The ABUNACHAL PRADESH LOKAYUKTA ACT,2014

THE ABUNACHAL PRADESH LOKAYUKTA ACT,2014
(ACT NO. 7 OF 2014)
(Received lhe assent ol the Governor on 16th ay, 2014 and
published in the Arunachal Pradesh E.O. Gazette No 83, Vol. XXI
dared 20rh May, 2014)
to provide lor establishment of body ot Lokayukta for the State of
Arunachal Pradesh to inquire into allegations ol corruptions against
certain public lunctionaries and malters connected therewith and inci-
dental thereto ;
BE it enacted by the Legislature of the State of Arunachal Pradesh in
the Sixtyjifth Year of the Republic of lndia, as follows :-
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the Arunachal Pradesh Lokayukta Act,
2014.
(2) lt extends to the whole of the State ol Arunachal Pradesh.
(3) lt shallbe applicable tothe public servants olthe State ofArunachal
Pradesh serving in and outside the State and the public servants
under the control of Government of Arunachal Pradesh.
(4) lt shall come into lorce on such date as the Government may, by
notification, appoint-
2. Definitions. (1) ln this Act, unless the context otheruvise requires,-
(a) 'bench" means a bench of the Lokayukta ;
(b) "Chairperson" means the Chairperson of the Lokayukta ;
An
Act
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(c)
(d)
(e)
(f)
"competent authority", in relation to-
(i) lhe Chiel Minister, means the LegislativeAssembly ofthe State;
(li) a member of the Councilof Ministers, meansthe Chief Minister;
(iii) a member of State LegislativeAssembly other than a Ministe(
means lhe Speaker ol the Legislative Assembly;
(iv) an officer in any Department of the Government, means
the Minister- in- charge of the Department under which such
otficer is serving ;
(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 ot 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 a
member olthe S1ate Legislative Assembly, then the competent
authority shall be the Speaker o, the Legislative Assembly;
(vi) an officer ol 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,/vholly or partly financed
by the Government or controlled by il, means the head
ofsuch Body or Board or corporation or authority orcompany
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, specity ;
'complaint" means a complainl, 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 ;
"Governmenl" means the Government o[ Arunachal Pradesh;
"investigation" means an investigalion as defined under clause (h)
of section 2 ol the Code of Criminal Procedure, 1973;
"Judicial Member" means a Judicial Member of the Lokayukta;
"Lokayukta" means the body established under section 3;
"Member" means a Member of the Lokayukta;
"Ministea' means Minister of the Government but does not include
the Chief Minister :
G)
(h)
(0
0)
E
(k) "notification" means notification published in the Of{icial Gazette
and the expression "notify" shall be construed accordingly;
(l) "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, /950, the Air Force Act, /95q
the Navy Act, 7957and the Coast Guard Act, 1978 or the procedure
is applicable to such public servant under those Acts;
(o) 'Tegulations" means regulations made under this Act;
(p) '?ules" 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 ol Corruption Act.
1988.
(2) The words and expressions used herein and not defined in thls 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 S'tate 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
(b) Two members, out of whom one shall be Judicial Member
(c) At least two ol 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 i
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(b) as a Member other than a Judicial Member, if he is a person
of impeccable integrity and 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 a Member shall not be-
(a) a member of Parliament or a member of the Legislature ol
any State or Union Territory;
(b) a person convicted of any oflence involving moral turpitude ;
(c) a person of less than rortyJive years of age, on the date of
assuming office as Chairperson or [,lember, 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 Sate; or
(f) a person holding any office of trust or prolit (other than his
olfice 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
office, as the Chairperson or a Member, as the case may be,
shall. it
(i) he holds any otfice of trust or profit, resign from such
office ; or
(ii) he is carrying on any business, sever his connection with
the conduct and managemenl o, such business : or
(iii) he is practicing any profession, cease to practice such
profession.
