The SIKKIM LOKAYUKTA ACT,2014

SIKKUVi
GO\fERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORiTY
Gangtok Thursday 27th February, 2014 No.71
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
NO.6/lD/PI'14 Date: 27.2.2014
NOTIFICATION
The following Act passed by the Sikkim Legislative Assembly and having received the assent
of the Governor on 27th day of February, 2014 is hereby published for general information:-
THE SIKKIM LOKAYUKTA ACT, 2014
(ACT NO.6 OF 2014)
AN
ACT
to provide for the establishment of a body of l.okayukta for the State of Sikkim to inquire into allegations
of corruption against certain public functionaries and for matters connected therewith or incidental
thereto.
BE it enacted by tile Legislature of Sikkim in the Sixty-fifth Year of the Republic of India, as
follows:-
Short title, extent, '1.
application and
commencement
CHAPTER-I
PRELIMINARY
(1) This Act may be called the Sikkim Lokayukta Act, 2014.
(2) It extends to the whole of the State of Sikkim.
(3) It shall be apoucable to the public servants of the State of Sikkim
serving in and outside the State and the public servants under the
control of Government of Sikkim.
(4) It shall come intoforee on such date as the Government may, by
notlflcatlon. appoint.

l)efinitions. 2, (1)In this Act, unless the context otherwise requires, -
(a) "Chairperson" means the Chairperson of the Lokayukta;
(b) "competent authority", in relation to-
(i) the Chief Minister, means the Legislative Assembly of the
State;
a member of the Council of Ministers, means the Chief
Minister;
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) established 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 any
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 Board or corporation or authority or company or
society or autonomous body; and
(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;
(ii)
(iii)
"complaint" means a complaint, made in such form as may be
prescribed, alleging that a public servant has committed an offence
punishable under the Prevention of Corruption Act, 1988;-
"Government" means the Government of Sikkim;
"investigation" means an investigation as defined under clause (h) of
section 2 of the Code of Criminal Procedure, 1973;
(f) "Judicial Member" means a Judicial Member of the Lokayukta;
(g) "l.okayukta" means the body established under section 3;
(h) "Member" means a Member of the Lokayukta;
(i) "Minister" means Minister of the Government but does not include
the Chief Minister;
(j) "notification" means notification published in the Official Gazette and
the expression "notify" shall be construed accordingly;
(k) "preliminary inquiry" means an inquiry conducted under this Act;
(I) "prescribed" means; proscribed by rules;
(c)
(d)
(e)
2
49 of
19BB
2 of
1974

'(
";1
,/
,,;';<fI
i, .
Es t ablis h rn on t
o f Lo kn y u k ta
(m) "oublicservant"means a oerson referred to in clauses (a) to (h) of
sub-section (1) of section; 3 but does not Include a public servant in
respect of whom the jurisdiction is exercisable by any court or other
authority under the Army Act, 1950, the Air Force Act, 1950, the
Navy Act, 1957 and the Coast Guard Act, 1978 or the procedure is
applicable to such public servant under those Acts;
"regulations" means regulations made under this Act;
46 of 1950
45 of 1950
(n)
(o) "rules" means rules made under this Act;
(0) "Special Court" means the court of a Special Judge appointed under
sub-section (1) of section 3 of the Prevention of Corruption Act,
1988:
(q) "State'" means the State of Sikkim,
(2) The words and expressions used herein and not defined in this Act but
defined in the Prevention 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) Arter the commencement of this Act, the Government shall, by notification,
establish. for the purpose of this Act. an establishment called the Lokayukta for the
State of Sikkim.
(2) The Lokayukta shall consist of -
(a) a Chairperson. who has been Chief Justice of a High Court: and
(b) 1\·•..0 Members. one of whom shall be a Judicial Member.
(3) A person shall be eligible to be appointed.-
(a) as a Judicial member if he or she has been a District Judge:
Ib)- as a Member if he or she is a person having wide experience and
knowledge in the matters relating to administration, finance, law.
inquiry proceedings etc. having held position in the State
Government not below the rank of Secretary for at least five years,
(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 forty-five 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;
(e) a person who has been removed or dismissed from servrcs 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 carryon any business or practice any profession. and
3

