The ARUNACHAL PRADESH LOKAYUKTA ACT,2014

{
    "id": 2347,
    "slug": "abunachal-pradesh-lokayukta-act-2014",
    "title": "The ARUNACHAL PRADESH LOKAYUKTA ACT,2014",
    "short_title": "The ABUNACHAL PRADESH LOKAYUKTA ACT,2014",
    "act_number": "7",
    "act_year": 2014,
    "act_type": "STATE",
    "location": "Arunachal Pradesh",
    "law_status": "valid",
    "enactment_date": "2014-05-20",
    "description": "The ABUNACHAL PRADESH LOKAYUKTA ACT,2014",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "Section 1. (1) This Act may be called the Arunachal Pradesh Lokayukta Act,",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2014",
            "title": "Section 2014. (2) lt extends to the whole of the State ol Arunachal Pradesh.",
            "chapter": null,
            "content": "(3) lt shallbe applicable tothe public servants olthe State ofArunachal\nPradesh serving in and outside the State and the public servants\nunder the control of Government of Arunachal Pradesh.\n(4) lt shall come into lorce on such date as the Government may, by\nnotification, appoint-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "2",
            "title": "Section 2. Definitions. (1) ln this Act, unless the context otheruvise requires,-",
            "chapter": null,
            "content": "(a) 'bench\" means a bench of the Lokayukta ;\n(b) \"Chairperson\" means the Chairperson of the Lokayukta ;\nAn\nAct\n\n7\n(c)\n(d)\n(e)\n(f)\n\"competent authority\", in relation to-\n(i) lhe Chiel Minister, means the LegislativeAssembly ofthe State;\n(li) a member of the Councilof Ministers, meansthe Chief Minister;\n(iii) a member of State LegislativeAssembly other than a Ministe(\nmeans lhe Speaker ol the Legislative Assembly;\n(iv) an officer in any Department of the Government, means\nthe Minister- in- charge of the Department under which such\notficer is serving ;\n(v) a Chairperson or member of any Body or Board or corporation\nor Local authority or company or society or autonomous Body\n(by whatever name called) established or constituted under\nany Act ot the Legislature of the State or wholly or partly\nfinanced by the Government or controlled by it, means the\nMinister-in- charge of the Department of such Body or Board\nor corporation or authority or company or society or\nautonomous body.\nProvided that if such Chairperson or member is also a\nmember olthe S1ate Legislative Assembly, then the competent\nauthority shall be the Speaker o, the Legislative Assembly;\n(vi) an officer ol any Body or Board or corporation or Local\nauthority or company or society or autonomous body (by\nwhatever name called) established or constituted under any\nAct of the Legislature of the State or,/vholly or partly financed\nby the Government or controlled by il, means the head\nofsuch Body or Board or corporation or authority orcompany\nor society or autonomous body ; and\n(vii) any other case not falling under sub-clauses (i) to (vi) above,\nmeans such Department or authority as the Government may,\nby notification, specity ;\n'complaint\" means a complainl, made in such form as may be\nprescribed, alleging that a public servant has committed an offence\npunishable under the Prevention of Corruption of Act, 1988 ;\n\"Governmenl\" means the Government o[ Arunachal Pradesh;\n\"investigation\" means an investigalion as defined under clause (h)\nof section 2 ol the Code of Criminal Procedure, 1973;\n\"Judicial Member\" means a Judicial Member of the Lokayukta;\n\"Lokayukta\" means the body established under section 3;\n\"Member\" means a Member of the Lokayukta;\n\"Ministea' means Minister of the Government but does not include\nthe Chief Minister :\nG)\n(h)\n(0\n0)\n\nE\n(k) \"notification\" means notification published in the Of{icial Gazette\nand the expression \"notify\" shall be construed accordingly;\n(l) \"preliminary inquiry\" means an inquiry conducted under this Act;\n(m) \"prescribed\" means prescribed by rules;\n(n) \"public servant\" means a person referred to in clauses (a)to (h)of\nsub-section (1) of section '14 but does not include a public servant\nin respect of whom the jurisdiction is exercisable by any court or\nother authority under the Army Act, /950, the Air Force Act, /95q\nthe Navy Act, 7957and the Coast Guard Act, 1978 or the procedure\nis applicable to such public servant under those Acts;\n(o) 'Tegulations\" means regulations made under this Act;\n(p) '?ules\" means rules made under this Act; and\n(q) \"Special Court\" means the court of a Special Judge appointed under\nsub-section (1) of section 3 of the Prevention ol Corruption Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "1988",