Appointment ol Chairperson and Members on recommendation ol
Selection Committee :
4. (1) The Chairperson and Members 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--{hairperson;
(b) the Leader ol Opposition in the Legislative Assembly-
Memberi
(c) the Chiel Justice of the Gauhati High Court or a Judge ol the
said High Court nominated by the Chlef Justice- Member ;
(d) Chiet Secretary to the Government-Member.
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(2) No appointment of a Chairperson or a N,'lember 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 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. linance including insurance
and banking, law, anti-corruption policy, management, or in any
other matter which, in the opinion of the Selection Committee,
may be uselulin making selection otthe 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
transparent manner for selecting the Chairperson and Members ol
the Lokayukta.
(5) The term of the Search Committee relerred to in sub-section (3),
the lees and allowances payable to ib members and the manner
of selection 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 of five years lrom the date on which he enters upon his
office cr until he attains the age of seventy years, whichever is
earlier.
Provided that he may,-
ia) by writing under his hand addressed to the Governor, resign
his otfice: or
(b) be removed from his office in the manner provided in section
12) The Chairperson and every l\,'lember shall, belore entering upon
his office, make and subscribe before the Governor an oath or
aftirmation in the form sel out in Schedule.
6. The Governor shall take or cause to be taken all necessary steps for
the appointment of a new Chairperson and fvlembers 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.
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The salary, allowances and other conditions of service of-
(a) the Chairperson shall be the same as those of the Chiel Justice of
the High Court of Gauhati;
(b) other Members shall be the same as those of a Judge of the High
Cou( of Gauhati:
Provided that i{ the Chairperson or a Member is, at the
time ol his appointment, in receipt of or has become entitled to
receive pension (other than disability pension) in respect of any
service or previous service underthe Government of lndia or under
the Government of a Slate or as Chief Justice or as a Judge of a
High Courl, his salary in respect ol 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, betore such appointment, received, in lieu of a portion
of the pension due to him in respect of such previous service,
the commuted value thereol, by the amount ol that portion ol
the pension:
Provided further that the salary, allowances and pension
payable to, and other conditions olservice of, the Chairperson
or a Member shall not be varied to his disadvantage alter his
appointment.
8. (1) On ceasing to hold office, the Chairperson and every Member
shall be ineligible lor
(i) reappointment as the Chairperson or a Member of the
Lokayukta;
(ii) any diplomatic assignment, appointmenl as administrator ol
a Union territory and such other assignment or appointment
which is required by lawto be made by the Governor by warrant
under his hand and seal;
(iii) further employment to any other oflice of prolil under the
Governmenl o{ lndia or the Government or corporation,
company, society, local authority or autonomous body as
relerred to in sub-clauses (v) and (vi) of clause (c) of sub-
section(1) of section 2;
(iv) contesting any election ol President or Vice-President of lndia
or Member ot either House o, Pafliament or Member ol either
House ol a State Legislature or of Municipality or Panchayat
within a period of five years from the date ol relinquishing the
post.
(21
e (1)
(21
10. (1)
(2)
(3)
(4)
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Notwithstanding anything contained in sub-section (1), a [,tember
shall be eligible to be appointed as a Chairperson, if his totaltenure
as N,tember and Chairperson does not exceed five years.
Explanation.- For the purposes of this section, it is
hereby clarified that where the Member is appoinled as the
Chairperson, his term of otfice 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 ol his death, resignation or olherwise, the
Governor may, by notilication, authorise the senior-most Member
to act as the Chairperson untilthe appointmentof a new Chairperson
is made to fill such vacancy.
When the Chairperson is unable to discharge his lunctions 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.
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 oI 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 nan'res sent by the Government.
The appointment of oflicers and staff of the Lokayukta shall be
made by the Chairperson or such 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.
Subject to the provisions of any law made by the Legislature of the
State the conditions of service of Secretary and other oflicers 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.
11. (1)
(2\
12. (1)
(2)
(3)
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CHAPTER . III
INOUIRY WING
Notwithstanding anything contained in any law for the time being
in lorce, the Lokayukta shall constitute an lnquiry Wing headed by
the Director of lnquiry 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 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 staff from 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 otficers of the lnquiry. 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 WNG
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
betore the Lokayukta under this Act :
Provided that till such time the Prosecution 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
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 of the
investigation report as per sub-section (6) of section 20, before
the Special Court, and shalltake all necessary steps in respect ot
the prosecution of public servants in relation to any offence
punishable under the Prevention of Corruption Act, 1988 and or
under Chapter 9 of the lndian Penal Code 1860.
