The Manipur Lokayukta Act, 2014

 
EXTRAORDINARY
PUBLISHED BY AUTHORITY
 
No. 196(A) Imphal, Friday, October 3, 2014 (Asvina 11, 1936)
, GOVERNMENT OF MANIPUR
SECRETARIAT : LAW & LEGISLATIVE AFFAIRS DEPARTMENT
NOTIFICATION
lmphal, the 3rd October, 2014
' No.Z/30/2017—Leg/MPZ‘)1557278 favowing Act of thevLeg'islature, Manipurwhich
received'assent of the President 'of india on 23-9—2014 is hereby published in the
Official Gazette; ; - '
THE MAN’IPUR LQKAYUKTA ACT, 2014
(MANIPUR ACT NO. 11 OF 2014)
‘AN
_ ACT
v to prowdefor the establishment of'a bodyof‘Lokayukta for
the; “State 20f 'M'anipur. to inquire into allegations of ,
coi‘rufii‘ion’;it’a‘g‘ainst‘r‘bertain public functionaries and for
matters connected therewith or incidental‘thereto.
\ V BE it enactedey the Lagislative VAs’sembly of
. Mén’i-‘puf in the Sixty-rfifth Year of the Republic of India as
foilowsz—
’ PART I
PRELIMINARY
. '. Short title,-
1. (1) Thus Act may be sailed the Manipur Lokayukta Act, extent and
201 4" _
commencement.
, (2) It extends to the whole of the State of Man-ipur.
(3) It shall éome into’foroe on 'such date as the
State. Government may, by notification in the Official
‘Gazette, appoint. ‘ ’
PART H
LOKAYUKTA FOR THE STATE OF MANXPUR
CHAPTER I
DEFINITIONS
Definition& 2. (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——
(1')
(IT)
(iii)
(W)
(V)
(W)
the Chief Minister, means the Manipur
Legislative Assembly;
a member of the Council of Ministers,
means the Chief Minister;
3 member of the Manipur Legislative
Assembly other than a Minister means the
Speaker of the ‘Manipur Legislative
Assembly;
an officer in the Department of the State
Government means the Minister in charge
of the Department under which such
officer is serving;
a chairperson ormembers of any body, or
Board or corporation or authority or
company or society or autonomous body
(by whatever name called) established or
constituted under an Act of the State
Legislature or wholly or partiy financed by
the State Government or controlled by it,
means the Minister in charge of such _
body, or Board or corporation or authority
or company or society or autonomous
body;
an officer of any body or Board or_
corporation or authority or company or
society or autonomous body (by whatever
name called) established'or constituted
under an Act of the State Legislature or
wholly or partly finahced by the State
Government or controlted by it, means the
head of such body or Board or corporation
or authority or company or society or
autonomous body; '
(vii) in any other case not faiIing under sub~
Aciau'sés (I) to (vi) above means such
department or authority as the State
Government may, by notificatibn,
specify: I _ '
Provided that if any person referred to in
sub-Glause (V) orisubi-cIause (w) ,is aI’sofa Member
of. the Man‘ipur» ihegi‘siatiye Assembly, then the
competent auth’ority-f shail be the Speaker ‘of
Manipur Legislative Assembly;
~(d) "complaint” means a complaint made insuch
form as may be prescribed, aIIeging that a
public WserVant has ~ committed an offence
punishabie under the Prevention of Corruption
Aet,1—98_8; ’ ' ' .
(e) "investigation" means an Investlgation defined:
' under clause (h) of section 2 of the Code of
CriminaIProcedure,19‘/3;
(f) .y"JudicialI- Member" means aJudiciai Member
_ of the Lbkaygkta; ' — ~ - ~
(g) ‘-"LokayuI§ta"lf means the body established
, underfseetion 3;. ' ‘
(h) "Member" means a Member'of the Lokayukta;
'(i)~ ‘i'Mi‘rIIS‘ILeIM means, a Ministeij of the State
Government of Manipurbyt does not include
the ChiefMInIster
(j) y; notIf‘catIon” rhea” sanotificatIonpublished in
the officiai Gazette and the expression “notify"
, l)j_.:‘v._.shaII be construe accordirigiy, '”
 
 
LK) preliminary nqLIIry" means an inquiry
«3,3; conducted underthis Act I
"(Dr prescnbed" means
underthisAct; . ,
“public servant" means a, person referred to in
"‘i‘ciauses (a) to (g): of. sub—sectzon(1) of section
’ 14 but does not Include a public servant in
respect of whomthe,JurIsdIctIon is exercisable
by any court or other authority under the Army
_ Act 1950, the Air Force Act 1950, the Navy
Ad 1957 andthe Coast Guam Act 1978 or
the procedureis apprcable to such pubiic
AserVant under-those Acts;
  
 
bed “by rules made
 
, (I1) W‘fregulations’.’ means the- regulations made
' Unideri'thisACt; '
Establishment
of Lokayu‘kta‘.
