LexThe ODISHA LOKAYUKTA ACT, 2014
Odisha · state statute
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EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1011 , CUTTACK, SATURDAY, JUNE 23, 2018 / ASADHA 2, 1940
LAW DEPARTMENT
NOTIFICATION
The 23th June, 2018
No.6523 —I-Legis -3/2014/L —The following Act of the Odish a Legislative
Assembly having been assented to by the President on the 16th January,2015 is
here by published for general information.
ODISHA ACT 12 OF 2018
THE ODISHA LOKAYUKTA ACT, 2014
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY OF
LOKAYUKTA FOR THE STATE OF ODISHA 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 Odisha in the
Sixty-fifth Year of the Republic of India, as follows:—
CHAPTER –I
PRELIMINARY
1. (1) This Act may be called the Odisha Lokayukta Act, 2014.
(2) It extends to the whole of the State of Odisha.
(3) It shall be applicable to the public servants of the State of Odisha
serving in and outside the State and the public servants under the control
of Government of Odisha.
Short title,
extent,
application and
commencement.
2
(4) It shall come into force on such date as the Government may, by
notification, appoint.
2. (1) In this Act, unless the context otherwise requires,—
(a) "bench" means a bench of the Lokayukta;
(b) "Chairperson" means the Chairperson of the Lokayukta;
(c) "competent authority", in relation to—
(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 Legislative Assembly other than a
Minister, means the Speaker of the Legislative Assembly;
(iv) an officer in any Department of the Government, means the
Minister- in- charge of the Department under which such
officer is serving ;
(v) a Chairperson or member of any Body or Board or
corporation or Local authority or company or society or
autonomous Body (by whatever name called) establish ed
or constituted under any Act of the Legislature of the State
or wholly or partly financed by the Government or
controlled by it, means the Minister -in- charge of the
Department of such Body or Board or corporation or
authority or company or society or autonomous body:
Provided that if such Chairperson or member is also a member
of the State Legislative Assembly, then the competent authority shall be
the Speaker of the Legislative Assembly;
(vi) an officer of any Body or Board or corporation or Local
authority or company or society or autonomous body (by
whatever name called) established or constituted under an y
Act of the Legislature of the State or wholly or partly
financed by the Government or controlled by it, means the
head of such Body or B oard or corporation or authority or
company or society or autonomous body; and
Definitions.
3
(vii) any other case not falling under sub-clauses (i) to (vi) above,
means such Department or authority as the Government
may, by notification, specify;
(d) “complaint” means a complaint, made in such form as may be
prescribed, alleging that a public servant has committed an
offence punishable under the Pr evention of Corruption
Act,1988;
(e) “Government” means the Government of Odisha;
(f) "investigation" means an investigation as defined under clause
(h) of section 2 of the Code of Criminal
Procedure, 1973;
(g) "Judicial Member" means a Judicial Member of the Lokayukta;
(h) "Lokayukta" means the body established under section 3;
(i) "Member" means a Member of the Lokayukta;
(j) "Minister" means Minister of the Government but does not
include the Chief Minister;
(k) “notification” means notification published in the Official Gazette
and the expression “notify” shall be construed accordingly;
(l) “preliminary inquiry” means an inquiry conducted under this Act;
(m) “prescribed” means prescribed by rules;
(n) “public servant” means a person referred to in clauses (a) to (h )
of sub-section (1) of section 14 but does not include a public
servant in respec t 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 C oast Guard
Act, 1978 or the procedure is applicable to such public
servant under those Acts;
(o) ‘regulations” means regulations made under this Act;
(p) “rules” means rules made under this Act; and
(q) “Special Court” means the court of a Special Judge appointed
under sub -section (1) of section 3 of the Prevention of
Corruption Act , 1988 and includes the Special Courts
established under section 3 of the Odisha Special Courts Act,
2006.
49 of
1988.
2 of
1974.
45 of 1950.
46 of 1950.
62 of 1957.
30 of 1978.
49 of
1988.
Odisha
Act 9 of
2007.