The report under sub-section (2) shail be deemed to be a report,
filed on completion of investigation, referred to in section 173 of
the Code of Criminal Procedure, '1973.
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CHAPTER. V
EXPENSES OF LOKAYUKTA TO BE CHARGED ON
THE CONSOLIDATED FUND OF THE STATE
13. The adminislrative expenses ol the Lokayukta, lncluding all salaries,
allowances and pensions payable to or in respect of the Chairperson,
Members or Secretary or other otficers or staff of the Lokayukta, shall
be charged upon the Consolidated Fund of the $ate and any fees or
other moneys taken by the Lokayukta shall form part of that Fund.
CHAPTEB - VI
JURISDICTION IN RESPECT OF INOUIBY
14. (1) Subject to the other provisions ot this Act, lhe Lokayukta shall
inquire or cause an inquiry to be conducted into any matter
involving. or arising from, or connected with, any allegation ol
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 ol the Constitution of
lndia;
(e) any officeror employee of the State, referred to in sub- clauses
(i) and (ii) ol clause (c) of section 2 ol the Prevention of
Corruption Act, 1988 when serving or who has served, in
conneclion wilh the alfairs of the State;
(l) any ofiicer or employee relerred to in clause (e) or holding
equivalent post in any Body or Board orcorporation or authority
or company or society or lrust 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 conlrolled by it;
(g) any person who is or has been a director, manager, secretary
or other olficer ol every other society or association of persons
or trust (whether regislered under any law lor the time being in
lorce or not), bywhatever name called, wholly or partly financed
or aided by lhe Government and the annual income ol which
exceeds such amount as the Government may, by notirication,
specily ;
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(h) any person who is or has been a director, manager, secretary
or other officer ol 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 len 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 olthe Prevention of CorruptionAct, 1988 and or under section
21 of the lndian Penal Code, 1860 and the provisions ol that
Act shall apply accordingly.
(2) Notwithstanding anything conta;ned in sub-section (1), the
Lokayukta shall not inquire into any matter involving or arising
from, or connected with, any such allegation of corruption against
any Member of the Arunachal Pradesh Legislative Assembly in
respecl ol anything said or avote given by him in the saidAssembly
or any committee thereof covered under the provisions contained
in clause (2) of article 194 ol the 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 taking or abetting the
same or in conspiracy relating to any allegation ofcorruption under
the Prevention of Corruption Act, 1988 against a person
referred to in sub-section (1):
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 ol the Central Government.
(4) No matter in respect of which a complaint has been made to the
Lokayukta under this Act shall be referred for inquiry under the
Commissions of Inquiry Act, 1952.
Explanalion.- For the removal of doubts, it is hereby declared
that a complaint under this Act shall only relate lo a period during
which the public servant was holding or serving in that capacity.
15. ln case any matter or proceeding related to allegation ol corruption
under the Prevention of Corruption Act, 1988 and or Chapter 9 of the
lndian Penal Code 1860 has been pending belore any Court or
Committee ofthe Legislative Assembly of the Sate or before any other
authority priorto commencement of thisAct or priorlo commencement
ol any inquiry after the commencement of this Act, such matter or
proceeding shallbe continued before such court, committee orauthority.
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16. (1) Sublect 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 shall ordinarily consist ol at least one Judicial
l\4ember;
(d) where a bench consists ol the Chairperson, such bench shall
be presided over by the Chairperson;
(e) where a bench consists of a Judicial Member and a non-
Judicial lVember, not being the Chairperson, such bench shall
be presided over by the Judicial Member;
(l) the bench of the Lokayukta shall ordinarily sit at llanagar and
at such other places as the Lokayukta may, by regulations,
specify.