Appointment of
Cba lrpe rson and
Members on
recommendation
of Selection
Comrnttt cc.
Term of Offlce
of Chairperson
nn d Memhers.
Salary, allowa- 7.
nees and other
ccnditlons of
service of
Chairperson
and Members
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
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 Chief Justice.of the High Court of Sikkim;
(c) the Speaker of the Legislative Assembly - Member;
(d) the Leader of Opposition in the Legislative Assembly. If there
is no leader of the opposition, then the senior most member
of the Legislative Assembly - Member;
(e) an eminent person from the State as may be nominated by
the Governor;
(2) No appointment of a Chairperson or a Member shall be invalid
merely by reason of absence of any Member in the Selection Committee.
(3) The Selection Committee shall select the names of the Chairperson
and Members of the Lokayukta by majority of the members present in the meeting
for selection.
(4) The Selection Committee may adopt such procedure for the purpose
of selection and recommendation as it deems appropriate.
(5) The meeting of the Selection Committee shall be convened by the
Chief Secretary of the State in consultation with the Chairperson and the
recommendations of the Selection Committee shall be forwarded by the Chief
Secretary to the Governor.
(6) The Chief Secretary of the State shall provide necessary assistance
to the Selection Committee as may be requested.
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:
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
30.
6. The Governor, on receipt of the recommendations of the Selection
Committee, shall issue the warrant of appointment appointing the Chairperson and
Members of the Lokayukta within a period of seven days.
The salary, allowances and other conditions of service of -
(a) the Chairperson shall be the same as those of the Chjef Justice of
the High Court of Sikkim;
(b) other Members shall draw salary in their respective grade which they
were last drawing:
4

Member to act
as Cha irpcrso n
or to discharge
his functions in
ccr ta in
clr cu rn sta nc cs ,
Secretary,
other officers
ann staff of
Lokayu kt a
Inquiry Wing
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 as Chief Justice or as
the case may be , 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
(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) In the event of occurrence of any vacancy in the office of the
Chairperson by reason of his death, resignation or otherwise, the Governor may, by
notification, authorize the senior-most Member to temporarily act 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, 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 duties.
9. (1) There shall be a Secretary to the Lokayukta who is or has been in the
rank of Secretary to the Government to be appointed by the Chairperson from
among a panel of names sent by the State Government.
(2) There shall be an Inspector of Inquiry and a Public Prosecutor, who
shall be appointed by tile Chairperson, as may be prescribed.
(3) The appointment of officers and staff of the Lokayukta shall be made
by the Chairperson or by tile Secretary in-charge of the Lokayukta on being
delegated by the Chairperson:
(4) Tile staff required for the functioning of the Lokayukta shall be
provided by the State Government.
(5) 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 prescribed.
CHAPTER-Ill
INQUIRY WING
10. (1) The Lokayukta shall constitute an Inquiry Wing headed by the Inspector
of Inquiry for the purpose of conducting preliminary inquiry as per procedure 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 number of officers and other staff from
49
19
5

Prosecution
Wing
Expenses of
Lo kayukta to
be charged 011
tho
Consol ida te d
Fund of the
State
.Ju risd ict ion of
Lo kayu kta to
Include Chief
Minister,
Ministers,
Members of
Legislature,
officers anrt
employees of
the State
such of its Departments, as may be required by the Lokayukta, for conducting
preliminary inquiry under'this Act.
(2) For the purposes of assisting the Lokayukta in conducting a
preliminary inquiry under this Act, the officers·of the Inquiry Wing headed by
Inspector of Inquiry, shall have the same powers as are conferred upon the
Lokayukta under Section 21.
CHAPTER-IV
PROSECUTION WING
11. (1) The Lokayukta shall, by notification, constitute a Prosecution Wing
headed by a Public Prosecutor for the purpose of prosecution of public servants as
per the procedure 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 Inspectors, Public
Prosecutors and other staff and officials, as may be required.
(2) The Public Prosecutor shall, after having been so directed by the
Lokayukta, file a case as per the procedure in accordance with the findings of the
investigation report as per sub-section (6) of Section 14, before the Special Court,
and shall take all necessary steps as per the procedure in respect of the
prosecution of public servants in relation to any offence punishable under the
Prevention of Corruption Act, 1988.
(3) The report under sub-section (2) shall be deemed to be a report,
filed on completion of investigation, referred to in Section 173 of the Code of
Criminal Procedure, 1973.
CHAPTER-V
EXPENSES OF LOKAYUKTA TO BE CHARGED ON THE CONSOLIDATED
FUND OF THE STATE
12. 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-VI
JURISDICTION IN RESPECT OF INQUIRY
1.3. (1) Subject to the other provisions of this Act, the Lokayukta shall inquire or
cause an inquiry to be conducted as per the procedure into any matter involving, or
arising from, or connected with, any allegation of corruption made in a complaint in
respect of the following, namely:-
(a) any person who is or has been a Chief Minister;
(b) any other person who is or has been a Minister of the State;
6
49 of
1988
2 of
1974

