The MIZORAM LOKAYUKTA ACT, 2014

The Mizoram GazetteEXTRA ORDINARY
Published by Authority
RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008
VOL - XLIII    Aizawl,   Wednesday   17.12.2014    Agrahayana   26,    S.E.  1936,   Issue No. 569
NOTIFICA TION
No. H. 12017/130/2014-LJD, the 4 th  December, 2014. The following Act is hereby re-published
for general information.
The Mizoram Lokayukta Act, 2014
(Act No. 11 of 2014)
{Received the assent of the Governor of Mizoram on the 28th November, 2014}.
Zahmingthanga Ralte,
Deputy Secretary to the Govt. of Mizoram.
Act. No. 11 of 2014
THE MIZORAM LOKAYUKTA ACT, 2014
An  Act to provide for the establishment of a body of Lokayukta for the State of Mizoram to inquire
into allegations of corruption against certain public functionaries and for matters connected therewith or
incidental thereto.
WHEREAS the Constitution of India established a Democratic Republic to ensure justice for all;
WHEREAS the Government’s commitment to clean and responsive governance has to be reflected
in effective bodies to contain and punish acts of corruption;
NOW, THEREFORE, it is expedient to enact a law to provide for prompt and fair investigation and
prosecution in cases of corruption.
It is enacted by the Mizoram Legislative Assembly in the Sixty-fifth Year of the Republic of India as
follows, namely :—
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CHAPTER –I
PRELIMINARY
1. Short Title, extent and commencement
(1) This Act may be called the Mizoram Lokayukta Act, 2014.
(2) It extends to the whole of Mizoram..
(3) It shall come into force on such date as the Government may, by notification in the Official
Gazette, appoint.
2. DEFINITIONS :( 1) In this Act unless the context otherwise requires,—
(a) “Action”means any action including administrative action taken by way of decision,
recommendation or finding or in any other manner and includes wilful failure or omission to act and all other
expressions relating to such action shall be construed accordingly.
(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 Governor of Mizoram;
(ii) a member of the Council of Ministers and Parliamentary Secretaries means the Chief Minister;
(iii) a member of State Legislature other than a Minister means the Speaker;
(iv) an officer in the Department of the State Government means the Minister in charge of
the Department under which such  0fficer 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
Parliament or of a State Legislature or wholly or partly financed by the Government of Mizoram 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 Parliament
or of a 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;
(e) “Complaint” means a complaint, in a plain paper alleging that a public servant has committed
an offence punishable under the Prevention of Corruption Act, 1988;
(f) “Corruption” includes anything made punishable under Prevention of Corruption Act, 1988 or
under the Indian Penal Code (Act 45 of 1860 )
(g) “Government” means the Government of Mizoram
(h) “Investigation” means an investigation defined under clause ( h) of section 2 of the  Code of
Criminal Procedure, 1973;
(i) “Judicial Member” means a Judicial Member of the Lokayukta appointed as such;
(j) “Lokayukta” means the body established under section 3;
(k) “Member” means a Member of the Lokayukta;
(l) “Minister” means Minister of the State Government of Mizoram but does not include the Chief
Minister;
(m) “Notification” means notification published in the Official Gazette and the expression “notify”
shall be construed accordingly;
(n) “Preliminary inquiry” means an inquiry conducted under this Act by the   Lokayukta before
proper investigation;
(o) “Prescribed” means prescribed by rules made under this Act;
(p) “Public servant” means a person defined as such in the Prevention of Corruption Act, 1988;
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;
(q) “Rules” means rules made under this Act;
(r) “Regulations” means regulations made under this Act;
(s) “Schedule” means a schedule appended to this Act;
(t) “Search Committee” means a body of persons constituted under sub-section (3) of section 4 of
this Act.
(u) “Special Court” means the court of a Special Judge appointed under sub-section (1) of section
3 of the Prevention of Corruption Act, 1988;
(v) “State” means the State of Mizoram or any other State;
(w) “Whistleblower” means any person who provides factual information with substance about
corruption in a public authority or is a witness or victim in a case of corruption before the Lokayukta or who
faces the threat of
(i) Professional harm, including but not limited to illegitimate transfer, denial  of promotion, denial
of appropriate perquisites, departmental proceedings, discrimination, or
(ii) physical harm, or
(iii) is actually subjected to any harm; because of either making a complaint to the Lokayukta
under this Act, or by any other legal action aimed at preventing or exposing corruption.