4
(2) The words and expressions used herein and not defined in this Act
but defined in the Pre vention of Corruption Act, 1988 and in the Code of
Criminal Procedure,1973, shall have the meanings respectively assigned
to them in those Acts.
CHAPTER-II
ESTABLISHMENT OF LOKAYUKTA
3. (1) After the commencement of this Act, the Government shall, by
notification, establish, for the purpose of this Act, a body called the
Lokayukta for the State of Odisha.
(2) The Lokayukta shall consist of —
(a) a Chairperson, who is or has been a Chief Justice of a High
Court or a Judge of a High Court or an eminent person who
fulfils the eligibility specified in clause(b ) of sub-section (3);
and
(b) five Members, out of whom two shall be Judicial Members.
Provided that at least one member other than the judicial
members, shall be from Scheduled Castes, Scheduled
Tribes, Other Backward classes, Minorities or women.
(3) A person shall be eligible to be appointed,—
(a) as a Judicial Member if he is or has been a Judge of a High
Court;
(b) as a Member other than a Judicial Member, if he is a person
of impeccable integrity and outstanding ability having
special kn owledge and expertise of not less than twenty
years in the matters relating to public administration ,
finance includ ing insurance and banking, law , anti-
corruption policy or management.
(4) The Chairperson or a Member shall not be—
(a) a member of Parliament or a member of the Legislature of
any State or Union Territory;
(b) a person convicted of any offence involving moral turpitude;
(c) a person of less than fifty years of age, on the date of assuming
office as Chairperson or Member, as the case may be;
(d) a member of any Panchayat or Municipality;
Establishment of
Lokayukta.
49 of
1988.
2 of
1974.
5
(e) a person who has been removed or dismissed from service of
the Union or a State; or
(f) a person holding any office of trust or profit (other than his
office as the Chairperson or a Member) or person connected
with any political party or carry on any business or practise
any profession,
and accordingly, before he enters upon his office, as the Chairperson
or a Member, as the case may be, shall, if—
(i) he holds any office of trust or profit, resign from such office;
or
(ii) he is carrying on any business, sever his connection with
the conduct and management of such business; or
(iii) he is practising any profession, cease to practise such
profession.
4. (1) The Chairperson and Members shall be appointed by the Governor
by warrant under his hand and seal after obtaining the recommendations of
a Selection Committee consisting of—
(a) the Chief Minister—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 Orissa High Court or a Judge of the
said High Court nominated by the Chief Justice—Member;
(e) one eminent jurist as recommended by the Chairperson and
members reffered to in clauses (a) to (d) 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.
(3) The Selection Committe e shall, for the purposes of selecting the
Chairperson and Members of the Lokayukta and for preparing a panel of
persons to be considered for appointment as such, constitute a Search
Committee consisting of at least five persons of standing and having
special knowledge and expertise in the matters relating to public
administration, finance including insurance and banking, law, anti-
corruption policy , management, or in any other matter which, in the
Appointment
of Chairperson and
Members on
recommendation of
Selection Committee.
6
opinion of the Selection Committee, may be useful in making selection of
the Chairperson and Members of the Lokayukta:
Provided that the Selection Committee may also consider any person
other than the persons recommended by the Search Committee.
(4) The Selection Committee shall regulate its own procedure in a
transparent manner for selecting the Chairperson and Members 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. The Chairperson and every Member shall, 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 section
37.
6. 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.
7. The salary, allowances and other conditions of service of—
(a) the Chairperson shall be the same as those of the Chief
Justice of the High Court of Orissa;
(b) other Members shall be the same as those of a Judge of the
High Court of Orissa:
Provided that if the Chairperson or a Member is, at the time of his
appointment, in receipt of or has become entitled to receive pension
(other than disability pension) in respect of any service or previous
service under the Government of India or under the Government of a
State or a s Chief Justice or as a Judge of a High Cour t, his salary in
respect of service as the Chairperson or, as the case may be, as a
Member, be reduced—
(i) by the amount of that pension; and
Filling of
vacancies of
Chairperson
or Members.