4
(0) “rules" means rules made under this Act;
(p) “SpeciaI Court" means the court of a Special
b\xege abqointed under sub-section (1) of
section 3 of the Prevention of Corruption Act,
I 1988.
'(2) The words and expressions used herein and
not defined in this Act but defined .in. the Prevention of
Corruptibn Act, 1988, shaII have the-meanings respectively
assigned to them in that Act. I
CHAPTER II
ESTABLISHMENT OF LOKAYUKTA ‘
1(1) On and from the commencement of this Act, there
shaII be estabiished for the State of Manipur, for the
purpose of this Act, a body to be called the "Manipur
Lokayukta".
(2) The Lokayukta shaII Consist of—
(a) a Chairperson, who is or has been a Chief
., A , Justice of a High Court or a Judge of a High
Court or an eminent person who fulfils the»
eligibility specified in clause (b) of sub—
section (3); and '
(b) two Members of whom one she“ be Judicial
Member:’
(3) A‘persghmshaii be eIigibIe to be "appointed,—
g(a) as a Judieiai rMer'hberr if. he is or has been a
chudgegf a High Court; '
(b), as a Member ether than a JudiciaI Member,
if he is a person of‘ impeccabie integrity,
outfiending abiiity having special
knowi’edge and expertise of not Iess than
. twenty-five years in the'matters relating to
anti—cormption poIicy, I pubiic administration,
ifmvig‘iiance, finance, including insurance and
, banking, law, and management and not
, Iess than fifty years of age;
(4) The ChairpérSon or a Member shaII not be -—-
(1)2;3 member of ParIiament or a member of the
Legislature of any State or Union territory;
(ii) a person convicted of any offence involving
moral turpitude;
(in) a member of any Panehayat ory'Municipality or
District Council; ' '
5
(iv) a person who has been removed or dismissed
'from service of the Union or a State,
and she" not hold any office of trust or profit (other than
hisoffice as the Chairperson or a Member) or be affiliated
with any political party or_ carry on any business or'practice
any professionand accordingly, before he enters upon his.
office, a person appointed as the Chairperson or a
Member, as the case may be, she“, if ~—
(8) he holds any office of trust or profit, resigns
from such officer. or
(b) he is carrying on any business, sever his
connection with the conduct and
management of such business; or
(6) he is practicing any profession, cease to
practise such profession.
4. (1) The Chairperson and Members shaII be appointed
by the Governor after obtaining the recommendations of a
SeIection Committee consisting of— I
(a) the Chief Minister —- Chairperson;
(b) the Speaker of the Manipur Legislative
Assembly - Member;
(0) the Leader of Opposition in the Manipur
Legisiative Assembly —— Member;
(d) the Chief Justice of the High Court of_
Manipur or a Judge of the High Court
nominated by him —— Member,
(9) an- eminent jurist, as recommended: by the
Chairperson and Members referred to in
ciauses (a) to (d) above, to be nominated
by the Governor—-Member;
(2) No appointment of a Chairperson or aMember
ShaII be invalid merely by reason of any vacancy in the
Selection Committee.
(3) The Selection Committee shall for the purposes I
of selecting the Chairperson and Members of the
"Ilokayukta and far’fpreparing" a panel of persons to be
considered for appointment as such,- constitute a Search
Committee consisting of at Ieast seven persons of
standing and having special knowiedge and expertise in
the , matters relating to; anti-coi'mption policy, pubiic
administration, vigiIance,’ policy. making) finance inciuding
insurance, andrrbanking, law, and management, or in any
other matter which, in the opinion of the Selection
Committee, may be UsefuI in making selection of the
Appointment of
Chairperson and
Members on
I recommendations
of Selection
Committee.
Filling. of
vacancies of
Chairperson
or Members.
Term of office
of
Chairpers‘on
and
Members.
Salary
,aIIéwan'ces
and other
conditions of
service of
Chairperson
and
Members.
Chairperson and Members of the Lokayukta:
Provided that not Iess than fifty per ‘cent of the”
Members of the Search Committee shaII be from amengst
the‘ persons beionging to the Scheduled Castes, thé
Scheduied Tribes, Other Backward Classes, Minorities?
'and women: ' ' '
Provided further that the Selection Committee may
aIso consider any person other than the persons
recgmmended by the Search Committee.
(4) The Selection Committee shall reguIate its own
procedure in a transparent manner for selecting the V
Chairperson and Members of the Lokayukta
(5) The term of the Search Committee referred to in
sub—section (3), the fees and aIIowances payable to its .
members and the manner of seiection of panel of names
shail be such as may be pnesoribed,. . - - _ ..