            "title": "Section 1988. (2) The words and expressions used herein and not defined in thls Act",
            "chapter": null,
            "content": "but defined in the Prevention of Corruption Act, 1988 and in the\nCode of Criminal Procedure,1973, shall have the meanings\nrespectively assigned to them in those Acts.\nCHAPTER . II\nESTABLISHMENT OF LOKAYUKTA",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "3",
            "title": "Section 3. (1) After the commencement of this Act, the Government shall, by",
            "chapter": null,
            "content": "notification, establish, for the purpose of this Act, a body called the\nLokayukta for the S'tate of Arunachal Pradesh.\n(2) The Lokayukta shall consist of -\n(a) a Chairperson, who is or has been a Judge of the Supreme\nCourt or who is or has been Chief Justice or judge of High\nCourt and of impeccable integrity and outstanding ability or an\neminent person who fulfils the eligibility specified in clause (b)\nof sub-section (3) ; and\n(b) Two members, out of whom one shall be Judicial Member\n(c) At least two ol the Members shall be from APST\n(d) At least one of the members shall be woman:\n(3) A person shall be eligible to be appointed,-\n(a) as a Judicial Member if he is or has been a Judge of a High\nCourt i\n\n9\n(b) as a Member other than a Judicial Member, if he is a person\nof impeccable integrity and outstanding ability having special\nknowledge and expertise of not less than twenty years in the\nmatters relating to public administration, finance including\ninsurance and banking, law, anti-corruption policy or\nmanagement.\n(4) The Chairperson or a Member shall not be-\n(a) a member of Parliament or a member of the Legislature ol\nany State or Union Territory;\n(b) a person convicted of any oflence involving moral turpitude ;\n(c) a person of less than rortyJive years of age, on the date of\nassuming office as Chairperson or [,lember, as the case may\nbe;\n(d) a member of any Panchayat or Municipality;\n(e) a person who has been removed or dismissed from service of\nthe Union or a Sate; or\n(f) a person holding any office of trust or prolit (other than his\nolfice as the Chairperson or a Member) or person connected\nwith any political party or carry on any business or practise\nany profession, and accordingly, before he enters upon his\noffice, as the Chairperson or a Member, as the case may be,\nshall. it\n(i) he holds any otfice of trust or profit, resign from such\noffice ; or\n(ii) he is carrying on any business, sever his connection with\nthe conduct and managemenl o, such business : or\n(iii) he is practicing any profession, cease to practice such\nprofession.\nAppointment ol Chairperson and Members on recommendation ol\nSelection Committee :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "4",
            "title": "Section 4. (1) The Chairperson and Members shall be appointed by the Governor",
            "chapter": null,
            "content": "by warrant under his hand and seal after obtaining the\nrecommendations of a Selection Committee consisting of\n(a) the Chief Minister--{hairperson;\n(b) the Leader ol Opposition in the Legislative Assembly-\nMemberi\n(c) the Chiel Justice of the Gauhati High Court or a Judge ol the\nsaid High Court nominated by the Chlef Justice- Member ;\n(d) Chiet Secretary to the Government-Member.\n\n10\n(2) No appointment of a Chairperson or a N,'lember shall be invalid\nmerely by reason of any vacancy in the Selection Committee.\n(3) The Selection Committee shall, for the purposes of selecting the\nChairperson and Members of the Lokayukta and for preparing a\npanel of persons to be considered for appointment as such,\nconstitute a Search Committee consisting of at least five persons\nof standing and having special knowledge and expertise in the\nmatters relating to public administration. linance including insurance\nand banking, law, anti-corruption policy, management, or in any\nother matter which, in the opinion of the Selection Committee,\nmay be uselulin making selection otthe Chairperson and Members\nof the Lokayukta:\nProvided that the Selection Committee may also consider\nany person other than the persons recommended by the Search\nCommittee.\n(4) The Selection Committee shall regulate its own procedure in a\ntransparent manner for selecting the Chairperson and Members ol\nthe Lokayukta.\n(5) The term of the Search Committee relerred to in sub-section (3),\nthe lees and allowances payable to ib members and the manner\nof selection of panel of names shall be such as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "5",