Salary, allowances
and other conditions
of service of
Chairperson and
Members.
Term of Office of
Chairperson and
Members.
7
(ii) 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 t he Government or corporation,
company, society, local authority or autonomous body as
referred to in sub-clauses (v) and (vi) of clause (c) of sub -
section(1) of section 2;
(iv) contesting any election of President or Vice President of India
or Member of either House of Parliament or Member of
either House of a State Legislature or of Municipality 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.— 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 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 not ification, authorise the senior -most Member to act
Restriction on
employment by
Chairperson and
Members after
ceasing to hold
office.
Member to act as
Chairperson or to
discharge his
functions in certain
circumstances.
8
as the Chairperson until the appointment of a new Chairperson is made to
fill such vacancy.
(2) When the Chairperson is unable to discharge his functions
owing to absence on leave or otherwise, th e 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 or more than one Secretary to the
Lokayukta, who is or has been, in the rank of Secretary to the
Government or District Judge in the State and 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 a Director of Prosecution
not below the rank of the Additional Secretary to the Government or
District Judge or equivalent, who shall be appointed by the Chairperson
from a panel of names sent by the Government.
(3) The appointmen t of officers and staff of the Lokayukta shall be
made by the Chairperson or such Member or officer of Lokayukta as the
Chairperson may direct:
Provided that the Governor may , by rule , require that the
appointment in respect of any post or posts as may be specified in the
rule, shall be made after consultation with the State Public Service
Commission.
(4) Subject to the provisions of any law made by the Legislature of
the State 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
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 inq uiry
Secretary, other
officers and staff of
Lokayukta.
Inquiry Wing.
9
into any offence alleged to have been committed by a public servant
punishable under the Prevention of Corruption Act, 1988:
Provided that till such time the Inquiry Wing is constituted by the
Lokayukta, the Government shall make available such numbe r 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 offi cers of the Inquiry Wing not
below the rank of Under Secretary to th e Government, shall have the
same powers as are conferred upon the Lokayukta under section 28.
CHAPTER-IV
PROSECUTION WING
12. (1) The Lokayukta shall, by notification, constitut e a Prosecution
Wing headed by the Director of Prosecution who is or has been in the
rank of Director of Public Prosecution of the State for the purpose of
prosecution of public servants in relation to any complaint made before
the Lokayukta under this Act:
Provided that till such time the Prosecution Wing is constituted by
the Lokayukta, the Government shall make available such number of
officers and other staff from such of its Departments, as may be required
by the Lokayukta, for conducting prosecution under this Act.
(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 as per sub -section (6) of section 20 , before the
Special Court, and shall take al l 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.
49 of
1988.
49 of
1988.
2 of
1974.
Prosecution
Wing.
10
CHAPTER-V
EXPENSES OF LOKAYUKTA TO BE CHARGED ON THE
CONSOLIDATED FUND OF THE STATE
13. The administrative expenses of the Lokayukta, including all
salaries, allowances and pe nsions 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-VI
JURISDICTION IN RESPECT 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 involv ing, or
arising from, or connected with, any allegation of corrupt ion made in a
complaint in respect of the following, namely:—
(a) any person who is or has been a Chief Minister;
(b) any other person who is or has been a Minister of the State;
(c) any person who is or has been a Member of the Odisha
Legislative Assembly;
(d) any person who is Chairperson or a member by whatever name
called, of a Panchayat or a Municipality as respectively
provided in article s 243-B and 243 -Q of the Constitution of
India;
(e) any officer or employee of the State, referred to 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 officer or employee referred to in clause ( e) or holding
equivalent post 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 y Act of
Parliament or of a State Legislature which is wholly or partly
financed by the Government or controlled by it;
Expenses of
Lokayukta to be
charged on the
Consolidated
Fund of the State.
Jurisdiction of
Lokayukta to include
Chief Minister,
Ministers, Members of
Legislature, officers
and employees of the
State Government.
49 of
1988.