5. The Governor shaII take or cause to be taken aII
necessary steps for the appointment of a new Chairperson '
and Members at least three months before the expiry 9f_ _
the term bf such Chairperson or Member as the case may
be in accordance with the procedure Iaid down in this Act
6. The Chairperson and every Member shall on the
recommendations of the SeIection Committee,
appointed by the Governor by warrant under his hand and
seat and hold office as such for a term offive years from
the date on which he enters upOn his office or until he
attains the-age of seventy year‘s,'whichevef is earIierE ' '
__Provi'ded that he may—_— _ . _ _
(a) by writing under his hand addressed to the
Governor, resign his offce; or ‘—
(b) be removed from his office in the manner provideg_ _
”in this Act.
7_. The saiary, aIIowarIces and_.other conditions of service— -
of- -
(l) the Chairperson shall be the same ‘as those of the" "
Chief Justice of the High Court; _ _
' (i1) other Members shall be the same as those of a
Judge of the High Court; _ .. . _. _ 7.
Provided that if the Chairperson or a Member is,
at the time of his appointment in receipt of pension
(other than disabiiity pension) in respect of any
previous service under the Government of India or
under the Government of a State his salary in respect _
of service as the Chairpersbn or, as the case may be,
be,.
7
as a Member, be reduced—
(a) by the amount of that pension; and
(b) if he has, before such appointment,
received, ih lieu of a portion of the pensiondue to him
in Iespegt of such previous service, 7 the commuted
value thereof, by the amount of that portion of the
., pension: ' ~
Provided further that the salary and allowances
payable to andother conditions of service of, the
Chairperson or a Member shaii not be varied _to_ his
disadvahtageafter his appointment. I
. 8. (1) On ceasing te hold office, -theChaiI=person and every -
Member shall be ineligible for—
\
" (I) re-appéintmént as the Chairpersbn or a
_ 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 iaw to be made'b‘y th'e'Goi/e’rnoi
by warrant under his hand anti seat;
Restrictionon . -
employment by
_ Chairperson and _
Member's after
ceasing to hold
‘ office
(III) further employment toany other office of profit
.. under _the _Government of india or the -
Government of a State;
(iv) contesting any election‘ o'f Piesidént or‘VIcel
President or Member of either House of
Parliament or Member 'of either House of a _
. State Legislature grMunICIpaiIty 9r: Panchayat .
within a period of five years from the date of
relinquishing the post. -: . ~1 _ . _ I , ,
7 (2) NOtwithstahding anythihg contained in Sub-'
a Chairperson, if his total tenure as Member and_
'Chairpersdn d'oes net exéeed five years
" Explanatiqn. :— quthe. purposes- of this sectionr it is
hereby clarified that‘where the Member is appointed as the
Chairperson, his teltrh of office shalI—nbt be more than'five
years in aggregate as the Member and the Chaitperson
9.(1) In the event of occurrence 6f any vaCancy in the
Office of the Chairperson by reason of _his death
‘resighation or otherwise the Governor may, by
_ notification authorize the senior-most Member to act as
the Chairperson until the appointment of a new
_ Chairperson to fill su'Ch vacancy '
section 61), a Member shall be eligible to be appointed as '
Member to"
act as
Chairp'ersoh '
or to
discharge his
functions'In
certain.
circumstances.
Secretary,
other officers
and staff of
Lokayukta.
Inquiry Wing.
 
8
(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, shaII discharge the
functions of the Chairperson untiI the date on which the
Chairperson resumes his duties. '
10. (1) There shall be a Secretary to the Lokayukta in the
rank‘of Secretary to the State Government, who shall be ‘
appointed by the Chairperson from a panel of names sent
by the State Government. ‘
(2) There shali be a Director of Inquiry and a
Director of Prosecution not below the rank of the Additional
Secretary to the State Government or equivalent, who
shall be appointed by the Chairperson from apanel of
names sent by the State Government.
(3) The appointment of Secretary and other officers
and staff of the Lokayukta shail 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, be made after consultation
with the Manipur Public Service Commission.
(4) Subject to the provisions of any Iaw made by
the State Legisiature, the conditions of service of
Secretary and other officers and staff of the Lokayukta
shaIl 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 reiate to salaries, allowances,
leave or pensions, require the approval of the Govemor.
CHAPTER ”I
INQUIRY WING
11. (1) 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 preiiminary inquiry into any offence
alleged to have been committed by a public servant
punishabie under the Prevention of Corruption Act, 1988:
Provided that till such time the Inquiry Wing is
constituted by the Lokayukta, the State Government shall
make avaiiable such number of officers and other staff from
such of its Departments, as may be reduired by the
Lokayukta, for conducting preiiminary inquiry under this Act.
9
(‘2) For the purposes of assisting the Lokayukta in
conducting a preliminaryInquiry under this Act, the officers
of the Inquiry Wing not below the rank of Under Secretary
to Government of Manipur, shail have the same powers as '
I are conferred upon the Inquiry Wing of the Lokayukta
under this Act
CHAPTER IV
PROSECU'IION WING
12.. (1) The Lokayukta shalt by notification constitute a
Prosecution Wing headed by the Director of Prosecution
for thepurpose of pro’secution of public servants in relation
to any complaint by the Lokayukta under this Act:
Provided that till sUch time the Prosecution Wing is
constituted by the Lokayukta the State Government shall
make available such number of officers and other staff
-from its Departments, as may be required by the
Lokayukta, for conducting prosecution under this Act».