(2) The words and expressions used herein and not defined in this Act but defined in the Prevention
of Corruption Act, 1988 and the Indian Penal Code shall have the meanings respectively assigned to them
in that Act.
CHAPTER -II
ESTABLISHMENT OF LOKAYUKTA
3. Body of Lokayukta:
(1) As from the commencement of this Act, there shall be established in the State of Mizoram, by
notification in the Official Gazette, a body to be called the “Lokayukta” who would have administrative,
financial and functional independence from the government.
(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  a person qualified to be a High Court Judge or a person who fulfils the eligibility
specified in clause (a) or (b) of sub-section (3) of this section; and
(b) such number of members, not exceeding three including the Chairperson, out of whom
one shall be Judicial Member:
(3) A person shall be eligible to be appointed,—
(a) as a Judicial Member if such person
(i) is qualified to be a High Court Judge, or
(ii) has a vast knowledge of law and experience in judicial matters or courts;
(b) as a Member other than a Judicial Member, if he is a person of impeccable integrity,
outstanding ability having special knowledge and expertise of not less than twenty years in the matters
relating to anti-corruption policy, public administration, vigilance, finance including insurance and
banking, law, and management;
(c) A person appointed as chairperson or member of Lokayukta shall, before entering upon
his office, make and subscribe before the Governor, an oath or affirmation in the form as prescribed/
set out in the Schedule.
(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 person convicted of any offence involving moral turpitude;
(iii) a member of any Autonomous District Council, Village Council or Municipality;
(iv) 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/her office as the Chairperson or a Member hereof)
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or been affiliated  with any political party or carry on any business or practice any profession and accordingly,
before he/she 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 trust 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.
4. Constitution of Selection and Search Committee:
(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—Chairman;
(b) the Speaker of the Legislative Assembly—Member;
(c) the Leader of Opposition or Leader of Opposition Group in the Legislative Assembly—Member;
(d) the Chief Justice of the Gauhati High Court or any Judge nominated by him __Member
(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy
in the Selection Committee.
(3) The Selection Committee shall for the purposes of selecting the Chairperson and Members of
the Lokayukta and for preparing a panel of persons to be considered for appointment as such, constitute a
Search Committee consisting of at least five persons 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 Scheduled Castes, the Scheduled Tribes, Other Backward Classes,
Minorities and women as the case may be ;
(4) The Selection Committee shall follow the procedure prescribed in the Rules for selecting the
Chairperson and Members of the Lokayukta.
( 5 ) T h e t e r m o f th e S e a r c h C o m m i t t e e re f e r re d t o i n su b - s e c t i o n (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.
5. Appointment of Chairperson and Members:
The Governor shall take or cause to be taken all necessary steps for the appointment of a new
Chairperson and Members 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 under this Act.
6. Term of the Chairperson and Members:
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 or till attaining the age of 70 years whichever is earlier from the date on which he enters upon his
office ;
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 under this Act.
7. Salary and Allowances of Chairperson and Members:
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:
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Provided that if the Chairperson or a Member is, at the time of his/her 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. Chairperson and Members –Bar from re-employment:
(1) On ceasing to hold office, the Chairperson and every Member shall be ineligible for—
(i) re-appointment 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 a State Legislature or Autonomous District Council or Municipality or Village Council or
Panchayat within a period of five years from the date of relinquishing the post.
(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. — Fo r t h e p u r p o s e s o f t h i s s e c ti o n , i t i s h e r e b y c l a r i f i e d t h a t w h e r e t h e M e m b e r i s
appointed as the Chairperson, his/her term of office shall not be more than five years  in aggregate as the
Member and the Chairperson.
9. Member taking Charge of Chairperson:
(1) In the event of occurrence of any vacancy in the office of the Chairperson by reason of his/her
death, resignation 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 such vacancy.
(2) When the Chairperson is unable to discharge his/her functions owing to absence on leave or
otherwise, the senior-most Member available, as the Governor may, by notification, authorize in this behalf,
shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his/her
duties.
10. Appointment of Secretary to the Lokayukta, Director of Inquiry and Prosecution,
Officers and Staff of Lokayukta:
(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  Government.
(2) There shall be a Director of Inquiry and  Prosecution not below the rank of the Additional
Secretary to the State Government or equivalent, who shall be appointed by the Lokayukta.
(3) The appointment of officers and staff of the Lokayukta shall be made by the Lokayukta.