            "title": "Section 5. (1) The Chairperson and every Member shall, hold office as such for",
            "chapter": null,
            "content": "a term of five years lrom the date on which he enters upon his\noffice cr until he attains the age of seventy years, whichever is\nearlier.\nProvided that he may,-\nia) by writing under his hand addressed to the Governor, resign\nhis otfice: or\n(b) be removed from his office in the manner provided in section\n12) The Chairperson and every l\\,'lember shall, belore entering upon\nhis office, make and subscribe before the Governor an oath or\naftirmation in the form sel out in Schedule.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "6",
            "title": "Section 6. The Governor shall take or cause to be taken all necessary steps for",
            "chapter": null,
            "content": "the appointment of a new Chairperson and fvlembers at least three\nmonths before the expiry of the term of such Chairperson or Member,\nas the case may be, in accordance with the procedure laid down in\nthis Act.\n\n7\n11\nThe salary, allowances and other conditions of service of-\n(a) the Chairperson shall be the same as those of the Chiel Justice of\nthe High Court of Gauhati;\n(b) other Members shall be the same as those of a Judge of the High\nCou( of Gauhati:\nProvided that i{ the Chairperson or a Member is, at the\ntime ol his appointment, in receipt of or has become entitled to\nreceive pension (other than disability pension) in respect of any\nservice or previous service underthe Government of lndia or under\nthe Government of a Slate or as Chief Justice or as a Judge of a\nHigh Courl, his salary in respect ol service as the Chairperson or,\nas the case may be, as a Member, be reduced-\n(i) by the amount of that pension; and\n(ii) if he has, betore such appointment, received, in lieu of a portion\nof the pension due to him in respect of such previous service,\nthe commuted value thereol, by the amount ol that portion ol\nthe pension:\nProvided further that the salary, allowances and pension\npayable to, and other conditions olservice of, the Chairperson\nor a Member shall not be varied to his disadvantage alter his\nappointment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "8",
            "title": "Section 8. (1) On ceasing to hold office, the Chairperson and every Member",
            "chapter": null,
            "content": "shall be ineligible lor\n(i) reappointment as the Chairperson or a Member of the\nLokayukta;\n(ii) any diplomatic assignment, appointmenl as administrator ol\na Union territory and such other assignment or appointment\nwhich is required by lawto be made by the Governor by warrant\nunder his hand and seal;\n(iii) further employment to any other oflice of prolil under the\nGovernmenl o{ lndia or the Government or corporation,\ncompany, society, local authority or autonomous body as\nrelerred to in sub-clauses (v) and (vi) of clause (c) of sub-\nsection(1) of section 2;\n(iv) contesting any election ol President or Vice-President of lndia\nor Member ot either House o, Pafliament or Member ol either\nHouse ol a State Legislature or of Municipality or Panchayat\nwithin a period of five years from the date ol relinquishing the\npost.\n\n(21\ne (1)\n(21",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "Section 10. (1)",
            "chapter": null,
