LexThe Meghalaya Lokayukta Act, 2014 (Act No. 4 of 2014)
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Postal Registration No. N. E.—771/2006‐2008
The Gazette of Meghalaya
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 74 Shillong, Thursday, March 27, 2014, 6th Chaitra, 1936 (S. E.)
PART-IV
GOVERNMENT OF MEGHALAYA
LAW (B) DEPARTMENT
ORDERS BY THE GOVERNOR
‐‐‐‐‐‐‐
NOTIFICATION
The 27
th
March, 2014.
No.LL(B)11/99/368.–The Meghalaya Lokayukta Act, 2014 (Act No. 4 of 2014)
is hereby published for general information.
MEGHALAYA ACT NO. 4 OF 2014
(As passed by the Megh alaya Legislative Assembly) Received
the assen t of the Governo r on 26th Marc h, 2014.
Published in the Gazette of Meghalaya Extra‐Ordinary issue dated 27 th March, 2014.
THE MEGHALAYA LOKAYUKTA ACT, 2014
An
Act
to provide for the establishment of a body of Lokayukta for the State of Meghalaya
to inquire into allegations of corruption against certain public functionaries and
for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Meghalaya in the Sixty-fifth
Year of the Republic of India as follows.
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Short title,
extent,
application and
commencement.
CHAPTER I
PRELIMINARRY
1. (1) This Act may be called the Lokayukta Act, 2014.
(2) It extends to the whole of Meghalaya.
(3) It shall apply to public servant.
(4) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
Definitions. 2. (1) In this Part unless the context otherwise requires,—
(a) “Act” means the Meghalaya Lokayukta Act, 2014;
(b) "Bench" means a Bench of the Lokayukta;
(c) "Chairperson" means the Chairperson of the
Lokayukta;
(d) "competent authority", in relation to –
(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 member of State Legislature other than a
Minister means the Speaker of that House;
(iv) an officer in the Department of the State
Government means the Minister-in-charge of the
Department under which such officer is serving;
(v) a chairperson or members 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 financed by
the State Government or controlled by it, means
the Minister in charge of the administrative
Department of such body, or Board or
corporation or authority or company or society or
autonomous body;
(vi) 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 financed by the State
Government or controlled 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 falling under sub-clauses (i)
to (vi) above, means such department or authority
as the State Government may, by notification,
specify:
Provided that if any person referred to in sub-
clause (v) or sub-clause (vi) is also a Member of
the State Legislature, then the competent
authority shall be the Speaker of the Legislative
Assembly;
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(e) “Governor” means the Governor of Meghalaya;
(f) “High Court” means the High Court of Meghalaya;
(g) "investigation" means an investigation defined under
clause (h) of section 2 of the Code of Criminal
Procedure, 1973;
(h) "Judicial Member" means a Judicial Member of the
Lokayukta appointed as such;
(i) “Legislature or State Legislature” means the
Legislature of the State of Meghalaya and Assembly
shall be construed accordingly;
(j) "Lokayukta" means the body established under section
3;
(j) "Member" means a Member of the Lokayukta;
(k) "Minister" means Minister of a State Government but
does not include the Chief Minister;
(l) "preliminary inquiry" means an inquiry conducted
under this Act by the Lokayukta;
(m) “prescribed” means prescribed by rules made under
this Act;
(n)“public servant” means a person referred to in clause
(a) to (h) of sub-section (1) of Section 14 but does not
include a public servant in respect of whom the
jurisdiction is exercisable by any court or other
authority under the Army Act, 1950, the Air Force Act,
1950, the Navy Act, 1957 and the Coast Guard Act,
1978 or the procedure is applicable to such public
servant under those Acts; and
(o) “State Government or Government” means the
Government of the State of Meghalaya.
(2) The words and expressions used herein and not defined in
this Part but defined in the Prevention of Corruption Act, 1988,
shall have the meanings respectively assigned to them in the said
Acts.