(f) any officer or employee referred to in clause (e) or holding equivalent
DOS! in any Body or Board or corporation: or authority or company or
sociery or trust or autonomous body (by whatever name called)
established by any Act of Parliament or of a State Legislature which
IS ·•••.holly or p.artly financed by the Government or controlled by it;
(g) any person who is or has been a director, manager, secretary or
other orticer 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;
any person who is or has been a director, manager, secretary or
other orticer 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 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 public servant under clause (c) of section 2 of the
Prevention of Corruption Act, 1988 and the provisions of that Act
shall apply accordingly.
(c)
.'
J:'< (d)
...-~
(e)
(h)
any person who is or has been a Member of the Sikkim Legislative
Assembly:
any person who is Chairperson or a member by whatever name
called, of a Panchayat or a Municipality as respectively provided in
Articles 243-8 and 243-0 of the Constitution of India;,
any oHicer 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, 49 of
1988 when serving or who has served, in connection with the affairs 1988
of the State:
42 or
2010
496f
1988
(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 Sikkim 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 contained 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
serving in connection with the affairs of the Union. without the consent of the
Central Government.
(4) No cognizance of a complaint shall be taken if it discloses that the
offence as alleged was committed by a public servant while he was holding the
office if the allegalioi! of offence relates to a period which is more than five years
old from the date of the complaint
49 of
. 1988
7

Provisions
relating to
complaints and
preliminary
inquiry and
investigation
CHAPTER-VII
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION
14. (1) The Lokayukta, on receipt at a complaint, it it decides to proceed further,
may order-
preliminary inquiry against any public servant by its Inquiry
Wing or any agency to ascertain whether there exists a prima
facie case tor proceeding in the matter; or
(b) investigation by any agency or authority empowered under
any law to investigate, where there exists a prima 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
Lokayukta 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:
(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) The Lokayukta shall consider every report received under sub-section
(2) from the Inquiry Wing or any agency and after giving an opportunity ot being
heard to the public servant, decide as to whether there exists a prima facie case,
and make recommendations to proceed with one or more of the following actions,
namely:-
(a) investigation by any agency (including any special
investigation agency);
(b) initiation of the departmental proceedings or any other
appropriate action against the 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
36.
(a)
(4) The promotion and other service benefits ot a public servant
mentioned in clauses (e) to (h) of sub-section (1) of section 13 shall be dealt with as
per the provisions of law appliasble to such cases,
(5) Every preliminary inquiry referred to in sub-section (1) shall be
completed within a reasonable period, as may be specified.
(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 within such period, as may be
specified therein and submit report. '
(7} Any investigating agency (including any special agency) shall, in
respect of cases referred to it by the Lokayukta, submit the investigation report to
the Lokayukta.
8
2 of
\974

PerS()T1S likely
to he
prcjudicially
A ffccted to be
heard
Lo kayu k t a
may rcquir c
Any pu bl!c
sorv an t or
any ot ncr
pcrsnnto
furnish
i n fo r rn a t io n ,
e tc .
(8) The Lokayukta shall consider every report received by it under sub-
section (7) from any investigating agency (including any special agency) and may,
decide as to -
(a) filing of charge-sheet or closure report before the Specia.
Court against jhe public servant: or
(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 as
per the procedure in a Special Court in respect of cases investigated by any
investigating agency (including any special agency) or may forward the report to the
concerned Wing of the State Government for prosecution with a further direction to
pursue the matter in the Special Court and intimate the Lokayukta from time to time
about the orocress and outcome of the prosecution:
Provided that where the Lokayukta chooses to forward the findings to a
prosecuting agency of the State Government for filing a case in the Special Court,
such agency shall comply with the direction of the Lokayukta without fail and in the
event of cerautt or negligence on the part of the prosecuting agency, its official shall
be liable to such disciplinary action as may be directed in this behalf.
(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 documents relevant to preliminary inquiry or, as the case may be, investigation.
as it deems fit.
(11) The Lokayukta shall maintain the record of such documents in such
manner as it may direct.
(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.
15. 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.
i 6. Subject to the provisions of this Act. for the purpose of any preliminary
inquiry or investigation. the Lokayukta or the investigating authorrty,. as t~e. cas.e
may be. may require any public.servant or any other person who. In Its oPI~lon, IS
able to furnish intorrnation or produce documents relevant to such preliminary
inquiry or investigation, to furnish any such information or produceany such
document.
9