            "content": "(2)\n(3)\n(4)\n12\nNotwithstanding anything contained in sub-section (1), a [,tember\nshall be eligible to be appointed as a Chairperson, if his totaltenure\nas N,tember and Chairperson does not exceed five years.\nExplanation.- For the purposes of this section, it is\nhereby clarified that where the Member is appoinled as the\nChairperson, his term of otfice shall not be more than five years in\naggregate as the Member and the Chairperson.\nln the event of occurrence of any vacancy in the office of the\nChairperson by reason ol his death, resignation or olherwise, the\nGovernor may, by notilication, authorise the senior-most Member\nto act as the Chairperson untilthe appointmentof a new Chairperson\nis made to fill such vacancy.\nWhen the Chairperson is unable to discharge his lunctions owing\nto absence on leave or otherwise, the senior-most Member\navailable, as the Governor may, by notification, authorise in this\nbehalf, shall discharge the functions of the Chairperson until the\ndate on which the Chairperson resumes his duties.\nThere shall be a Secretary or more than one Secretary to the\nLokayukta, who is or has been, in the rank of Secretary to the\nGovernment in the State and who shall be appointed by the\nChairperson from a panel of names sent by the Government.\nThere shall be a Director oI lnquiry and a Director of Prosecution\nnot below the rank of the Additional Secretary to the Government\nequivalent. who shall be appointed by the Chairperson from a panel\nof nan'res sent by the Government.\nThe appointment of oflicers and staff of the Lokayukta shall be\nmade by the Chairperson or such Member or officer of Lokayukta\nas the Chairperson may direct:\nProvided that the Governor may, by rule, require that the\nappointment in respect of any post or posts as may be specified in\nthe rule, shall be made after consultation with the State Public\nService Commission.\nSubject to the provisions of any law made by the Legislature of the\nState the conditions of service of Secretary and other oflicers and\nstaff of the Lokayukta shall be such as may be specified by\nregulations made by the Lokayukta for the purpose:\nProvided that the regulations made under this sub-section\nshall, so far as they relate to salaries, allowances, leave or pensions,\nrequire the approval of the Governor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "Section 11. (1)",
            "chapter": null,
            "content": "(2\\",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "Section 12. (1)",
            "chapter": null,
            "content": "(2)\n(3)\n13\nCHAPTER . III\nINOUIRY WING\nNotwithstanding anything contained in any law for the time being\nin lorce, the Lokayukta shall constitute an lnquiry Wing headed by\nthe Director of lnquiry for the purpose of conducting preliminary\ninquiry into any offence alleged to have been committed by a public\nservant punishable under the Prevention of Corruption Act, 1988\nand or under Chapter I of the lndian Penal Code 1860 :\nProvided that till such time the lnquiry Wing is constituted\nby the Lokayukta, the Government shall make available such\nnumber of officers and other staff from such of its Departments, as\nmay be required by the Lokayukta, for conducting preliminary\ninquiry under this Act.\nFor the purposes of assisting the Lokayukta in conducting a\npreliminary inquiry under this Act, the otficers of the lnquiry. Wing\nnot below the rank of Under Secretary to the Government, shall\nhave the same powers as are conferred upon the Lokayukta under\nsection 28.\nCHAPTER - IV\nPROSECUTION WNG\nThe Lokayukta shall, by notification, constitute a Prosecution. Wing\nheaded by the Director of Prosecution who is or has been in the\nrank of Director of Public Prosecution of the State for the purpose\nof prosecution of public servants in relation to any complaint made\nbetore the Lokayukta under this Act :\nProvided that till such time the Prosecution Wing is\nconstituted by the Lokayukta, the Government shall make available\nsuch number of officers and other staff from such of its\nDepartments, as may be required by the Lokayukta, for conducting\nprosecution under this Act.\nThe Director of Prosecution shall, after having been so directed\nby the Lokayukta, file a case in accordance with the findings of the\ninvestigation report as per sub-section (6) of section 20, before\nthe Special Court, and shalltake all necessary steps in respect ot\nthe prosecution of public servants in relation to any offence\npunishable under the Prevention of Corruption Act, 1988 and or\nunder Chapter 9 of the lndian Penal Code 1860.\nThe report under sub-section (2) shail be deemed to be a report,\nfiled on completion of investigation, referred to in section 173 of\nthe Code of Criminal Procedure, '1973.\n\n14\nCHAPTER. V\nEXPENSES OF LOKAYUKTA TO BE CHARGED ON\nTHE CONSOLIDATED FUND OF THE STATE",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "Section 13. The adminislrative expenses ol the Lokayukta, lncluding all salaries,",