Provided that the Governor may by rule require that the appointment in respect of any post or posts
as may be specified in the rule, shall be made after consultation with the State Public Service Commission.
(4) Subject to the provisions of any law made by the 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.
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CHAPTER- III
CONSTITUTION OF DIRECTORATE OF INQUIRY/ INVESTIGA TION AND
PROSECUTION
11. Constitution of Directorate:
(1) The  Lokayukta shall, by notification, constitute Directorate of Inquiry/ Investigation and
Prosecution headed by the Director for the purpose of prosecution of public servants in relation to any
complaint before the Lokayukta under this Act:
Provided that till such time the Directorate is constituted by the Lokayukta, the State Government
shall make available such number of officers and other staff from such of its Departments including Anti
Corruption Bureau (ACB) as may be required by the Lokayukta, for conducting prosecution under this Act.
(2) The Director 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. All necessary steps shall be taken by
the Public Prosecutor appointed by Lokayukta for Prosecution of the offence punishable under the Prevention
of Corruption Act, 1988.
(3) The report referred to 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.
(4) For the purposes of assisting the Lokayukta in conducting a preliminary inquiry or investigation
u n d e r th i s A c t , th e o f f i c e rs o f th i s D i re c to ra t e s h a l l h a v e th e s am e p o w e rs a s a re c o n f e rr e d u p o n th e
Lokayukta under section 27of this Act.
CHAPTER –IV
EXPENSES OF LOKAYUKTA
12. Expenses of Lokayukta
The administrative expenses of the Lokayukta, including all salaries, allowances and pensions payable
to or in respect of the Chairperson, Members or secretary or other officers or staff of the Lokayukta, shall
be charged upon the Consolidated Fund of the State and any fees or other moneys taken by the Lokayukta
shall form part of that Fund.
CHAPTER –V
JURISDICTION IN RESPECT OF INQUIRY
13. Jurisdiction in respect of Inquiry:
(1) Subject to the other provisions of thisAct, the Lokayukta shall inquire or cause an inquiry to be
conducted into any matter pertaining to or arising from, or connected with, any allegation of corruption
made in a complaint or in a case initiated on its own motion in respect of the following, namely:— ( a) any
person who is or had been a Chief Minister, Speaker or Deputy Speaker;
(b) any other person who is or had been a Minister of the State;
(c) any person who is or had been a Member of the State Legislature;
(d) 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 had 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 Parliament or of a State Legislature or wholly or partly financed by the State
Government or controlled by it when serving or who had been such officer or employee.
(f) 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;
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(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) in receipt of any donation from the public and the annual income of which exceeds such amount as the
State Government may by notification specify or from any foreign source under the Foreign Contribution
(Regulation) Act, 2010 in excess of ten lakhs rupees in a year or such higher amount as the  Central
Government may, by notification, specify;
Explanation.—For the purpose of clauses ( f) and (g), it is hereby 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 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 pertaining to  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 prosecution  under this Act shall be initiated against the person serving under the
Central Government without obtaining approval from competent authority of 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.
14. Pending cases:
Any  matter or proceeding relating to allegation of corruption under the Prevention of Corruption Act,
1988 pending before any agency or authority prior to commencement of this Act shall stand transferred to
the Lokayukta excepting cases pending before the court.
15. Constitution of Bench:
(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 consisting of such number of  Members as the
Chairperson may deem fit;
(c) where a bench consists of the Chairperson, such bench shall be presided over by the Chairperson;
(d) 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 member who is senior to the other;
(e) the benches of the Lokayukta shall ordinarily sit at Aizawl and at such other places as the
Lokayukta may decide.
(2) Notwithstanding anything contained in sub-section ( 1), the Chairperson shall have the power to
constitute or reconstitute benches from time to time.
(3) 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 all the 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.
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16. Distribution of Business:
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 benches and also provide for the matters
which may be dealt with by each bench.
17. Transfer of pending case:
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.
18. Reference to Chairperson:
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 and such point or points shall be decided by him.
  CHAPTER-VI
              PROCEDURE IN RESPECT OF PRELIMINARY AND INVESTIGA TION
19. Procedure in respect of Preliminary Inquiry and Investigation:
(1) The Lokayukta shall, on its own motion or 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 exists 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 preliminary inquiry and on the basis of material, information and documents collected,
submit within 45(forty five) days from the date of receipt of the reference, a report to the Lokayukta.
(3) A bench consisting of at least two Members 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 aprima 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) any appropriate action against the concerned public servants by the competent authority;
(c) closure of the proceedings against the public servant.
