii) take such steps as the Special Court may specify in such letter of requesu and
(iii) for, /ard all the evidence so taken or collected to the Special Court issuing such letter of request.
The letter of request shall be transmitted in such manner as may be prescribed.
The evidence collected in pursuance of the letter ofthe request under sub-section (1) by the SpectalCourt
shall be rnade available to the concemed authorised officer.
Every statement recorded or document or thing received under sub-section (1) shall be deemed tobe
evidence collecied during the course of the preliminary inquiry or investilation.
10 The Arunachal Pradesh Extraordinary Gazette, May 20, 2014
CHAPTER . X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND
OFFICIALS OF THE LOKAYUKTA
37. (1 ) The Lokayukta shall not inquire into any compl;int made against the Chairperson or any Member.
(2) Subjecl to the provisiens ofsub-section (4), the Chairperson or any Member shallbe 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 Members 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 ofthe recommendation
or interim order made by the High Court in this regard until the Governor has passed orders on receipt
ofthe final report of the High Court on such reference.
(4) Notwithstanding anything contained in sub-section (2), the Governor may, by orde( remove from the
office, the Chairperson or an Member, if the Chairperson or such Member, as thecase may be,-
(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 m,nd or
body.
(5) lf the Chairperson or any Member is, or becomes, in anyway concerned or interested in any conlract
or agreemenl made by or on behalf of the Government of lndia or the Government of a State or
participates in any way in the profit thereofor in any benefit or emolument arising therefrom otherwise
than as 

Excerpt shown. Open the full act in Lexace.

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