            "chapter": null,
            "content": "allowances and pensions payable to or in respect of the Chairperson,\nMembers or Secretary or other otficers or staff of the Lokayukta, shall\nbe charged upon the Consolidated Fund of the $ate and any fees or\nother moneys taken by the Lokayukta shall form part of that Fund.\nCHAPTEB - VI\nJURISDICTION IN RESPECT OF INOUIBY",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "Section 14. (1) Subject to the other provisions ot this Act, lhe Lokayukta shall",
            "chapter": null,
            "content": "inquire or cause an inquiry to be conducted into any matter\ninvolving. or arising from, or connected with, any allegation ol\ncorruption made in a complaint in respect of the following,\nnamely:-\n(a) any person who is or has been a Chief Minister;\n(b) any other person who is or has been a Minister of the State;\n(c) any person who is or has been a Member of the Arunachal\nPradesh Legislative Assembly;\n(d) any person who is Chairperson or a member by whatever name\ncalled, of a Panchayat or a Municipality as respectively\nprovided in articles 243-8 and 243-Q ol the Constitution of\nlndia;\n(e) any officeror employee of the State, referred to in sub- clauses\n(i) and (ii) ol clause (c) of section 2 ol the Prevention of\nCorruption Act, 1988 when serving or who has served, in\nconneclion wilh the alfairs of the State;\n(l) any ofiicer or employee relerred to in clause (e) or holding\nequivalent post in any Body or Board orcorporation or authority\nor company or society or lrust or autonomous body (by\nwhatever name called) established by any Act of Parliament\nor of a State Legislature which is wholly or partly financed by\nthe Government or conlrolled by it;\n(g) any person who is or has been a director, manager, secretary\nor other olficer ol every other society or association of persons\nor trust (whether regislered under any law lor the time being in\nlorce or not), bywhatever name called, wholly or partly financed\nor aided by lhe Government and the annual income ol which\nexceeds such amount as the Government may, by notirication,\nspecily ;\n\n15\n(h) any person who is or has been a director, manager, secretary\nor other officer ol every other society or association of persons\nor trust (whether registered under any law for the time being in\nforce or not) in receipt of any donation from the public and the\nannual income of which exceeds such amount as the\nGovernment may, by notification, specify or from any foreign\nsource under the Foreign Contribution (Regulation) Act, 2010\nin excess of len lakh rupees in a year or such higher amount\nas the Central Government may, by notification, specify:\nProvided that any person referred to in this clause shall\nbe deemed to be a public servant under clause (c) of section\n2 olthe Prevention of CorruptionAct, 1988 and or under section\n21 of the lndian Penal Code, 1860 and the provisions ol that\nAct shall apply accordingly.\n(2) Notwithstanding anything conta;ned in sub-section (1), the\nLokayukta shall not inquire into any matter involving or arising\nfrom, or connected with, any such allegation of corruption against\nany Member of the Arunachal Pradesh Legislative Assembly in\nrespecl ol anything said or avote given by him in the saidAssembly\nor any committee thereof covered under the provisions contained\nin clause (2) of article 194 ol the Constitution of lndia.\n(3) The Lokayukta may inquire into any act or conduct of any person\nother than those referred to in sub-section (1), if such person is\ninvolved in the act of bribe giving or bribe taking or abetting the\nsame or in conspiracy relating to any allegation ofcorruption under\nthe Prevention of Corruption Act, 1988 against a person\nreferred to in sub-section (1):\nProvided that no action under this section shall be taken in\ncase of a person serving in connection with the affairs of the Union,\nwithout the consent ol the Central Government.\n(4) No matter in respect of which a complaint has been made to the\nLokayukta under this Act shall be referred for inquiry under the\nCommissions of Inquiry Act, 1952.\nExplanalion.- For the removal of doubts, it is hereby declared\nthat a complaint under this Act shall only relate lo a period during\nwhich the public servant was holding or serving in that capacity.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "Section 15. ln case any matter or proceeding related to allegation ol corruption",