(4) Every preliminary inquiry referred to in sub-section ( 1) shall ordinarily be completed within a
period of 45 (forty five)days from the date of receipt of the complaint.
(5) In case the Lokayukta decides to proceed to investigate into the complaint, it shall direct any
investigation agency (including any special agency) to carry out the investigation as expeditiously as possible
and complete the investigation within a period of six months from the date of its order:
Provided that the Lokayukta may extend the said period by a further period not exceeding three
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 consisting of at least two Members 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) any appropriate action against the concerned public servants by the competent authority.
(8) The Lokayukta may, after taking a decision under sub-section (7) on the filing of the chargesheet,
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(a) its prosecution Wing to initiate 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) 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.
(10) 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.
(11) 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.
20. Inquiry into the conduct of person other than the accused:
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.
21. Furnishing of Information and Documents:
Subject to the provisions of this Act, for the purpose of any preliminary inquiry or investigation, the
Lokayukta or the investigating authority, as the case may be, may require any public servant or any other
person who, in its opinion, is able to furnish information or produce documents relevant to such preliminary
inquiry or investigation, to furnish any such information or produce any such document.
22. Sanction not necessary:
(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.
(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 sub-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) a n d (3) s h a l l b e w i t h o u t p r e j u d i c e t o t h e
generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of Article 320 of the
Constitution.
23. Filing of Case:
Where  after the conclusion of the investigation by any agency, the findings of the Lokayukta disclose
the commission of an offence under the Prevention of Corruption Act, 1988 and Indian Penal Code relating
to corruption by a public servant referred to in clause (a) or clause (b) or clause (c) or clause (d) or clause
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(e) or clause (f) or clause (g) of sub-section (1) of section 13, 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.
24. Transparency in Lokayukta organization:
The Lokayukta shall maintain complete transparency in its functioning and shall ensure that full
records of any investigation or inquiry conducted under this Act after its conclusion is made public by being
put on a public web site. The Lokayukta will also ensure effective implementation of Section 4 of the Right
to Information Act, 2005 for transparency within Lokayukta except for items those covered under Section
8 of the Right to Information Act, 2005.
CHAPTER- VII
POWERS OF LOKAYUKTA
25. Powers of Lokayukta:
The Lokayukta shall, notwithstanding anything contained in any other law for the time being in force,
have the powers –
(a) to initiate suo moto appropriate action under this Act against any public servant who is alleged
to be/have been involved in any act of corruption;
(b) to exercise superintendence over day to day works of the Lokayukta and give direction to the
investigating officers for the smooth and proper investigation and after completion of the investigation;
(c) to prosecute the accused before the special court, and also to recommend punishment of
dismissal, removal or reduction in rank and also impose recovery of the loss caused to the public against the
erring public servants after giving them full opportunities of being heard. The recommendation may be
executed by the appointing authority of the Government within 6(six) months. In the event of non-execution
on the part of the concerned department the reason for non- execution is to be laid before the Mizoram
State Assembly. While recommending any action Lokayukta will duly consider distinction between bonafide
action and an action with malafide intention, and also judgement of error with and without ill-motive;
(d) to ensure the integrity of its functionaries and impose on defaulters punishment either of dismissal,
removal or reduction in rank as found deemed fit;
(e) to ensure proper prosecution of cases before Court established by competent authority;
(f) to compound the offence of corruption either
(i) by seizing and confiscating all the assets and properties which are known and admitted
that they have been accumulated by means of corrupt practices by the erring public
servant;  or
(ii) by making an order compelling thereby the defaulting public servant to recover the
entire amount of loss to the public treasury within a specified time.
(g) to issue,in case of threat perception, appropriate direction to the Government or to the concerned
authority for providing security to ensure that no physical harm or administrative harassment is caused to
the witness;
(h) to provide travelling allowance and daily allowance as per existing rates, on demand, to those
who are summoned to appear in person before the Lokayukta or the investigating agency for the purpose of
investigation.
26. Search and Seizure of Documents, Articles and  Retention thereof:
(1) I f t h e L o k ay u k t a h a s r e a s o n to b e l i e v e t h a t a n y d o c u m e n t o r ar t i c l e s as th e c a se m a y b e
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/ articles as per the provision of Cr Pc.
(2) If the Lokayukta is satisfied that any document or article seized under sub-section ( 1) may be
used as evidence for the purpose of any preliminary inquiry or investigation or trial under this Act and that
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it shall be necessary to retain the document or article 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 or article till the
completion of such preliminary inquiry or investigation or trial.