11
(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 Government and the annual income of
which exceeds such amount as the Government may, by
notification, specify;
(h) any person who is or has been a director, manager, secretary or
other officer of every other society or association o f persons or
trust (whether registered under any law for the time being in
force or not) in receipt of any donation from the public and the
annual income of which exceeds such amount as the
Government may , by notification , specify or from any foreign
source under the Foreign Contribution (Regulation) Act, 2010
in excess of ten lakh rupees in a year or such higher amount
as the Central Government may, by notification, specify:
Provided that any person referred to in this clause shall be
deemed to be a p ublic 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 involving or arising from, or
connected with, any such allegation of corruption against any Member of
the Odisha Legislative Assembly in respect of anything said or a vote
given by him in the said Assembly or any committee thereof covered
under the provisions con tained in clause ( 2) of article 194 of the
Constitution of India.
(3) The Lokayukta may inquire into any act or conduct of any
person other than those referred to in sub -section (1), if such person is
involved in the act of bribe giving or bribe taking or abetting the same or
in conspiracy relating to any allegation 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 servin g in connection with the affairs of the Union, without the
consent of the Central Government.
42 of
2010.
49 of
1988.
49 of
1988.
12
(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.
15. In case any matter or proceeding related to allegation of corruption
under the Prevention of Corruption Act, 1988 has been pending before
any Court or Committee of the Legislative Assembly of the State 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 suc h court, committee or
authority, except the matter pending before the Lokpal under the Odisha
Lokpal and Lokayukta s Act, 1995 which shall be disposed of b y the
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;
(f) the benches of the Lokayukta shall ordinarily sit at
Bhubaneswar 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.
60 of
1952.
Matters pending
before any court or
committee or
authority for inquiry
not to be affected.
49 of
1988.
Odisha
Act 8 of
1995.
Constitution
of benches of
Lokayukta.
13
(3) Notwithstanding anything contained in sub -section ( 2), the
Chairperson shall have the power to constitute or reconstit ute 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.
17. Where benches are constituted, the Chairperson may, from time to
time, by notification, make provisions as to the distribution of the business
of the Lokayukta amongst the benches and also provide for the matters
which may be dealt with by each bench.
18. On an application for transfer made by the complainant or the
public servant, the Chairperson, after giving an opportunity of being heard
to the complainant or the public servant, as the case may be, may
transfer any case pending before one bench for disposal to any other
bench.
19. If the Members 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 who have heard
the case, including those who first heard it.
CHAPTER-VII
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND
INVESTIGATION
20. (1) The Lokayukta, on receipt of a complaint, if it decides to
proceed further, may order—
Distribution
of business
amongst
benches.
Power of
Chairperson
to transfer
cases.
Decision to
be made by
majority.
Provisions relating
to complaints
and preliminary
inquiry and
investigation.
14
(a) preliminary inquiry against any public servant by its Inquiry
Wing or any agency to ascertain whethe r there exists a
prima facie case for proceeding in the matter; or
(b) investigation by any agency or authority empowered under
any law to investigate, where there exists a pr ima facie
case:
Provided that any investigation under this clause shall be ordered
only if in the opinion of the Lokayukta there is substantial material relating
to the existence of a prima facie case or any earlier statutory investigation
or enquiry regarding the same complaint reveals that a prima facie case
exists:
Provided further that before ordering an investigation under this
clause, the Lok ayukta shall call for the explanation of the public servant
and views of the competent authority , so as to determine whether there
exists a prima facie case for investigation:
Provided also that a decision to order investigation under this
clause shall be taken by a bench constituted by the Chairperson under
section 16.
(2) During the preliminary inquiry referred to in sub-section (1), the
Inquiry Wing or any agency shall conduct a preliminary inquiry and on the
basis of material, information and documents collected, seek the
comments on the allegations made in the complaint from the public
servant and competent authority and after obtaining the comments 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.
(3) A bench consisting of not less than three 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 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);
15
(b) initiation of the departmental proceedings or any other
appropriate action against the concerned public servant
by the competent authority;
(c) closure of the proceedings against the public servant and
take action to proceed against the complainant under
section 46.