Establishment of
Lokayukta.
CHAPTER II
ESTABLISHMENT OF LOKAYUKTA
3. (1) As soon as after the commencement of this Act, there shall
be established, by notification in the Official Gazette, a body to be
called the “Lokayukta”.
(2) The Lokayukta shall consist of-
(a) a Chairperson, who is or has been a Chief Justice of
the High Court or a Judge of the High Court or an
eminent person who fulfils the eligibility specified in
clause (b) of sub-section (3); 1“or”
(b) 2“such number of members, not exceeding four ;or”
(c) 3“A Chairperso n and such number of members, not
exceeding four”
(3) A person shall be eligible to be appointed,-
(a) as a Judicial Member if he is or has been a Judge of
the High Court or is eligible to be a Judge of the High
Court;
1 Substituted by section 2(1) of the Meghalaya Amendment Act 2021, Earlier it read as
“land”
2 Substituted by section 2(2) of the Meghalaya Amendment Act 2021, Earlier it read as “(b)
“such number of members, not exceeding four out of whom fifty percent shall be Judicial Members.”
3 Inserted by Section 2(3) of the Meghalaya Amendment Act 2021.
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(b) as a Member other than a Judicial Member, if he is a
person of impec cable integrity, outstanding ability
having special knowledge and expertise of not less
than twenty-five years in the matters relating to anti-
corruption policy, public a dministration, vigilance,
finance including insurance and banking, law, and
management.
(4) The Chairperson or a Member shall not be —
(i) a member of Parliament or a member of the
Legislature of any State or Union territory;
(ii) a p erson convicted of any offence involving moral
turpitude;
(iii) 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;
(iv) a member of any Panchayat or Municipality or
District Council;
(v) a person who has been removed or dismissed from
service of the Union or a State, and shall not hold
any office of trust or profit (other than his office as
the Chairperson or a Member) or be connected with
any political party or carry on any business or
practice any profession and accordingly, before he
enters upon his office, a person appointed as the
Chairperson or a Member, as the case may be,
shall, if -
(a) he holds any office of tr ust or profit, resign from
such office; or
(b) he is carrying on any business, sever his
connection with the conduct and management of
such business; or
(c) he is practicing any profession, cease to practice
such profession.
1 “(5) Notwithstanding anything contained in the provisions of this
Act or any ot her law for the time being in force, the lokayukta
shall be deemed to be constituted upon the appointment of a
Chairperson or a Member.”
1 A new sub-section shall be inserted as by Section 3 (4) of the Meghalaya Amendment Act ,2021
Appointment of
Chairperson or
Members on
recommendation
of Selection
Committee.
4. (1) The Chairperson and Members shall be appointed by the
Governor after obtaining the recommendations of a Selection
Committee consisting of—
(a) the Chief Minister — chairperson;
(b) the Speaker of the Legislative Assembly — member;
(c) the Leader of Opposition in the Legislative Assembly —
member;
(d) the Chief Justice of the High Court of Meghalaya or a
Judge of the High Court nominated by him — member; (e)
an eminent person nominated by the Governor —
member.
(2) No appointment of a Chairperson or a Member shall
be invalid merely by reason of any vacancy in the
Selection Committee.
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(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 anti-corruption policy, public administration,
vigilance, policy making, finance including insurance and banking,
law, and 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 not less than fifty percent of the Members of
the Search Committee shall be from amongst the persons
belonging to the Schedule Castes, the Scheduled Tribes, Other
Backward Classes and women:
Provided further that at the commencement of this Act, the
Search Committee may submit a panel of names twice the number
of Chairperson and Members of Lokayukta for consideration by the
Selection Committee and subsequently thrice the number of
vacancies to be filled up:
Provided also 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
for selecting the Chairperson and Members of the Lokayukta which
shall be transparent.
(5) The term of the Search Committee referred to in sub-
section (3), the fees and allowances payable to its members and the
manner of selection of panel of names shall be such as may be
prescribed.