Provided that where any document or article  is required to be returned, the Lokayukta or the authorised
officer may return the same after retaining copies of such document or seized article duly authenticated.
27. Exercise of powers of Civil Court:
(1) Subject to the provisions of this section, for the purpose of any preliminary inquiry and
investigation, the Lokayukta shall have all the powers of a civil court, under the Code of Civil Procedure,
1908, 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 or article
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or copy thereof from any court or office;
(v) issueing commissions for the examination of witnesses or documents/ articles
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 ( Act 45 of 1860).
28. Utilisation of Service of Officer/ Agency of the Government:
(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 or the
Central Government including Central Bureau of Investigation (CBI).
(2) For the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry
or investigation, any officer or organization or agency whose services are utilised under sub-section ( 1)
may, subject to the direction and control of the Lokayukta,-
(a) summon and enforce the attendance of any person and examine him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office.
(3) The officer or organization 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.
29. Attachment of property:
(1) Where the Lokayukta or any investigation officer authorized 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; 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 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.
(2) The Lokayukta shall, immediately after attachment under sub-section ( 1), forward a copy of
the order, along with the material in his possession, referred to in that sub-section, to the Special Court, in a
sealed envelope, in the manner as may be prescribed and such Court may extend the order of attachment
and keep such material for such period as the Court may deem fit.
(3) Every order of attachment made under sub-section ( 1) shall cease to have effect after the
expiry of the period specified in that sub-section or after the expiry of the period as directed by the Special
Court under sub-section (2).
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(4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable
property attached under sub-section (1) or sub-section (2), from such enjoyment.
Explanation.—For the purposes of this sub-section, “person interested”, in relation to any immovable
property, includes all persons claiming or entitled to claim any interest in the property.
30. Confirmation of attachment by Special Court:
(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, 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.
(2) The Special Court may, if it is of the opinion that the property provisionally attached 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) If the 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 property and
the proceeds thereon relatable to the offence under the Prevention of Corruption Act, 1988 shall be confiscated
and vest in the Government free 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 of
the Recovery of Debts due to Banks and Financial Institutions Act, 1993.
(5) Without prejudice to the provisions of sections 29 and 30, where the Special Court, on the basis
of prima 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 corruption by the public servant, it may
authorize the confiscation of such assets, proceeds, receipts and benefits till his acquittal.
(6) Where an order of confiscation made under sub-section ( 1) is modified or annulled by the High
Court or Supreme Court or where the public servant is acquitted by the Special Court, the assets, proceeds,
receipts and benefits, confiscated under sub-section (1) shall be returned to such public servant.
31. Transfer or Suspension of Public servant:
Where the Lokayukta, while making a preliminary inquiry into allegations of corruption, isprima facie
satisfied, on the basis of evidence available, that—
(a) the continuance of the public servant referred to in clause  ( d) or clause ( e) or clause (f) of
sub-section (1) of section 13 in his post while conducting the preliminary inquiry is likely to affect such
preliminary inquiry adversely; or
(b) such public 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.
32. Power for Preservation of Documents:
The Lokayukta may, in discharge of its functions under this Act, issue appropriate directions to a
public servant entrusted with the preparation or custody of any document or record—
(a) to protect such document or record from destruction or damage; or
(b) to prevent the public servant from altering or secreting such document or record; or
(c) to prevent the public servant from transferring or alienating any assets allegedly acquired by
him through corrupt means.
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33. Delegation of Power:
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 Members or officers or employees as may be specified in the order.
CHAPTER-VIII
CONSTITUTION OF SPECIAL COURT
34. Constitution of Special Court:
(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 CorruptionAct,1988 or under this Act.
(2) The Special Courts constituted under sub-section (1) shall ensure completion of each trial
within a period of 12(twelve) months from the date of filing of the case in the Court:
Provided that in case the trial cannot be completed within a period of 12 (twelve) months, the Special
Court shall record reasons thereof and shall make all efforts to complete the trial within another period of 6
(six) months.
Provided further that adjournments should not be given without sufficient and reasonable cause.
35. Procedure for letter of Request:
(1) Notwithstanding any thing 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 authorized 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 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—
(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.
(2) The letter of request shall be transmitted in such manner as the Government may  prescribe in
this behalf.
(3) Every statement recorded or document or thing received

Excerpt shown. Open the full act in Lexace.

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