            "chapter": null,
            "content": "under the Prevention of Corruption Act, 1988 and or Chapter 9 of the\nlndian Penal Code 1860 has been pending belore any Court or\nCommittee ofthe Legislative Assembly of the Sate or before any other\nauthority priorto commencement of thisAct or priorlo commencement\nol any inquiry after the commencement of this Act, such matter or\nproceeding shallbe continued before such court, committee orauthority.\n\n16",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "Section 16. (1) Sublect to the provisions of this Act,",
            "chapter": null,
            "content": "(a) the jurisdiction of the Lokayukta may be exercised by benches\nthereof:\n(b) a bench may be constituted by the Chairperson with two or\nmore Members as the Chairperson may deem fit;\n(c) every bench shall ordinarily consist ol at least one Judicial\nl\\4ember;\n(d) where a bench consists ol the Chairperson, such bench shall\nbe presided over by the Chairperson;\n(e) where a bench consists of a Judicial Member and a non-\nJudicial lVember, not being the Chairperson, such bench shall\nbe presided over by the Judicial Member;\n(l) the bench of the Lokayukta shall ordinarily sit at llanagar and\nat such other places as the Lokayukta may, by regulations,\nspecify.\n(2) The Lokayukta shall notify the areas in relalion to which each bench\nol the Lokayukta may exercise jurisdiction.\n(3) Notwithstanding anything contained in sub-section (2), the\nChairperson shall have the power to constitute or reconstitute\nbenches ,rom time to time.\n(4) lf at any stage of the hearing of any case or matter, it appears to\nthe Chairperson or a Member that the case or matter is of such\nnature that it ought to be heard by a bench consisting of two or\nmore Members, the case or matter may be transferred by the\nChairperson or, as the case may be, referred to him lor transfer, to\nsuch bench as the Chairperson may deem fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "Section 17. Where benches are constituted, the Chairperson may, from time to",
            "chapter": null,
            "content": "time, by notification, make provisions as to the distribulion of the\nbusiness ol the Lokayukta amongst the benches and also provide for\nthe matters which may be dealt with by each bench.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "Section 18. On an application for transfer made by the complainant or the public",
            "chapter": null,
            "content": "servant, the Chairperson, after giving an opportunity of being heard to\nthe complainant orthe public servant, as the case may be, may transler\nany case pending belore one bench for disposal to any other bench.\n'19. lf the Members ol a bench consisting of an even number of Members\ndifler in opinion on any point, they shall state the point or points on\nwhich they differ, and make a reference to the Chairperson who shall\nhear the point or points himself and settle the issue.\n\n17\nCHAPTER . VII\nPROCEDURE IN RESPECT OF PBELIMINARY INOUIHY AND\nINVESTIGATION",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "20",
            "title": "Section 20. (1) The Lokayukta, on receipt of a complaint, il it decides to proceed",
            "chapter": null,
            "content": "further, may order,-\n(a) preliminary inquiry against any public servant by its lnquiry\nWing or any agency to ascertain whether there exists a prima\nfacie case for proceeding in the matter; or\n(b) investigation by any agency or authority empowered under\nany law to investigate, where there exists a prima facie case:\nProvided that any investigation under this clause shall\nbe ordered only il in the opinion of the Lokayukta there is\nsubstantial material relating to the existence of a prima facie\ncase or any earlier statutory investigation orenquiry regarding\nthe same complaint reveals that a prima lacie case exists;\nProvided further that before ordering an investigation\nunder this clause, the Lokayukta shall call forthe explanation\nof the public servant and views of the competent authority,\nso as to determine whether there exists a prima facie case\nfor investigation:\nProvided also that adecision to order investigation under\nthis clause shall be taken by a bench constituted by the\nChairperson under section 16.