Cognizance
by Special
Court
without
sanction
Action on
investigation
against public
servant being
Chief Minister.
Min tate rs or
Members of the
State
Legls!a tive
Assembly
Supervisory
powers of the
Lokayukta
Search and
seizure
Inquiry Wing
to have
powers of
civil court in
certain cases
17. (1) A Special Court may. on filing of a charge sheet on completion of
investigation, by the Lokayukta or any officer authorized by it in this behalf, take
cognizance of offence committed by any 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.
18. (1) 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 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 or may forward the findings of the Lokayukta to the concerned
prosecuting agency of the State Government with a direction to pursue the matter in
the Special Court and send report to the Lokayukta on the status and outcome of
the prosecution from time to time. '\
CHAPTER-VIII
POWERSOFTHELOKAYUKTA
19. (1) The Lokayukta shall have the powers of superintendence and direction
over the investigating agency in respect of the matters in so far as they relate to the
investigation made by such agency under this Act.
(2) The investigating agencies in the State shall henceforth function under
the supervision and direction of the Lokayukta in so far as it relates to offences
under the Prevention of Corruption Act, 1988, being investigated by the Lokayukta.
20. (1) If the Lokayukta has reasons to believe that any document which, in its
opinion, shall be useful for, or relevant to, any investigation under this Act, is
concealed in any place, it may authorize 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
investigation under this Act and that it shall be necessary to retain the document in
its custody or in the custody of such officer as may be authorized, it may so retain
or direct such authorized officer to retain such document till the completion of such
preliminary inquiry or investigation as the case may be:
Provided that where any document is required to be returned, the Lokayukta
or the authorized officer may return the same after retaining copies of such
document duly authenticated in the manner as may be prescribed.
21. (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;-
10
2 of
1974
49o(
1988
49 of
1988
5 of
1908

Power of the
Lo kayu kt a to
u t il Izc sc rvi ccs o f
o ffi ccrs of the
Government
Pr ov isio n nl
at t ach rn cn t of
(i) summoning and enforcing the attendance of any person and
examining him .on oath;
(ii) requiring the discovery and production of any document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public .record or copy thereof from any court or
office;
(v) issuing commissions for the examination of witnesses or documents:
Provided that such commission, in case of a witness, shall be issued only
where the witness, in the opinion of the Lokayukta, is not in a position to attend the
proceeding before the Lokayukta; and
(vi) such other matters as may be prescribed.
(2) Any proceeding before the Lokayukta shall be deemed to be a
judicial proceeding within the meaning of section 193 of the Indian Penal Code,
1860.
22. (1) The Lokayukta may, for the purpose of conducting any preliminary
inquiry or investigation, utilize the services of any oHicer or organization or
iovestioatioo agency of the Government.
(2) For the purpose of preliminary inquiry or investigating into any matter
pertaining to such inquiry or ·investigation, any oHicer or organization or agency
whose services are utilized under sub-section (1) may, subject to the
suoenruendence 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 organization or agency whose services are utilized 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.
23. (1) Where the Lokayukta or any investigating oHicer authorized by it in this
behalf. has reasons to believe, which shall 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 or the investigating officer, may, by order in writing, provisionally
attach such property for a period not exceeding ninety days from the date of the
order, in the manner as provided 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 shall, immediately after attachment under sub-section
(1). forwarda copy of theorder, along with the material in his pos.session. referred
to-in that sub-section. to the Special Court, in a sealed envelope, In the manner as
11

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.
Explanation. - For the purpose 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.
Confirmation 24. (1) The Lokayukta, when it provisionally attaches any property under sub-
of attachment section (1) of section 23 shall, within a period of thirty days of such attachment,
of assets 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.
Confiscation of
assets,
proceeds,
receipts an d
benefits aris en
or procured by
means of
corruption in
special
circumstances
(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 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.
25. (1) The Special Court, on the basis of prima facie evidence, has reasons 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 for any reason to return the assets, proceeds, receipts and benefits, such
public servant shall be paid the price thereof including the money so confiscated
with the interest from the date of confiscation at the rate as may be prescribed.
12
49 of
1988
51 of
1993