”(2) The Director of Prosecution shail, «after having -
been so directed. by ,the- Lokayukta, file _a case in
accordance with the investigation report, before the '
SpecialCourt and take all necessary steps in respect of
the prosecution of public ServantsIn reiation to any offence
puhiShabie under the Prevention of Corruption Act, 1988
(3) The;case under sub—section (2) Shaii be
deemed tobe a reportIflied on completioh of investigation,
referred to in section 173 of the Code of Criminai
Procedure 1973
CHAPTER V
EXPENSES OF LQKAYUKTA TO BE CHARGEDON
CONSOLIDATED FUND OF STATE
13. The administrative expenSes of the Lokayukta.
including 3“ salaries, allowances payable to or in respect
of the Chairperson Members or Secretary or other officers
or staff 0f the Lokayukta shall be charged upon the
ConsolidatedyFund of State and any fees or. other moneys
taken by thetokayukta shalt form part of thatFund.
Prosecutior
Wing. .
Expenses of
Lokayukta to be
charged on
Consolidated
Fund of State.
Jurisdiction
of Lokayukta
to include
Chief
Minister,
Ministers,
Members of
-Manipur
Legislative ‘
Assembiy,
officers and
officials of
State
Government.
10
CHAPTER VI
JURISDICTION IN RESPECT OF INQUIRY
I
14. (1) Subject to the other provisions of this Act, the
Lokayukta shall inquire or cause an inquiry to be
conducted into any matter invoived in, or arising from, or
connected with, any aiiegation of corruption made in a
compiaint in respect of the following, namely:—
(a) any person who is or hasbeen a Chief Minister:
Provided that the Lokayukta she“ not inquire into
any aliegati‘on of corruption against the Chief
Minister unless a fuii bench of the Lokayukta
consisting of the Chairperson and an Members
considers the initiation of inquiry and at least two-
thirds of its Members approve of such inquiry:
Provided further that any such inquiry shall be heid
in camera and if the Lokayukta comes to _the
- cohoius'ion the complaint deserves to be
 
-—~*-—'“"‘diSm‘issed‘,"‘the redid" 6f‘theih‘quir‘y—‘shail‘ not be
pubiished or made available'to anyone;
(b) any person who is or has been a Minister of the
State;
(c)-any person who is or has been a Member 'of the
Ma-nipur Legislative Assembly;
(d) an offi'cers'and employees of the State, from
amongst the puinc servants defined in sub—clause
(1‘) and (ii) of clause (0) of section '2 of the
Prevention of CorruptionAct-, 41988_when serving or
who“, has served, in connection with the affairs of
the State; ' ‘
(e) all officers and employees referred to in clause
(d) or equivalent in any body or Board or
corporation or authority or company or society or
trust or autonomous body (by whatever name
called) established by an Act of the State
Legislature or wholly or partly financed by the State
Government or controiied by it;
(1‘) any persbn 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 Iaw for the time being in force
or not), by'whatever name caIIed, wholly or partly
financed or aided by the State Government and the
annual income of which exceeds such amount as
the State Government may by notification specify;
11
(9) any person who is o,r has been a director
manaflger secretary orother 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 State Government I may by
notification specify or' from- any foreign 's‘ource
under the Foreign Contribution (Regulation) Act,
2010 in excess of ten iakh rupees in ayear er such
higher amount as the Central Government may by
notification specify; ' '
Explanation. —--For the purpose of clauses (f) and (9), it is
herby clarified that any entity or institution, by whatever
name called, corporate, society, trust association of
persons, partnership, sole proprietorship, limited liability” '
partnership (whether registered under any law for the time
being in force or not) shall be the entities covered in those '
clauses: -
Provided that any person referred to in this clause
shaii be deemed to be a public servant under ciause (c) of
section 2 of the Prevention of Corruption Act, 1988 and
the provisions of that Act shall apply accordingiy:
Provided further that nothing in ciausesaée) and (f) and this
ciause shaii apply to any society or association of persons
or trust constituted for religious purpose '
(2) NohNithstahding anything contained in sub-
.sectiion(1), the Lokayukta shall not inquire into any matter
involved in, orarising from, OI: connected with any such
. aiiegation of corruptionagainst any Member of the
Manipur Legislative Acsembi}mEespectof anythmg said
or a vote given by him in the State Legisiatgre or any
Committee thereof covered underthe prowsmns contained
in ciause (2) of artici'e- 194 of the ConstItutIon
, . A (3) The Lokayukta may inquire Into any act or
Conduct of any per:son other than those referred to in sub-
section (1), if such person is involved in the act of abetting,
‘ bribegiving or bribe taking orconspiracy relating to any:
’ aiiegation of corruption under the Prevention of CbrrI-thion,
Act, 1988 against a'person referred to in sub—section (1):
Provided that no aetion under this section shall be
taken in case of aperson serving in connection with the
affairs of the Union without the consent of the Central
Government. 7.