(4) The promotion and other service benefits of a public servant
mentioned in clauses (e) to (h) of sub -section (1) of section 14 shall not
be af fected until the public servant is put under suspension on
recommendation of the Lokayukta under section 32 or charge sheet is
filed after completion of investigation under clause (a) of sub-section (3)
or a charge memo is issued against the said public se rvant in a
disciplinary proceeding initiated on the recommendation of the Lokayukta
under clause (b) of sub-section (3).
(5) Every preliminary inquiry referred to in sub -section ( 1) shall
ordinarily be completed within a period of ninety days and for rea sons to
be recorded in writing, within a further period of ninety days from the date
of receipt of the complaint.
(6) In case the Lokayukta decides to proceed to investigate into the
complaint, it shall, by order in writing , direct any investigating agency
(including any special agency) to carry out the investigation as
expeditiously as possible and complete the investigation within a period of
six months from the date of its order:
Provided that the Lokayukt a, for the reasons to be recorded in
writing, may extend the said period by a further period not exceeding six
months at a time and for the maximum period of two years.
(7) Notwithstanding anything contained in section 173 of the Code
of Criminal Procedure, 1973, any investigati ng agency (including a ny
special agency) shall, in respect of cases referred to it by the Lokayukta,
submit the investigation report to the Lokayukta.
(8) A bench consisting of not less than three Members of the
Lokayukta shall consider every report received by it under sub-section (7)
2 of
1974.
16
from any investigating agency (including any special agency) and may,
decide as to—
(a) filing of charge-sheet or closure report before the Special
Court against the public servant;
(b) initiating the departmental proceedings or any other
appropriate action against the concerned public servant by
the competent authority.
(9) The Lokayukta may, after taking a decision under sub -section
(8) on the filing of the charge sheet, direct its Prosecution Wing to initiate
prosecution in a Special C ourt in respect of cases investigated by any
investigating agency (including any special agency).
(10) The Lokayukta may, during the preliminary inquiry or the
investigation, as the case may be, pass appropriate orders for the safe
custody of the d ocuments relevant to the preliminary inquiry or, as the
case may be, investigation, as it deems fit.
(11) 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.
(12) The Lokayukta may retain the original records and evidences,
which are likely to be required in the process of preliminary inquiry or
investigation or conduct of a case by it or by the Special Court.
(13) Save as otherwise provided, the manner and procedure of
conducting a preliminary inquiry or investigation (including such material
and documents to be made available to the public servant) under this Act,
shall be such as may be specified by regulations.
21. 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,
it 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.
Persons likely to be
prejudicially
affected to be
heard.
17
22. 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.
23. (1) 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 a ny public
servant.
(2) Nothing contained in sub -section ( 1) shall apply in respect of
the persons holding the office in pursuance of the provisions of the
Constitution of India and in respect of which a procedure for removal of
such person has been specified therein.
(3) The provisions contained in sub -sections (1) and (2) shall be
without prejudice to the generality of the provisions contained in article
311 and sub -clause (c) of clause ( 3) of article 320 of the Constitution of
India.
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 THE LOKAYUKTA
25. The Lokayukta shall, notwithstanding anything contained in any
other law for the time being in force, have the powers of superint endence
and direction over the investigating agency in respect of the mat ters in so
far as they relate to the investigation made by such agency under this
Act.
Lokayukta may
require any public
servant or any other
person to furnish
information, etc.
Cognizance by
Special Court
without sanction.
49 of
1988.
Action on
investigation against
public servant being
Chief Minister,
Ministers or
Members of the
State Legislative
Assembly.
49 of
1988.
Supervisory
powers of the
Lokayukta.
2 of
1974.
18
26. (1) If the Lokayukta has reason s to believe that any document
which, in its opinion, shall be useful for, or relevant to, any investigation
under this Act, are secreted in any place, it may authorise any agency to
whom the investigation has been given to search for and to seize such
documents.
(2) 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 investigat ion 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 prelimina ry
inquiry or investigation as the case may be:
Provided that where any document is required to be returned, the
Lokayukta or the authorised officer may return the same after retaining
copies of such document duly authenticated in the manner as may be
prescribed.