Filling of
vacancies
of Chairperson
or
Members.
5. 1“The Governor shall take or cause to be taken all necessary
steps to the appointment of at least one Member or the
Chairperson at least three months before the exp iry of the term of
such Chairperson or Member, as the case may be , in accordance
with the procedure laid down In this Act.”
2“Provided that no decision of the Lokayukta shall be
invalidated due to vacancy or non -availability or non -
appointment of the Chairperson or Members ”
1 Substituted by Section 3 of the Meghalaya Amendment Act 2021.
2 Inserted by Section 2 of Meghalaya Amendment Acts 2019.
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Term of office of
Chairperson and
Members.
Salaries,
allowance and
other condition
of service of
Chairperson and
Members.
Restriction on
employment by
Chairperson and
Members after
ceasing to hold
office.
6. (1) The Chairperson and every Member shall, on the
recommendations of the Selection Committee, be appointed by the
Governor by warrant under his hand and seal and hold office as
such for a term of five years from the date on which he enters upon
his office or until he attains the age of seventy years, whichever is
earlier:
Provided that he may –
(a) by writing under his hand addressed to the Governor,
resign his office; or
(b) be removed from his office in the manner provided in
this Act.
(2) The Chairperson and every member shall before entering
their office, make and subscribe before the Governor an oath or
affirmation in the form set out for this purpose in the Schedule.
7. The salary, allowances and other conditions of service of –
(i) the Chairperson shall be the same as those of the
Chief Justice of the High Court;
(ii) other Members shall be the same as those of a
Judge of the High Court:
Provided that if the Chairperson or a Member is, at the time of
his appointment, in receipt of pension (other than disability
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 Chairperson or, as the case may be, as a Member,
be reduced –
(a) by the amount of that pension; and
(b) if he has, before such appointment, received, in lieu of a
portion of the pension due to him in respect of such
previous service, the commuted value thereof, by the
amount of that portion of the pension:
Provided further that the 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 Member
shall be ineligible for—
(i) reappointment as the Chairperson 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
law to be made by the Governor by warrant under
his hand and seal;
(iii) further employment to any other office of profit
under the Government of India or the
Government of a State;
(iv) contesting any election of President or Vice
President or Member of either House of
Parliament or Member of either House of a State
Legislature or Municipality or District Council or
Panchayat within a period of five years from the
date of relinquishing the post.
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Member to act as
Chairperson or to
discharge his
functions in
certain
circumstances.
Secretary, other
officers and staff
of Lokayukta.
Inquiry wing.
(2) Notwithstanding anything contained in sub-section (1), a
Member shall be eligible to be appointed as a Chairperson, if his
total tenure as Member and Chairperson does not exceed five
years.
Explanation. - For the purposes of this section, it is hereby
clarified that where the Member is appointed as the Chairperson,
his term of office shall not be more than five years ten in aggregate
as the Member and the Chairperson.
9. (1) In the event of occurrence of any vacancy in the office of the
Chairperson by reason of his death, resignation or otherwise, the
Governor may, by notification, authorise the senior-most Member
to act as the Chairperson until the appointment of a new
Chairperson to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions
owing to absence on leave or otherwise, the senior-most Member
available, as the Governor may, by notification, authorise in this
behalf, shall discharge the functions of the Chairperson until the
date on which the Chairperson resumes his duties.
10. (1) There shall be a Secretary 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 shall be a Director of Inquiry and 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 a panel of names sent by the State Government.
(3) The appointment of officers and staff of the Lokayukta shall
be m ade by the Chairp erson 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.
(4) Subject to the provisions of a ny law made by the State
Legislature, the conditions of service of secretary and other officers
and staff of the Lokayukta shall be such as may be specified by
regulations made by the Lokayukta for the purpose:
Provided that the regulations made under this sub-section
shall, so far as they relate to salaries, allowances, leave or
pensions, require the approval of the Governor after obtaining
concurrence from Government.