(-4) NofiNithst‘anding anything eentained in the
Commissions. of lanJiry Act. 1952, _no matter in respect of
Matters
pending
before any
court or
committee or
authority for
inquiry before .
Lokayukta
not to be
affected-
Constitution
of benches of
Lokayukta.
Distribution
of business
amongst
Benches.
' Power of
Chairperson
to transfer
cases.
Decision to
be by
majority.
12
Which a complaint has been made to the Lokayukta under
this Act, shall be referred for inquiry under the
Commissions of inquiry Act, 1952.
Explanation.——-For the removal of doubts, it is hereby
deciared that a complaint under this Act shall only relate to
a period during which the public servant was hoiding or
serving in that capacity.
15. in case any matter or proceeding reiated to aiiegation
of corruption under the Prevention of Corruption Act, 1988
has been pending before any court or committee of the
State Legislature 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.
16. (1) Subject to the provisions of thiS'A'ct, -—
(a) a bench may be constituted by the Chairperson
as“he_m_a_y_deem_fit;
(b) every bench- shail- ordinarily consist of at least
one Judicial Member: and
(c) the benches of the Lokayukta shaii ordinariiy sit
at imphai and at such other places as the
Lokayukta may, by regulations, specify.
(2) if at any stage of--the-hearing of any case or»-
matter it appears to the bench that the case or matter is of
such nature that it-ought-to be hea rd/ by a larger benchflhe
case or matter may be transferred by the Chairperson or,
as the case may be, referred to him fer transfer, to such
benchas the Chairperson may deem fit
17 Where benches are constituted the Chairperson may,
from time to time.‘ by notification, make provisions as to the -
distribution of the business of the Lokayukta amongst the
benohes 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 or the public
servant, as the case“ may. be.—.may transfer any case-
pending before one bench for disposal to any other bench.
19. if the Members at a bench consisting. of an even
number of Members differ in opinion on any point, they
shaii state the point or points on which they differ, and
make a reference to the Chairperson who shall either hear
the point or points himself or refer the case for hearing on
13
such point or points by one or more of the other Members
of. the LokayUkta andssuch point or points shall be decided
according to the opinion of the majority of the Members of
the Lokayukta who have heard the case, including those
who first heard it.
“CHAPTER VII
PROCEDURE IN RESPECT OF PRELIMINARY iNQUiRY
AND INVESTIGATION
20. (1) The Lokayukta on receipt of a compiaint if it
decides to proceed further, may order-
1(a) preliminary inquiry against any public servant
by its inquiry \_Mng or any agency to ascertain
proceeding in the matter, or ‘_ I
(b) inVestigation by any agency where there exists
a prima facie case:
, Provided that before ordering an
investigation under biause (b), the Lokayukta shall
call for an explanation of the public servant so as to
deten'nine whether there exists a prime facie case
‘ for investigation:
Provided further that the seeking of
explanation from the public servant before an
investigation Shall not interfere with the search and
seizure, if any, required to be undertaken by any
' “agency uhder this Act
(2) During- the preliminary IanIry referred to in
sub-seCtibn (1), the inquiry Wing or any agency shalt
cond'untia preliminary inquiry and On thebaSis of material,
information and documents colleotedseekthe comments
on the allegations made in the compi’a‘int'froifi' the public
servant and competent authority and after: obtaining the
cemments of the ooncemedpublic; servant and competent
authority, Submit Within: sixty. daysfrom the date of receipt
of the reference, a report t? the Lokayukta
(3) The Lokayukta shall consider every report
received Under sub—section(2) from the inquiry Wing or
any agency and after givingan opportunity of being heard
to the public servant decide whether there exists a prime :
facie case and proceed with one or more at the following
actions, nameiy:
(a) inveStigation by any agency:
(b) initiation of the departmental probeedings or
any other appropriate action against the concerned
Provisions
relating to
complaints and
preliminary
inquiry and
whether .there exists a prima facie case for.- r'rinvesfigafiw‘
 
14
public servants by the competent authority;
(0) closure of the proceedings against the public
servant and to pI'oceed against the complainant
under section 47 ‘
(4) Every preliminary inquiry referred. to in sub,
sectidn (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 from the date of
receipt of the complaint. . . . - A - " ‘ ‘
(5) In case the Lokayukta decides-to proceed to
investigate into the complaint; it she” either' direot any“ I '-
investigation 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 may extend the said
period by a further period of six_ months for thereasons to — — - —
be reoorded in Writing
(6)_NotWIthstandInganything: contained .in section'
173of the Code of Criminal Procedure 1973, any agency
shall in respect of cases referred to it by the Lokayukta,
submit the investigation report under that section to the
court having jurisdiction and forWard a copy thereof to the
Lokayukta.