(2) The Lokayukta shall notify the areas in relalion to which each bench
ol the Lokayukta may exercise jurisdiction.
(3) Notwithstanding anything contained in sub-section (2), the
Chairperson shall have the power to constitute or reconstitute
benches ,rom time to time.
(4) lf at any stage of the hearing of any case or matter, it appears to
the Chairperson or a Member that the 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 lor transfer, to
such bench as the Chairperson may deem fit.
17. Where benches are constituted, the Chairperson may, from time to
time, by notification, make provisions as to the distribulion of the
business ol 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 complainant or the public
servant, the Chairperson, after giving an opportunity of being heard to
the complainant orthe public servant, as the case may be, may transler
any case pending belore one bench for disposal to any other bench.
'19. lf the Members ol a bench consisting of an even number of Members
difler 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.
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CHAPTER . VII
PROCEDURE IN RESPECT OF PBELIMINARY INOUIHY AND
INVESTIGATION
20. (1) The Lokayukta, on receipt of a complaint, il 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
facie 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 under this clause shall
be ordered only il in the opinion of the Lokayukta there is
substantial material relating to the existence of a prima facie
case or any earlier statutory investigation orenquiry regarding
the same complaint reveals that a prima lacie case exists;
Provided further that before ordering an investigation
under this clause, the Lokayukta shall call forthe explanation
of the public servant and views of the competent authority,
so as to determine whether there exists a prima facie case
for investigation:
Provided also that adecision 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 after obtaining the
comments ofthe concerned public servant and competent authority,
submit, within sixty days from the date ot receipt ot the reference,
a report to the Lokayukta.
(3) A bench consisting of not less than two l\,tembers of the Lokayukta
shall consider 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 lo whetherthere exists
a prima facie case, and make recommendations to proceed with
one or more ol the following actions, namely :-
(a) investigation by any agency (including any special investi-
gation agency);
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(b) initiation of the departmental proceedings or any other
appropriate action against the concerned public servant by
the competent authority:
(c) closure of the proceedings againsl the public servant and
take action to proceed against the complainant under section
46.
(4) The promotion and other service benefits of a public servant
mentioned in clauses (e) to (h) of sub-section (1) of section 14
shall not be affected untilthe public servant is put under suspension
on recommendalion ol the Lokayukta under section 32 or charge
sheet is filed after completion of investigation under clause (a) of
sub-section (3) or a charge memo is issued against the said public
servant in adisciplinary proceeding initiated on the remmmendation
of the Lokayukta under clause (b) of sub-section (3).
(5) Every preliminary inquiry referred to in sub'section (1) shall
ordinarily be completed within a period of ninety days and for
reasons to be recorded in writing, within a further period of ninety
days lrom the date of receipt of the complaint.
(6) ln case the Lokayukta decides to proceed to investigate into the
complaint, it shall, by order in writing, direct any investigating
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 thatthe 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.
(7) Notwithstanding anything contained in section 173 ol the Code of
Criminal Procedure, 1973, any investigating agency (including any
special agency) shall, in respect of cases referred to it by the
Lokayukta, submit the investigation 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 lo--
(a) liling ol charge-sheet or closure report belore the Special
Court against the public servant;
(b) initiating the departmental proceedings or any other
appropriate action against the concerned public servant by
the competent aulhority.
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(9) The Lokayukta may. after taking 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 ol 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 appropriate orders for the
safe custody ol the documents relevant to the preliminary inquiry
or, as the case may be, investigation, as it deems fit.
(11) The website ol 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
ol 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 inquiry or 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 ol 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 ol 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, lor the purpose of any preliminary
inquiry or investigation, the LokayuKa 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.
23. ('1) ASpecialCourt may, notwithshnding anything contained in section
'197 of the Code of Criminal Procedure. 1973 or section 19 of the
Prevention ol Corruption Act, 1988, on filing ol a charge sheet on
completion of investigation, by the Lokayukta, take cognizance of
otfence committed by any public servant.
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(2) Nothing contained in sub-section (1) shall apply in respect of the
persons holding the office in pursuance of the provisions of the
Constitution of lndia and in respect of which a procedure for removal
of such person has been specified therein.