CHAPTER III
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
preliminary inquiry into any offence alleged to have been
committed by a public servant punishable under the Prevention of
Corruption Act, 1988:
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Provided that till such time the Inquiry Wing is constituted by
the Lokayukta, the State Government shall make available such
number of officers and other staff from such of its Departments, as
may be required by the Lokayukta, for conducting preliminary
inquiry under this Act.
(2) For the purposes of assisting the Lokayukta in conducting a
preliminary inquiry under this Act, the officers of the Inquiry Wing
not below the rank of Under Secretary to that Government, shall
have the same powers as are conferred upon the Lokayukta under
1“section 33”.
CHAPTER IV
PROSECUTION WING
1 Substituted by Section 2 of the Meghalaya Lokayukta Amendment Act 2023.Earlier it reads as “section 88”
Appointment of
Director of
Prosecution.
Expenses of
Lokayukta to
be charged on
consolidated
Fund of State.
12. (1) The Lokayukta shall, by notification, constitute a
Prosecution Wing headed by the Director of Prosecution for the
purpose of prosecution 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 such of its
Departments, as may be required by the Lokayukta, for conducting
prosecution under this Act.
(2) 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, before the Special Court, and
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.
(3) The report under sub-section (2) shall be deemed to be a
report filed on completion of investigation, referred to in section
173 of the Code of Criminal Procedure, 1973.
CHAPTER V
EXPENSES OF LOKAYUKTA TO BE CHARGED ON
CONSOLIDATED FUND OF STATE
13. The administrative expenses of the Lokayukta, including all
salaries, allowances and pensions payable to in respect of the
Chairperson, Members or Secretary or other officers or staff of the
Lokayukta, shall be charged upon the Consolidated Fund of State
and any fees or other moneys taken by the Lokayukta shall form
part of that Fund.
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Jurisdiction of
Lokayukta to
include Chief
Minister,
Ministers and
Member of
Legislature and
officers and
employees of
State
Government.
CHAPTER VI
JURISDICTION INRESPECT OF INQUIRY
14. (1) Subject to the other provisions of this Act, the Lokayukta
shall inquire or cause an inquiry to be conducted into any matter
involved in, or arising from, or connected 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 and
Deputy Chief Minister;
(b) any person who is or has been a Speaker and Deputy
Speaker;
(c) any other person who is or has been a Minister,
Minister of the State, Parliamentary Secretary, Deputy
Minister, Leader of Opposition, Government Chief Whip and
Opposition Chief Whip and such other function of the
State Legislative Assembly and Chairman, Co- Chairman,
Vice-Chairman or Deputy Chairman appointed by
Government or authority under Government;
(d) any person who is or has been a Member of the State
Legislature;
(e) all officers and employees of the State, from amongst
the public servants defined in sub-clauses (i) and (ii) of
clause (c) of section 2 of the Prevention of Corruption
Act, 1988 when serving or who has served, in
connection with the affairs of the State;
(f) any person who is or has been a Chairperson or
Member or officer or employee in any body or Board or
corporation or authority or company or society or trust
or autonomous body or District Council (by whatever
name called) established by an Act of Parliament or of a
State Legislature or wholly or partly financed by the
State Government or controlled by it;
(g) any person who is or has been a director, manager,
secretary or other officer of every other society or
association of persons or trust (whether registered
under any law for the time being in force or not), by
whatever name called, wholly or partly financed or aided
by the State Government and the annual income of
which exceeds such amount as the State Government
may, by notification, specify; and
(h) any person who is or has been a director, manager,
secretary or other officer of every other society or
association of persons or trust (whether registered
under any law for the time being in force or not), by
whatever name called, in receipt of any donation from
any foreign source under the Fo reign Contribution
(Regulation) Act, 2010 in excess of ten lakh rupees in a
year or such higher amount as the State Government
may, by notification, specify.