(7) The _Lokayukta shail consider every report
received by_ it under s_ub-section (6) from the investigating
agency and after obtaining the comments of the competent
authority and the public servant may -— —
(a) grant sanction to its Prosecution Wing or
investigating agency to file charge sheet or direct
closure of report before the Special Court against
the public servant;
, (b) ciirect the _competent authority. to initiate the-
departmentai proceedings ornany other appropriate,
action against the concerned'pubiic servants.
(8) The Lokayukta may, after taking a decision
under sub—section (7) on the filing of the‘ chatge—sheet, '
direct its Prosecution \NIng or any investigating agency to
initiate prosecution in the Specia‘i Coart in respect of the
cases investigated by the agency. ’
(9) The Lokayukta may, during the preliminary
inquiry or the investigation 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,
investigation as it deems fit.
15
(10) The website of the Lokayukta shall, from time
to time and in such manner as may be specified by
reguiations display to the public, the status of number of
complaints pending before it or disposed of byit.
(11) The Lokayukta may retain the originai records
and evidences which are iikeiy to be required in the
process of preliminaryInquiry or investigation or conduct of -
a case by it or by the Special Court.
(12) Save as othenivise provided, the manner and
procedure of I conducting a preliminary inquiry or
investigation (including such materiai and documents to be
made available to the public servant) underithis Act,‘ shall
be such as may be specified by regulations
,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'iikeiy to be prejudiciaiiy
affected by the preliminary inquiry,
the. Lokayukta 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 ,1
principles of natural justice.
22. Subject to the provisions of. this Act. for the purpose of
any preliminary inquiry or investigation, the Lokayukta or
the investigating agency, as the case may be, may require
any public servant or any other person who, in itsopinion
is able to furnish information or produce d9cuments
V Persons likely to
be prejudiciaily}
affected to be
heard.
Lokayukta may
. require any
pubiic servant or
, any other person
to furnish
,, information, etc.
relevant to suchpreiImInary IanIry.orInvestigationto
furnIsh any suchinformation or. produce any: such»
document
23. (1) Notwithstanding anythingcontained in section 197
of the Code of the Criminal ProcedIIre,1973 or section. 19
of the Prevention of the Corruption Act,1988, the-
Lokayukta shall havethe power to grant sanction for
20
(2) No prosecIJtion under sub-section (1) shaii be
initiated against any public servant accused of any offence“)
committed by him While acting. or purporting to act in the
dibcharge pf his official duty, and no court shaii take
cognizance of Such Offence except with the previous
sanction of the Lokayukta.
a
prosecution under clause (a) of subsection (7) of section”,
~Previous ,
sanction not
necessary for
investigation and
initiating
Prosecution by
Lokayukta in
pertain cases.
(3) Nothing contained in Subsections (1) and (2)
shall apply in respect of the persons holding office in
Action-on
investigation
against
public
servant being
' Chief
Minister,
Ministers or .
Members of
Manipur
Legislative
Assembly,
Supervisory
powers of
Lokayukta.
16
pursuance of the provisions of the Constitution of india and
in respect of which a procedure for removal of‘such person
has been specified therein.
(4) The provisions contained in sub-sections (1 )-,
(2) and (3) shall be without prejudice to the generality 'of
the provisions contained in article 31 1- and sub-ciause (c)
of clause (3) of article 320 of the Constitution of india.
24. Where, after the cbnciusion of the investigation, the
findings of the Lokayukta disclose the commission of .an
offence under'the Prevention of Corruption Act, 1988 by a
public servant refenedwto 'in_ plause (a) or clause..(b) er
clause (a) 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 its findings to the competent
authority.‘ _ I _ - - v - v ~ v -
/
CHAPTER VIII
.,,_ "PGWERS‘OFLOKAYUKTAM -. ~ ~
1
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
“investigation agency in respect of the matters in so far as
they relate to,,..the investigationby such agency under this
" Searchiandi
seizure.
Act:
Provided ' that ' while exercising powers bf '
superintendence or giving direction under this s_ubfsectionl _
the Lokayukta Shali“hot"'exei‘cifse such powers in such a
manner so? as to ' require the agenqy to which the_
'inves‘tig‘ati‘on has- been given, to investigate and dispose of '
any case in a partieular manner: . . . . . I. I .. I
26.11) if‘ the Lokayukta has reason to beiieve‘ that any
document which, in. its opinion, shail be useful for, or“
reieVant to, any investigation under-this Act, are secreted
in .. any place, it- may authoriseany agency to whom the“
ii‘Ne’stigation has been given to search for and to seize
Such-documents. - ~~ I -- - - . - .
(2) if the Lokayukta is satisfied that any document ,
seized under sUb—section (1) maybe used as evidence for
the purpose of any investigation under this Act and that it
snaii bewnecessary to retain the document in its custody or
in the custody of such offlc'er .as may be authorised, it may
so retain or direct such authorised officer to retain such
document til! the completion of such preliminary inquiry or
investigation: .