· i
....oki"lyuktn t.o
recommend
t r a n s fe r or
s u s pc n s io n ('Ir
puhlic servant
connected with
a l lc an t Io n or
corruption
Power of the
Lo ka y uk ta to
give direction.
to prevc nt
destruction of
records durin{:
preliminary
inquiry.
Po w er to
dclegatc.
Sp ccin l Courts
to be
constituted by
the
Go v crn ruc n t
Rc m ova l o f
Cha tr pcrso n
and Members
26. (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 13, in his post is likely to affect such preliminary inquiry adversely or is
likely to destroy, or in any way t?mpeJ 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 feasible for administrative reasons.
27. The Lokayuk'ta may, in discharge of its functions under this Act, issue
aoorooriate direction 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.
28. 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 the Secretary to the Lokayukta.
CHAPTER-IX
SPECIAL COURTS
29. Special Judge appointed under sub-section (1) of section 3 of the
Prevention of Corruption Act 1988 shall be the Special Court under this Act.
CHAPTER-X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF THE
LOKAYUKTA
30. (1) The Lokayukta shall not inquire into any complaint or allegation of
corruption made against the Chairperson or any Member.
(2) All allegations of corruption against Chairperson or Member of the
Lokayukta shall be taken up and discussed and debated by a motion in the State
Legislative Assembly which shall be preceded by submission of a report by a fa:t
finding Committee appointed by the State Legislative Assembly for the said
purpose:
Provided that no such motion or discussion shall take place in the State
LegislativeAssemblyunlessthepersonagainstwhomcon:Plainthasbeenmade,
has been given an opportunity of being heard on the complaint.
13

Complaints
against
officials of
Lokayukta
(3) Upon such discussion, a motion shall be taken up for consideration by
the House of the State Legislative Assembly and voting shall take place either in
favour of the motion or rejecting the motion.
(4) Where the motion is accepted, the Speaker shall send a report to this
effect to the Governor who shall thereafter issue order removing such Chairperson
or the Member, as the case may be, under his hand and sea\.
(5) Notwithstanding anything contained hereinabove, the Governor may, by
order, remove from the office, the Chairperson or any Member, if the Chairperson
or such Member, as the case may be,-
(a) is adjudged an insolvent; or
(b) engages himself during his term of office, in any paid
employment outside the duties of his office; or
(c) is, in the opinion of the Governor, unfit to continue in office by
reason of infirmity of mind or body.
(5) If the Chairperson or any Member is, or becomes, in anyway concerned
or interested in any contract or agreement made by or on behalf of the Government
of India or the Government of a State or participates in any way in the profit thereof
or in any benefit or emolument arising therefrom otherwise than as a member and
in common with the other members of an incorporated company, he shall, for the
purposes of sub-section (2), be deemed to be guilty of misbehaviour.
31. (1) Every complaint or allegation made against any officer or employee or
agency under, or associated with, the Lokayukta for an offence punishable under
the Prevention of Corruption Act, 1988 shall be dealt with in accordance with the
provisions of this section.
(2) The Lokayukta shall complete the inquiry into the complaint or allegation
made within a period of thirty days from the date of its receipt.
(3) While making an inquiry into the complaint against any officer or
employee of the Lokayukta or agency engaged or associated with the Lokayukta, if
it is prima facie satisfied on the basis of evidence available, that continuance of
such officer or employee of the Lokayukta or agency engaged or associated in his
post while conducting the inquiry is likely to affect such inquiry adversely or is likely
to destroy or in any way tamper with the evidence or influence witnesses, then, the
Lokayukta may, by order, suspend such officer or employee of the Lokayukta or
divest such agency engaged or associated with the Lokayukta of all powers and
responsibilities hereto before exercised by it.
(4) On completion of the inquiry, if the Lokayukta is satisfied that there is
prima-facie evidence of the commission of an offence under the Prevention of
Corruption Act, 1988, it shall, within a period of fifteen days of the completion of
such inquiry, order to prosecute such officer or employee of the Lokayukta or such
officer, employee, agency engaged or associated with the Lokayukta and initiate
diSCiplinary proceedings against the official concerned:
Provided that no such order shall be passed without giving such officer or
employee of the Lokayukta, or agency so engaged or associated, a reasonable
opportunity of being heard.
14