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Explanation.—For the purpose of clauses (g) and (h), it is
hereby clarified that any entity or institution, by whatever name
called, corporate, society, trust, association of persons,
partnership, sole propr ietorship, 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 shall be
deemed to be a public servant under clause (c) of section 2 of the
Prevention of Corruption Act, 1988 and the provisions of that Act
shall apply accordingly.
(2) Notwithstanding anything contained in sub-section (1), the
Lokayukta shall not inquire into any matter involved in, or arising
from, or connected with, any such allegation of corruption against
any Member of the State Legislature in respect of anything said or
a vote given by him in the State Legislature or any committee
thereof covered under the provisions contained in clause (2) of
article 194 of the Constitution.
(3) The Lokayukta may inquire into any act or conduct of any
person other than those referred to in sub-section (1), if such
person is involved in the act of abetting, bribe giving or bribe
taking or conspiracy relating to any allegation of corruption under
the Prevention of Corruption Act, 1988 against a person referred to
in sub-section (1):
Provided that, no action under this section shall be taken in
case of a person serving in connection with the affairs of the Union,
without the consent of the Central Government.
(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.
Explanation.—For the removal of doubts, it is hereby
declared that a complaint under this Act shall only relate to a period
during which the public servant was holding or serving in that
capacity.
Matter pending
before any court
or committee or
authority for
inquiry before
Lokayukta not
to be effected.
15. In case any matter or proceeding related to all egation
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.
Constitution of
benches of
Lokayukta.
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 shall ordinarily consist of at least one
Judicial Member;
(d) where a bench consists of the Chairperson, such
bench shall be presided over by the 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;
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(f) the benches of the Lokayukta shall ordinarily sit at
Capital of the State and at such other places as the
Lokayukta may, by regulations, specify.
(2) The Lokayukta shall notify the areas in relation to
which each bench of the Lokayukta may exercise jurisdiction.
(3) Notwithstanding anything contained in sub-section (2),
the Chairperson shall have the power to constitute or reconstitute
benches from time to time.
(4) If 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 three 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.
Distribution of
business
amongst
benches.
17. Where benches are co nstituted, the Chairp erson may,
from time to time, 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.
Power of
Chairperson to
transfer cases.
18. On an application for transfer made by the complainant or the
public servant, the Chairperson, after giving an opp ortunity
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.
Decision to be by
majority.
19. If 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 either hear the point or points himself
or refer the case for hearing on such point or points by one or
more of the other Members of the Lokayukta and such point or
points shall be decided according to the opinion of the majority
of the Members of the Lokayukta w ho have heard the case,
including those who first heard it.
CHAPTER VII
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION
Provisions
relating to
complaints and
preliminary
inquiry and
investigation.
20 (1) The Lokayukta shall, on receipt of a complaint, first decide
whether to proceed in the matter or close the same and if the
Lokayukta decides to proceed further, it shall order the
preliminary inquiry against any public servant by its Inquiry
Wing or any agency (including any special investigation agency)
to ascertain whether there exist a prima facie case for proceeding
in the matter.
(2) During the preliminary inquiry referred to in sub section
(1), the Inquiry Wing or any agency shall conduct a prelim inary
inquiry and on the basis of material, information and documents
collected, seek the comments on the allegations made in the
complaint from the publ ic servant and c ompetent authority and
after obtaining the comments of the concerned public
servant and competent authority, submit, within sixty days
from the date of receipt of the reference, a report to the
Lokayukta.
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(3) A ben ch 1“___________________________” of the Lokayukta
shall consider every report received under sub-section (2) from the
Inquiry 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 action against the concern ed public servants
by the competent authority;
(c) closure of the proceedings against the public servant and
take action to proceed against the complainant under section
47.
(4) 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 from the date of receipt of the complaint.