17
Provided that where any document is required to
be returned, the Lokayukta or the authorised officer may
return the same after retaining copies Cf such document
duly authenticated.
27 (1) Subject to the provisions of this section. for the,-
purpose of any preliminaryinquiry, the inquiry Wihg of the» '
Lokayukta shall haves" the powers of a civii court, under
the Code of Civil Procedure, 1908, while trying a suit in
respect of the foiiowing matters, namelyz— .
(I) ‘ summoning and enforcing the attendance
of any personand-examining him-on oath;
_(ii) requiring the discoveryand production of
any document;
(ii!) receiving evidence on (affidavits:
(iv) reauisitioning any public record or- copy
thereof from any'court'or office;
(v) issuing commissions forthe 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-
deemedto be:a jqoioial proceeding within the meaning of .
"section193of theigdian Penal Code.
28.2 (21) The Lokayukta may, for the purpose ofconductlng
any preiiminary inquiry or investigation, utilise the services
of any officer or organisation or investigation agency of the
State Government. ~ »-
(2) For the purpose'bf preliminary inquiry or"
investigatingInto any matter pertaining to such inquiry or
InvestIgatIon anyofficer or organisation or agency whose
services are utilised Under sub-sectibn (1) may, subject to.
the direction and controi of the L,_okayukta—
(a) summon and enforce the attendanoe of
any persbn and examine him; --
(b) require the disoovery and production of any“ ,
document; and
(o) reqdisition anyzjipubiic record or. eopy
thereof. from any office.
Lokayukta to
have powers of
civil court in
certain cases.
Power of
~ Lokayukta to
utilize services
of officers of
7" State
Government.
Provisional
attachment of
assets.
18
(3) The officer or organisation or agency whose
seryices are utilised under sub-section (2) shall inquire .or,
as the case may be, investigate into any matter pertaining
to the preiiminary inquiry orinvestigation and submit a
report thereon to the Lokayukta within such period as may
be specified by Mr: this behalf.
29. (1) Where the Lokayukta or any officer authorised by it
in this behalf, has reason to believe, the reason for such
belief to be recorded in writing1 on the basis of material in
his possession, that—
(a) any person is in possession of any proceeds of"
corruptien;
(D) such per$on is aécu'sed of havingmcommitted an”
offence relating to corruption; and
(c) such proceeds of offence are likely to be
concealed, transferred or dealt with in- any manner—
which may result in frustrating any proceedings
.relating to cenfiscatien ef- such proceeds of
—‘—‘Offence,
theLokayukta or the authorized officer may, by order in.
writing, provisionally attach suc_:h property for a_period not
_ eXCeeding ninétypa'ys from the date of the order, in the
manner provided in the S_econd Schedule to the income:
tax Act 1961 and the Lokayukta and the officer shall be
__ deemed to be an officer under sub—ruie.(e). of ruie 1 of that
Schedule.
(2) The-2Lokayukta or the officer a‘uth‘ori'zed in this”
behalf shall, immediately after attachment under sub—
— section (1), “forward 'a c‘opy"of"the brder ' aiong with thew
‘ material in his possession, referred to in that sub—__section,_
t6 the Special Court, in asealed envelope, in the manner
, as may be prescribed__ and su_ch Cburt may extend the
or_der of attachment and keep such materiai for such
period as the Courtmay deem fit. _ _ _ _ __
(3) Every order of, attachment made undersub—
section (1) shaii cease tarhave'effect after thefiexpiry 6f the ' ‘
period specified in that sub—section or after the expiry of
the period as directed by the Special Céurt "under" "sub: ”
section (2),
, (4) Nothing in this section shall prevent the person
interested in the enjoyment of. the immevabie property-
attached under sub—section (1) or sub—section(2) from
such enjoyment.
Explanation.——For I the purposes of this “subsection,
"‘person interested"; in relation to any immovable property,
19
includes all persons claiming or entitled to ciaim any
interest in the property.
30. (1) The Lokayukta, when it provisionallyattaches any
property under sub—section (‘1) of sectib‘n 29 shall, within a
period of thirty days Of such attachment, direct its
Prosecfbtion Wing to file an application stating the facts 'of
such attachment before the Special Court andwmakea
prayer'tor confirmation of attachment of the property tiii
completion of the_proceedings against the public servant in
the Special Court.