(3) The provisions contained in sub-sections (1 ) and (2) shall be without
prejudice to the generality of the provisions contained in article
311 and sub-clause (c) of clause (3) ol article 320 of the Constitution
of lndia.
24. Where, after the conclusion of the investigation, the findings ol the
Lokayukta disclose the commission of an offence under the
Prevention of Corruption Act, 1988 and or under Chapter 9 ol the
lndian Penal Code, 1860 by a public servanl referred to in clause (a)
or clause (b) or clause (c) of sub-section (1) of section 14, the Lokayukta
may file a case in the Special Court and shall send a copy of the report
together with ils findings to the competent authority.
CHAPTER . VIII
POWERS OF THE LOKAYUKTA
25. 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 investigating agency in respect of the matters in
so far as they relate to the investigation made by such agency under
this Act.
26. (1) lf the Lokayukta has reasons to believe that any document which,
in its opinion, shall be useful for, or relevant 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) ll the Lokayukta is satisfied that any document seized under sub-
section (1) may be used as evidence lor 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 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.
27 . 11)
(21
28 (1)
(2)
(3)
21
Subjecl to the provisions of this section, for lhe purpose of any
preliminary inquiry, the lnquiry Wing of the Lokayukta shall have
all the powers ol 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 alfidavits:
(iv) requisitioning any public record or copy thereof from any court
or office;
(v) issuing commissions for the examination ol 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 olher matters as may be prescribed.
Any proceeding before the Lokayukta shall be deemed to be a
judicial proceeding within the meaning of seclion 193 olthe lndian
Penal Code, 1860.
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.
For the purpose of preliminary inquiry or investigating into any
matter pertainlng 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 entorce 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-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 behalf.
2s. (1)
(2)
(3)
(4)
30. (1)
22
Where the Lokayukta or any investigating ofiicer 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 of any proceeds of
corruption;
(b) such person is accused of having committed an offence relating
to corruptiont and
(c) such proceeds of oflence are likely to be concealed,
transferred or dealt with in any manner which may result in
frustrating any proceedings relating to confiscation of such
proceeds of orfence, the Lokayukta orthe investigating officer,
may, by order in writing, provisionally attach such property
for a period not exceeding ninety days from the date of the
order, in the manner as provided in the Second Schedule to
the lncome{ax Act, '1961 and the Lokayukta and the ollicer
shall be deemed to be an officer under sub-rule (e) ol 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, referred to in that sub-section, to the SpecialCourt,
in a sealed envelope, in the manner as may be prescribed and
such Court may extend the order ol attachment and keep such
material for such period as the Court may deem fit.
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).
Nothing in this section shall prevent the person interested in the
enjoyment ol 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.
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 of the proceedings against the public servant in the
Special Court.
23
(2) The Special Court may, if it is of the opinion that the property
provisionally atlached had been acquired through corrupt means,
make an order for confirmation of attachment of such property till
the completion of the proceedings against the public servant in
the Special Court.
(3) llthe public servant is subsequently acquitted of the charges framed
against him, the property, subjectto the orders ofthe Special Court,
shallbe restored to the concerned publicservant along with benefits
from such property as might have accrued during the period of
attachment.
(4) lf the public servant is subsequently convicted of the charges of
corruption, the proceeds relatable to the olfence under the
Prevention of Corruption Act, 1988 shall be confiscated and vest
in the Government lree from any encumbrance or leasehold interest
excluding any debt due to any bank or financial 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), (g)
and (h) of section 2 ol the Recovery ol Debts Due to Banks and
Financial lnstitutions Act, 1993.
31 . (1 ) Without prejudice to the provisions ol sections 29 and 30, where
the Special Courl, on the basis ol prima facie evidence. has reasons
to believe or is satislied that the assets, proceeds, receipts and
benefits, by whatever name called, have arisen or procured by
means of corruption by the public servanl, il may pass an order for
the confiscation ol such assets, proceeds, recerpb and benelits till
his acquittal.