(5) In case the Lokayukta decides to p roceed to investigate
into the complaint, it shall either direct any investigation
agency (including any special agency) to carry out the
investigation as expeditiously as possible and complete t he
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 not exceeding six months at a time for the
reasons to be recorded in writing.
(6) Notwithstanding anything contained in section 173 of
the Code of Criminal Procedure, 1973, any investigation
agency (including any special agency) shall, in respect of cases
referred to it by the Lokayukta, submit the investigation
report to the Lokayukta.
(7) A bench 2“____________________________” of the
Lokayukta shall consider every report received by it under
sub- section (6) from any investigation agency (including any
special agency) and may, decide as to –
(a) file charge-sheet or closure report before the Special
Court against the public servant;
(b)initiate the departmental proceedings or any other
appropriate action against the concerned public
servants by the competent authority.
(8) T he Lokayukta may, after taking a decision under
sub- section (7) on the filing of the charge- sheet, direct its
Prosecution Wing to initiate prosecution in a Special Court in
respect of cases investigated by a ny investigation agency
(including any special agency),—
1 Deleted by Section 4(1) of the Meghalaya Lokayukta Amendment Act 2021.
2 Deleted by Section 4(2) of the Meghalaya Lokayukta Amendment Act 2021.
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(a) its Prosecution Wing to i nitiate prosecution in the
Special Court in respect of the cases investigated by
the investigation agency (including any special
agency); or
(b) any other agency in respect of the cases investigated
by such agency on the direction of Lokayukta to obtain
its approval and thereafter initiate prosecution in the
Special Court and forward a copy of charge-sheet filed
by it under this clause to the Lokayukta for the
purposes of superintendence .
(9) T he 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.
(10) 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.
(11) 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.
(12) Save as ot herwise 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.
Persons likely to
be prejudicially
affected to be
heard.
Lokayukta may
require any
public servant or
any other
persons to
furnish
information.
Previous sanction
not necessary for
investigating and
initiating
prosecuting by
Lokayukta in
certain cases.
21. If, at any stage of the proceeding, the Lokayukta –
(a) considers it necessary to inquire into the conduct of any
person other than the accused; or
(b) is of opinion that the reputation of any person other
than an accused is likely to be prejudicially affected by the
preliminary inquiry, 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 principles of natural justice.
22. Subject to the provisions of this Act, for the purpose of any
preliminary inquiry or in vestigation, 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 ab le 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) No sanction or approval of any authority shall be required
by the Lokayukta for conducting investigation by any agency in
respect of the cases investigated by such agency on the direction of
the Lokayukta, under section 197 of the Code of Criminal
Procedure, 1973 or section 19 of the Prevention of Corruption Act,
1988, as the case may be, for the purpose of making preliminary
inquiry by the Inquiry Wing or investigation by any agency into any
complaint against any public servant or for filing of any charge
sheet or closure report on completion of investigation in respect
thereof before the Special Court under this Act.
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Previous sanction not
necessary for
investigating and
initiating prosecuting by
Lokayukta in certain
cases.
23. (1) No sanction or approval of any authority shall
be required by the Lokayukta for conducting
investigation by any agency in respect of the cases
investigated by such agency on the direction of the
Lokayukta, under section 197 of the Code of
Criminal Procedure, 1973 or section 19 of the
Prevention of Corruption Act,1988, as the case may be,
for the purpose of making preliminary inquiry by the
Inquiry Wing or i nvestigation by any agency into any
complaint against any public servant or for filing of
any charge sheet or closure report on completion of
investigation in respect thereof before the Special Court
under this Act.
(2) A Special Court may, notwithstanding anything
contained in section 197 of the Code of Criminal
Procedure, 1973 or section
19 of the Prevention of Corruption Act, 1988, on filing of
a charge sheet on completion of investigation, by the
Lokayukta or any officer authorised by it in this
behalf, take cognizance of offence committed by any
public servant.