27. (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 civil court, under the Code of Civil Procedure, 1908,while
trying a suit in respect of the following matters, namely:—
(i) summoning and enforcing the attendance of any person
and examining him on oath;
(ii) requiring the discovery and production of any document;
(iii) receiving evidence on affidavits;
(iv) requisition ing 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, 1860.
Search and
seizure.
Inquiry Wing to
have powers of
civil court in
certain cases.
45 of
1860.
5 of
1908.
19
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 Government.
(2) For the purpose of preliminary 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 superintendence and direction 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 organisation 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.(1) Where the Lokayukta or any investigati ng officer authorised by
it in this behalf, has reason s 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,
the Lokayukta o r the investi gating officer, may, by order in writing,
provisionally attach such property for a period not exceedi ng ninety
days from the date of the order, in the manner as pr ovided in the
Second Schedule to the Income -tax Act, 1961 and the Lokayukta and
the officer shall be deemed to be an officer under sub -rule (e) of rule 1
of that Schedule.
(2) The Lokayukta shal l, 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
Power of the
Lokayukta to utilise
services
of officers of the
Government.
Provisional
attachment of
assets.
43 of
1961.
20
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.
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. (1) The Lokayukta, when it provisionally attaches an y 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 or ders of the Special
Court, shall be restored to the concerned public servant along with
benefits from such property as might have accrued during the period of
attachment.
(4) If the public servant is subsequently convicted of the charges of
corruption, the proceeds 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.
Confirmation
of attachment
of assets.
49 of
1988.
51 of
1993.
21
31.(1) Without prejudice to the provisions of sections 29 and 30, where
the Special Court, on the basis of prima facie evidence, has reason s 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 pass an order for the confiscation of such
assets, proceeds, receipts and benefits till his acquittal.
(2) Where an order of confiscation made under sub -section ( 1) is
modified or annulled by the High 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, and in case it is not possible fo r any reason to return the
assets, proceeds, receipts and benefits, such public servant shall be paid
the price thereof including the money so confiscated with the interest from
the date of confiscation at the rate as may be prescribed.
32. (1) Where the Lokayukta, while making a preliminary inquiry into
allegations of corruption, is prima facie satisfied, on the basis of evidence
available that the continuance of the public servant , referred to in clauses
(e) to (h) of sub-section (1) of section 14, in his post is likely to affect such
preliminary inquiry adversely or is likely to destroy , or in any way tamper
with, the evidence or influence witnesses, then, the Lokayukta may
recommend to the Government for transfer or suspension of such public
servant till such period as may be specified in the order.
(2) The Government shall ordinarily accept the recommendation
of the Lokayukta made under sub -section (1), except for the reasons to
be recorded in writing in a case where it is not feasibl e for administrative
reasons.
33. The Lokayukta may, in discharge of its functions under this Act,
issue appropriate directions to a public servant entrusted with the
preparation or custody of any document or record—
(a) to protect such document or record from destruction or
damage; or
(b) to prevent the public servant from altering or secreting such
document or record; or
Confiscation of
assets, proceeds,
receipts and benefits
arisen or procured by
means of corruption
in special
circumstances.
Power of
Lokayukta to
recommend
transfer or
suspension of
public servant
connected with
allegation of
corruption.
Power of the
Lokayukta to give
directions
to prevent
destruction of
records during
preliminary inquiry.
22
(c) to prevent the public servant from transferring or alienating any
assets allegedly acquired by him through corrupt means.
34. The Lokayukta may, by general or special order in writing and
subject to such conditions and limitations as may be specified therein,
direct that any administrative or financial power conferred on it may also
be exercised or discharged by su ch of its Members or officers or
employees as may be specified in the order.
CHAPTER -IX
SPECIAL COURTS
35. (1) The Government shall constitute such number of Special Courts,
as recommended by the Lokayukta, to hear and decide the cases arisiExcerpt shown. Open the full act in Lexace.