\n(2) During the preliminary inquiry referred to in sub-section (1), the\nlnquiry Wing or any agency shall conduct a preliminary inquiry\nand on the basis of material, information and documents collected,\nseek the comments on the allegations made in the complaint from\nthe public servant and competent authority and after obtaining the\ncomments ofthe concerned public servant and competent authority,\nsubmit, within sixty days from the date ot receipt ot the reference,\na report to the Lokayukta.\n(3) A bench consisting of not less than two l\\,tembers of the Lokayukta\nshall consider every report received under sub-section (2) from\nthe lnquiry Wing or any agency and after giving an opportunity of\nbeing heard to the public servant, decide as lo whetherthere exists\na prima facie case, and make recommendations to proceed with\none or more ol the following actions, namely :-\n(a) investigation by any agency (including any special investi-\ngation agency);\n\n18\n(b) initiation of the departmental proceedings or any other\nappropriate action against the concerned public servant by\nthe competent authority:\n(c) closure of the proceedings againsl the public servant and\ntake action to proceed against the complainant under section",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "46",
            "title": "Section 46. (4) The promotion and other service benefits of a public servant",
            "chapter": null,
            "content": "mentioned in clauses (e) to (h) of sub-section (1) of section 14\nshall not be affected untilthe public servant is put under suspension\non recommendalion ol the Lokayukta under section 32 or charge\nsheet is filed after completion of investigation under clause (a) of\nsub-section (3) or a charge memo is issued against the said public\nservant in adisciplinary proceeding initiated on the remmmendation\nof the Lokayukta under clause (b) of sub-section (3).\n(5) Every preliminary inquiry referred to in sub'section (1) shall\nordinarily be completed within a period of ninety days and for\nreasons to be recorded in writing, within a further period of ninety\ndays lrom the date of receipt of the complaint.\n(6) ln case the Lokayukta decides to proceed to investigate into the\ncomplaint, it shall, by order in writing, direct any investigating\nagency (including any special agency) to carry out the investigation\nas expeditiously as possible and complete the investigation within\na period of six months from the date of its order:\nProvided thatthe Lokayukta, for the reasons to be recorded\nin writing, may extend the said period by a further period not\nexceeding six months at a time and for the maximum period of\ntwo years.\n(7) Notwithstanding anything contained in section 173 ol the Code of\nCriminal Procedure, 1973, any investigating agency (including any\nspecial agency) shall, in respect of cases referred to it by the\nLokayukta, submit the investigation report to the Lokayukta.\n(8) A bench consisting of not less than two Members of the Lokayukta\nshall consider every report received by it under sub-section (7)\nfrom any investigating agency (including any special agency) and\nmay, decide as lo--\n(a) liling ol charge-sheet or closure report belore the Special\nCourt against the public servant;\n(b) initiating the departmental proceedings or any other\nappropriate action against the concerned public servant by\nthe competent aulhority.\n\n19\n(9) The Lokayukta may. after taking a decision under sub-section (8)\non the filing of the charge sheet, direct its Prosecution Wing to\ninitiate prosecution in a Special Court in respect ol cases\ninvestigated by any investigating agency (including any special\nagency).\n(10) The Lokayukta may, during the preliminary inquiry or the\ninvestigation. as the case may be, pass appropriate orders for the\nsafe custody ol the documents relevant to the preliminary inquiry\nor, as the case may be, investigation, as it deems fit.\n(11) The website ol the Lokayukta shall, from time to time and in such\nmanner as may be specified by regulations, display to the public,\nthe status of number of complaints pending before it or disposed\nol by it.\n(12)The Lokayukta may retain the original records and evidences, which\nare likely to be required in the process of preliminary inquiry or\ninvestigation or conduct of a case by it or by the Special Court.\n(13) Save as otherwise provided, the manner and procedure of\nconducting a preliminary inquiry or investigation (including such\nmaterial and documents to be made available to the public servant)\nunder this Act, shall be such as may be specified by regulations.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "Section 21. lf, at any stage of the proceeding, the Lokayukta -",