(3) Nothing contained in s ub-sections (1) and (2)
shall apply in respect of the persons holding the office in
pursuance of the provisions of the Constitution 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 311
and sub-clause (c) of clause (3) of article
320 of the
Constitution.
Action on inquiry against
public servant being Chief
Minister, Ministers or
Member of State
Legislature.
24. Where, after the conclusion 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 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 its
findings to the competent authority.
CHAPTER VIII
POWERS OF LOKAYUKTA
Supervisory powers of
Lokayukta.
25. The Lokayukta shall, not withstanding 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 maters
in so far as they relate to the investigation by such
agency under this Act.
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Search and seizure.
26. (1) If the Lokayukta has reason 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 w hom the
investigation has been given to search for and to seize such
documents.
(2) If the Lokayukta is satisfied that any
document seized under sub-section (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:
Provided that where any document is requ ired to be
returned, the Lokayukta or the authorised officer may
return the same after retaining copies of such document
duly authenticated.
Lokayukta to have
powers of civil court
in certain cases.
27. (1) Subject to the provisions of this section, for the
purpose of any preliminary inquiry, the Inquiry Wing of
the Lokayukta shall have all the powers of a C ivil
Court, under the Code of Civil Procedure, 1908, while
trying a suit in respect of the following matters,
namely: -
(i) summoning and enforcing the attendance
of any person and examining him on oath;
(ii) requiring the discovery and production
of any document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or copy
thereof from any court or office;
(v) issuing commissions for the examination of
witnesses or documents:
Provided that such commission, in case
of a witness, shall be issued only where the
witness, in the opinion of the Lokayukta, is not
in a position to attend the proceeding before the
Lokayukta; and
(vi) such other matters as may be prescribed.
(2) Any proceeding before the Lokayukta shall be
deemed to be a judicial proceeding within the meaning
of section 193 of the Indian Penal Code.
Power of Lokayukta to
utilize services of
officers of State
Government.
28. (1) The Lokayukta may, for the purpose of conducting
any preliminary inquiry or investigation, utilise the
services of any officer or organisation or investigation
agency of the State Government.
(2) For the purpose of prelim inary 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 direction and control of the Lokayukta,-
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(a) summon and enforce the attendance of any person and
examine him;
(b) require the discovery and production of any
document; and
(c) requisition any public record or copy thereof from any
office.
(3) The officer or organis ation or agency whose services
are utilised under sub-section (2) shall inquire or, as the case
may be, investigate into any matter pertaining to the
preliminary inquiry or investigation and submit a report
thereon to the Lokayukta within such period as may be
specified by it in this behalf.
Provisional
attachment of assets.
29. (1) Where the Lokayukta or any investigation officer
authorised by it in this behalf, has reason 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 corruption;
(c) su ch proceeds of offence 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 offence,
he 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 provided in the
Second Schedule to the Income-tax Act, 1961 and
the Lokayukta shall be deemed to be an officer
under sub-rule (e) of rule 1 of that Schedule.
(2) The Lokayukta shall, immediately after
attachment under sub-section (1), forward a copy of
the order, along with the material in his possession,
referred to in that sub-section, to the Special Court,
in a sealed envelope, in the manner as may be
prescribed and such Court may extend the order of
attachment and keep such material for such period as
the Court may deem fit.
(3) Every order of att achment made under sub-
section (1) shall cease to have effect after the expiry of
the period specified in that sub-section or after the
expiry of the period as directed by the Special Court
under sub-section (2).
(4) Nothing in this section shall prevent the
person interested in the enjoyment of the immovable
property attached under sub- section (1) or sub-
section (2), from such enjoyment.
Explanation.—For the purposes of this sub-
section, "person interested", in relation to any
immovable property, includes all persons claiming or
entitled to claim any interest in the property.
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Confirmation of
attachment of assets.
30. (1) 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 m ake a
prayer for confirmation of attachment of the property
till completion of the proceedings against the public
servant in the Special Court. Excerpt shown. Open the full act in Lexace.