(2) The Special Court may‘," if it is of the opinion that
the property provisionaily attached had been acquired
through corrupt means, mak“e ah order for é‘onfinnation of
attachment of such property till the completion of the
proceedings against the pUblic servant in the Spectai
Court
(3) Ifthe public servant is subsequently acquitted of
the charges framed against him, the property, subject to
the orders of the Special Court, shall be restored to the
concerned public servant along with benefits from such
property as might have accrued during the period of
attachment
(4) If the public servant is- subsequently convicted
of the charges of corruption. the proceeds reiatabie to the
offence under the_Prevention. of Corruption2Actr,r1988 shall
be confiscated and vest in the State Government free from
anyencumbrance or ieaseheid. interestexciuding any debt
due tn any bank or financial institution. 2
Explanation.:-For the purpeses of" this sLIb—section, _the .
expressions _ffbank",. “debt" and "financjai institution? shall»
have- the meanings respectiveiy assigned to- them in
Confirmation of
attachment-of
assets.
clauses,(d) (g) and (11) of section 2: of the Recovery of I
Debts due to Banks and Financial Institutidns Act 1993.
31. (1) Without pfejudice to the pi'ovisionsof sectiens 29
and 30, where the Special Court, on the basis of prime
‘. .facie evidence has reason to believe or is satisfied that
the assets, proceeds, receipts and benefits: by whatever
name called, haVe arisen or procured by means of
coImption by the public servant, it may authorise the
confiscation of such assets, proceeds, receipts. and
benefits till his acquittal “
(2) Where an Order of confiscation made under
. sub-section (1) ismodified or annulled by the High Céurt
or where the public servant is acquitted by the” Spebiai
Court, "the assets, pi‘oceeds, receipts and benefits,2
I
Confiscation of
asSetIs,
proceeds.
receipts and
benefits arisen
or procured by
means of
“Corruption iii
special
circumstances.
Power of
Lokayukta to
recommend
transfer car
suspension
of public
servant
connected
with
allegation of
corruption.
Power of
Lokayukta to
, give
directions to
prevent
destruction of
records
during
, preliminary
inquiry.
Power to
delegate.
2O
confiscated under sub—section (1) shaii be returned to such
public servant, and in case it is not possible for any reason
to return the assets, proceeds, receipts and benefits, such
public servant shall be paid the price thereof including the
money so confiscated with the interest at the rate of five
per cent per annum thereon calculated from the date of
confiscation.
32. (1) Where the Lokayukta, while making a preliminary
inquiry into allegations of corruption,_ is prima facie
satisfied, on the basis of evidence available,—
(a) that the continuance of the pubiic servant
referred to in clause (d) or clause (a) of sub—section
(1) of section 14 in his post while conducting the
preiiminary inquiry is likely to affect such
preiiminary inquiry adversely; or
(D) such pubiic servant is likely to destroy or in any
way tamper with the evidence or influence
witnesses,
 
  
then, the Lokayukta may recommend to the State
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.
(2) The State 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.
33.2 The Lokayukta may, in the discharge of its functions
Under this Act, issue appropriate directions to a pubiic .
servant entrusted with the preparation or cUstody of any
document er 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 speciai order in
writing and subject to such conditions and iimitations 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 Members or officers or
empioyees as may be specified in the order. '
21
CHAPTER iX
SPECIAL COURTS .
35. (1) The State Government shall constitute such
number of Special Courts, as recommended by the
Lokayukta. to hear and decide the cases arising out of the
Prevention of Corruption Act, 1 988 or under this Act.
(2) The Special Courts constituted under. sub—
section (1) shali ensure completion of each trial within a
period of one year from the date of filing of the case in the
Court:
Provided that in case the trial cannot be completed
within a period of one year, the Special Court shaii record
reasons therefor and complete the trial within a further
period of not more than three- months or’ such further
petiods not exceeding three months each, for reasons to
be recorded in writing before the end of each such: three
month period, but not exceeding a totai period of two
years
36. (1) 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 appiication 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 intovran offence or
proceeding under this Act anti he is of thepopinion that
such evidence may be available in any piece in a
cqntracting State, and the SpecialCourt, on being satisfied
Special Courts
to be notified by
the State
Government.
Letter of request
to a contracting
State in certain
cases.
that such evidence is required in connection with the 7'
preliminary inquiry or investigation intb an offence or
proceeding under this Act, may issue a letter of request to
a court or an authority in the contracting State competent _
to deal with such request to—
‘(l’ examine. the facts and circumstances of
the case;
(it) take such steps as the Special Court may
_. specifyIn such letter of request; and
(iii) forward all the evidence so taken, or
collected, to the Special Court issuing such
letter of request. ’
(2) The letter of request shall be transmitted in
such manner as the State Government may prescribe in
this behalf.
Removal of
Chairperson
and Members
of Lokayukta. .
22
(3) Every statement recorded or document or thing
received under sub— section (1) shall be deemed to be
evidence collected during the course of the preiiminary
inquiry or investigation.
CHAPTER X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS
AND OFFICIALS OF LOKAYUKTA
37. (1) The Lokayukta She" not inquire into any complaint
made against the Chairperson or any Member.
(2) The Chairperson or a Member of the Lokayukta
shall not be removed from his_.off.ice except by an..order of. _.
the Governor, passed after an address by the Manipur
Legisiative Assembly support

Excerpt shown. Open the full act in Lexace.

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