The Mizoram Lok Ayukta Bill, 2014

NOTIFICA TION
Whereas the Government of Mizoram is fully committed to root out corruption in all its forms and
at all levels which has been one of the main agenda to achieve a good governance for the people of
Mizoram and whereas the Government despite its deep earnesty to enact the Lok A yukta Bill could not
do so due to reasons beyond its control;
Whereas after the passage of the Lok Pal and Lok A yukta Act, 2013 (Act No. 1 of 2014) by the
Parliament and by virtue of section 63 of the said Act, the State government is under obligation to establish
a body to be known as Lok Ayukta within one year from the date of commencement of the Act and the
Government of India has notified 16.1.2014 as the effective date for implementation of the Lok Pal and
Lok A yukta Act, 2013;
And whereas, the Government of Mizoram has drafted the Mizoram Lok A yukta Bill 2014 and
held wide consultations with various NGOs, Political parties and prominent citizens and on the strength of
the resolution adopted by the consultations, a drafting committee consisting of various stakeholders,
prominent citizens and academicians besides Government officials was constituted which scrutinized and
improved the Bill from various inputs and suggestions and made the Bill ready for its introduction in the
Legislative Assembly;
And whereas the Government of Mizoram has decided that the Bill be published in the Mizoram
Gazette inviting further comments, suggestions for improvement or objections if any on the provisions of
the Bill from the public; and it is hereby informed that such comments, suggestions or objections if any
shall be submitted to the Secretary to the Government of Mizoram Law & Judicial Department Room
No.014 & 015 New Secretariat Complex, Khatla within a period of one month (30 days) from the date
of publication of this Bill in the Gazette;
Accordingly, the Mizoram Lok A yukta Bill, 2014 is hereby published as follows, namely :-
The Mizoram Lok A yukta Bill, 2014
The Mizoram GazetteEXTRA ORDINARY
Published by Authority
RNI No. 27009/1973      Postal Regn. No. NE-313(MZ) 2006-2008
VOL - XLIII     Aizawl,    Tuesday   5.8.2014    Sravana  14,     S.E.  1936,     Issue   No. 398
Chapter-I
PRELIMINARY
Sections
1. Short Title and extent of the Act
2. Definitions
Chapter II
                                           EST A BLISHMENT OF LOKA Y U KT A
3. Body of Lokayukta
4. Constitution of  Selection and Search Committee
5. Appointment of Chairperson  & Members
6. Term of the Chairperson and Members
7. Salary and Allowances of Chairperson and Members
8. Chairperson and Members – Bar from re-employment
9. Member taking Charge of Chairperson
10. Appointment of Secretary to the Lokayukta, Director of Inquiry and Prosecution, Officers  and Staff
of Lokayukta
Chapter III
CONSTITUTION OF DIRECTORA TE OF INQUIRY ,INVESTIGA TION AND
PROSECUTION
11. Constitution of Directorate
Chapter IV
EXPENSES OF LOKAYUKTA
12. Expenses of Lokayukta
C h a p t e r V
JURISDICTION IN RESPECT OF INQUIRY
13. Jurisdiction in respect of Inquiry
14. Pending cases
15. Constitution of Bench
16. Distribution of Business
17. Transfer of pending case
18. Reference to  Chairperson
Chapter VI
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGA TION
19. Procedure in respect of Preliminary Inquiry and Investigation
20. Inquiry into the Conduct of Person other than the Accused.
21. Furnishing of information and Documents
22. Sanction not necessary
23. Filing of Case
24. Transparency in Lokayukta organization
- 2 -Ex-398/2014
Chapter VII
POWERS OF LOKAYUKTA
25. Powers of Lokayukta
26. Search and Seizure of Documents,
27. Exercise of powers of Civil Court
28. Utilization of Service of Officer/Agency of the Government
29. Attachment of Property
30. Confirmation of Attachment by Special Court
31. Transfer or Suspension of Public Servant
32. Power for Preservation of Documents
33. Delegation of Power
Chapter VIII
CONSTITUTION OF SPECIAL COURT
34. Constitution of Special Court
35. Procedure for letter of Request
Chapter IX
COMPLAINT AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF
LOKA YUKTA
36. Complaint against Chairperson, Members and Officials of Lokayukta
37. Complaint Against officials of Lokayukta
C h a p t e r X
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY THE SPECIAL  COURT
38. Assessment of loss and recovery thereof by the Special Court
Chapter XI
FINANCE, ACCOUNTS AND AUDIT OF LOKAYUKTA
39. Finance, Accounts and Audit of Lokayukta
40. Provision of Fund
41. Maintenance of Accounts
42. Furnishing of Returns and Statements
Chapter XII
DECLARA TION OF ASSETS
43. Declaration movable & immovable of Assets
44. Failure to Declare Assets or giving misleading information
Chapter XIII
OFFENCES AND PENALTIES
45. Offences and Penalties
46. Offences by Society, Association or Trust
- 3 - Ex-398/2014
Chapter XIV
REPORT TO GOVERNOR & MISCELLANEOUS
47. Report to Governor
48. Protection of Public Servant Against things done in good faith
49. Protection of Lokayukta or Officials of Lokayukta
50. Chairpersons, Members and Official to be public servant
51. Bar of Civil Court jurisdiction
52. Provision of Legal Assistant
53. Provision to have overriding effect
54. Act not in derogation of other laws
55. Power to punish for contempt
56. Whistle Blower Protection
57. Power to make Rules
58. Power to make Regulations
59. Rule and Regulation to be laid before the Assembly
60. Power to remove difficulties.
- 4 -Ex-398/2014
THE MIZORAM LOKA YUKTA BILL, 2014
A BILL 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.
BE it enacted by Mizoram Legislative Assembly in the Sixty-fifth Year of the Republic
of India as follows, namely :—
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 willful 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;
- 5 - Ex-398/2014
(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 referred to in clauses (a) to (g) 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;
(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 State of Mizoram;
(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 treat 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 curruption.
(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—
- 6 -Ex-398/2014
(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); 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 subcribe 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) 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—Chairperson;
(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 ;
- 7 - Ex-398/2014
 (4) The Selection Committee shall follow the procedure prescribed in the Rules for selecting the
Chairperson and Members of the Lokayukta.
(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.
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 in 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 in 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:
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.
- 8 -Ex-398/2014
(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/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.
CHAPTER- III
CONSTITUTION OF DIRECTORA TE 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 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
under this Act, the officers of this Directorate shall have the same powers as are conferred
upon the Lokayukta under section 27.
- 9 - Ex-398/2014
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 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 involved in, 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 and 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;
(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 involved in, or arising from, or connected with, any such allegation of corruption against
- 10 -Ex-398/2014
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 Prevenction 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.
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.
- 11 - Ex-398/2014
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 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 preliminary inquiry and on the basis of material, information and documents
collected, submit within seven 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 7 (seven)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,
direct –
(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 .
- 12 -Ex-398/2014
(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) 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.
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 (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.
- 13 - Ex-398/2014
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 have 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 apportunities of being heard. The
recommendation shall 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.
26. Search and Seizure of Documents, Articles and  Retention thereof:
(1) If the Lokayukta has reason to believe that any document or articles as the case may be
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 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.
- 14 -Ex-398/2014
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, 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 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.
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).
(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.
- 15 - Ex-398/2014
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, direct its prosecution wing to file an
application stating the facts of such attachment before the Special Court and make a prayer
for confirmation of attachment of the property till completion of the proceedings against the
public servant in the Special Court.
(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 c

Excerpt shown. Open the full act in Lexace.

‹ Prev All Mizoram acts Next ›