(2) Where an order of confiscation made under sub-section (1) is
modilied or annulled by the High Court orwhere the public servant
is acquitted by the Special Court, the assets, proceeds, receipb
and benetits, confiscated under sub-section (l ) shall be returned
to such public servant, and in case it is not possible tor any reason
to return the assets, proceeds, receipts and benefits, such public
servant shall be paid the price thereol including the money so
confiscated with the interest from the dale of confiscation at the
rate as may be prescribed.
Lokayukta to recommend transler or suspension ol public servant
connected with allegation ot corruption :
32. (1) Where the Lokayukta, while making a preliminary inquiry into
allegations of corruption, is prima facle satisfied, on the basis of
evidence available that the continuance ol the public servant,
24
referred to in clauses (e) to (h) of sub-section (1) of section 14, in
his post is likeiy 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 transfer or suspension of such public servant till such period as
may be specified in the order.
(2) The Government shall ordinarily accept the recommendation of
the Lokayukta made under sub-section (1), except for the reasons
to be recorded in writing in a case where it is not feasible for
administrative reasons.
Power ol the Lokayukta to give directions to prevent destruction ol
records during preliminary lnquiry :
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;
0r
(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 its l\/lembers orofficers oremployees
as may be specified in the order.
CHAPTEE . IX
SPECIAL COUBTS
35 (1)
(2)
The Government shall constitute such number ol Special Courls,
as recommended by the Lokayukta, to hear and decide the cases
arising out of the Prevention of Corruption Act, 1988 and or under
Chapter 9 of the lndian Penal Code, '1860 or under this Act.
The Special Courts 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 tiling of the
case in that Court:
Provided that in case the trial cannot be completed within a
period of one year, the Special Court shall record reasons therefor
and complete the trial within a further period of not more than
36. (1)
(2\
(3)
(4)
25
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 this Act,
an application is made to a Special Court by an officer of the
Lokayukta authorised in this behalf that any evidence is required
in connection with the preliminary inquiry or investigation into an
offence or proceeding under this Act and he is of the opinion that
such evidence may be available in any place in a contracting State,
and the Special Court, on being satisfied that such evidence is
required in connection with the preliminary inquiry or investigation
into an otfence or proceeding under this Act, may issue a letter of
request to a court or an authority in the contracting $ate 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 request; and
(iii) forward 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 ofthe letter ofthe request under
sub-section (1) by the Special Court shall be made available to the
concerned authorised ofl icer.
Every statement recorded or document or thing received under
sub-section (1) shall be deemed to be evidence collected during the
course of the preliminary inquiry or investigation.
CHAPTER . X
COiIPLAINTS AGAINST CHAIRPERSON, MEMBERS AND
OFFICIALS OF THE LOKAYUKTA
37. (1) The Lokayukta shall not inquire into any complaint made against
the Chairperson or any Member.
(2) Subject to the provisions of sub-section (4), the Chairperson or
any N,lember shall be removed from his oflice by order of the
Governor on the grounds oi misbehaviour after the High Court ot
Gauhati. on a relerence being made to it by the Governor on a
26
petition signed by at least twenty tulembers 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, oughtto be removed on such ground.
(3) The Governor may suspend from the otfice, 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
l\.4ember, if the Chairperson or such lVlember, as the case 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 mind or body.
(5) lf the Chairperson or any l\.4ember is, or becomes, in anyway
concerned or interested in any contract or agreement made by or
on behalf of the Government of lndia or the Government of a State
or participates in any way in the profit thereof or in any benefit or
emolument arising therefrom otherwise than as a member and in
common with the other members of an incorporated company, he
shall, for the purposes of sub-section (2), be deemed to be guilty
of misbehaviour.
Complaints against otficials of Lokayukta :
38. {1 ) Every complaint or allegation made against any officer or employee
or agency under, or associated with, the Lokayukta for an oflence
punishable under the Prevention of Corruption Act, 1988. and or
under Chapter 9 of the lndian 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 ol thirty days from the date of its
receipt.
(3) While making a

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