.:.rl
F'u r n ish irvg' o f
returns ate" to
Go vc r n rn e n t
Dn c la r a t io n of
a s s c ts
Fn lse
i n f'o r rn a t io n
t o hc d c a lt "8
per !;lIV
CHAPTER·XI
I=INANCE ACCOUN~ AND AUDIT
32, The Financial requirement of the .Lokayukta, Budget, Accounts, etc .
including audit shall be dealt by the Lokayukta in such manner, as may be
considered expedient. For the purpose of proper audit, the Lokayukta shall maintain
proper account which shall be audited by th(3 official of the Accountant General,
Sikkim.
33. The Lokayukta shall furnish to the Government, at such time and in such
form and manner as may be prescribed or. as the Government may request, such
returns and statements and such partlculars in regard to any matter under the
jurisdiction of the Lokayukta, as the Government may, from time to time, require,
CHAPTER-XII
DECLARATION OF ASSETS
34, (1) Every public servant shall make a declaration of his assets and liabilities
in the manner as provided by or under this Act.
(2) A public servant shall, within a period of thirty days from the date on
which he makes and subscribes an oath or affirmation to enter upon his office,
furnish to the competent authority the information relating to -
(a) the assets of which he, his spouse and his dependent
children are, jointly or severally, owners or beneficiaries;
(b) his liabilities and that of his spouse and his dependent
children,
(3) A public servant holding his office as such, at the time of the
commencement of this Act, shall furnish information relating to such assets ana
liabilities, as referred to in sub-section (2), to the competent authority within ninety
days of the coming into force of this Act.
{4) Every public servant shall file with the competent authority, on or before
the thirty-firs! July of every year, an annual return of such assets and liabilities, as
referred to in SUb-section (2), as on the thirty-first March of that year,
(5) The information under sub-section (2) or sub-section (3) and annual
return under SUb-section (4) shall be furnished to the competent authority in such
form and in such manner as may be prescribed,
(6) The competent authority in respect of each Oepar1ment shall maintain
the records of such statements in such manner as may be provided under law.
Explanation, - For the purposes of this section, "dependent children" means
sons and daughters who have no separate means of earning and are wholly
dependent on the public servant for their livelihood.
35. If any public servant willfully or for reasons which are not justifiable, fails to
declare his asset or gives misleading or false information in respect of such assets,
in such cases he shall bedealtwithasperprovisionsoflaw,
15

Prosecution for
false' compja+nt
and payment or
compensation,
etc., to public
servant
False
complaint
made by
society or
assoctat.ion of
persons or
CHAPTER·XIII
OFFENCES AND PENALTIES
36. (1) Whoever makes any false or frivolous or vexatious complaint under this
Act shall, on conviction, be punished with imprisonment for a term which may
extend to one year and with fine which may extend to one lakh rupees.
(2) No Court, except a Special Court, shall take cognizance of an offence
under sub-section (1).
(3) No Special Court shall take cognizance of an offence under sub-section
(1) except on a complaint made by a person against whom the false, frivolous or
vexatious complaint was made or by an officer authorized by the Lokayukta.
(4) The prosecution in relation to an.offence under sub-section (1) shall be
conducted by the public prosecutor and all expenses connected with such
prosecution shall be borne by the Government.
(5) In case of conviction of a person being an. individual or society or
association of persons or trust (whether registered or not) for having made a false
complaint under this Act, such person shall be liable to pay compensation to the
public servant against whom he made the false complaint in addition to the legal
expenses for contesting the case by such public servant, as the Special Court may
determine.
(6) Nothing contained in this section shall apply in case of complaints made
in good faith.
Explanation.- For the purpose of this sub-section, the expression "good
faith" means any act believed or done by a person in good faith with due care,
caution and sense of responsibility or by mistake of fact believing himself justified
by law under section 79 of the Indian Penal Code, 1860.
37, (1) Where any offence under sub-section (1) of section 36 has been
committed by any society or association of persons or trust (whether registered or
not), every person who, at the time the offence was committed, was directly in
charge of, and was responsible to, the society or association of persons or trust, for
the conduct of the business or affairs or activities of the society or association of
persons or trust as well as such society or association of persons or trust shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment provided in 

Excerpt shown. Open the full act in Lexace.

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