            "chapter": null,
            "content": "(a) considers it necessary to inquire into the conduct of any person\nother than the accused; or\n(b) is ol opinion that the reputation of any person other than an accused\nis likely to be prejudicially affected by the preliminary inquiry, it\nshall give to that person a reasonable opportunity ol being heard\nin the preliminary inquiry and to produce evidence in his defence,\nconsistent with the principles of natural justice.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "Section 22. Subject to the provisions of this Act, lor the purpose of any preliminary",
            "chapter": null,
            "content": "inquiry or investigation, the LokayuKa or the investigating authority,\nas the case may be, may require any public servant or any other person\nwho, in its opinion, is able to furnish information or produce documents\nrelevant to such preliminary inquiry or investigation, to furnish any\nsuch information or produce any such document.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "Section 23. ('1) ASpecialCourt may, notwithshnding anything contained in section",
            "chapter": null,
            "content": "'197 of the Code of Criminal Procedure. 1973 or section 19 of the\nPrevention ol Corruption Act, 1988, on filing ol a charge sheet on\ncompletion of investigation, by the Lokayukta, take cognizance of\notfence committed by any public servant.\n\n20\n(2) Nothing contained in sub-section (1) shall apply in respect of the\npersons holding the office in pursuance of the provisions of the\nConstitution of lndia and in respect of which a procedure for removal\nof such person has been specified therein.\n(3) The provisions contained in sub-sections (1 ) and (2) shall be without\nprejudice to the generality of the provisions contained in article\n311 and sub-clause (c) of clause (3) ol article 320 of the Constitution\nof lndia.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "Section 24. Where, after the conclusion of the investigation, the findings ol the",
            "chapter": null,
            "content": "Lokayukta disclose the commission of an offence under the\nPrevention of Corruption Act, 1988 and or under Chapter 9 ol the\nlndian Penal Code, 1860 by a public servanl referred to in clause (a)\nor clause (b) or clause (c) of sub-section (1) of section 14, the Lokayukta\nmay file a case in the Special Court and shall send a copy of the report\ntogether with ils findings to the competent authority.\nCHAPTER . VIII\nPOWERS OF THE LOKAYUKTA",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "Section 25. The Lokayukta shall, notwithstanding anything contained in any other",
            "chapter": null,
            "content": "law for the time being in force, have the powers of superintendence\nand direction over the investigating agency in respect of the matters in\nso far as they relate to the investigation made by such agency under\nthis Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "Section 26. (1) lf the Lokayukta has reasons to believe that any document which,",
            "chapter": null,
            "content": "in its opinion, shall be useful for, or relevant to, any investigation\nunder this Act, are secreted in any place, it may authorise any\nagency to whom the investigation has been given to search for\nand to seize such documents.\n(2) ll the Lokayukta is satisfied that any document seized under sub-\nsection (1) may be used as evidence lor the purpose of any\npreliminary inquiry or investigation under this Act and that it shall\nbe necessary to retain the document in its custody or in the custody\nof such officer as may be authorised, it may so retain or direct\nsuch authorised officer to retain such document till the completion\nof such preliminary inquiry or investigation as the case may be:\nProvided that where any document is required to be\nreturned, the Lokayukta or the authorised officer may return the\nsame after retaining copies of such document duly authenticated\nin the manner as may be prescribed.\n\n27 . 11)\n(21\n28 (1)\n(2)\n(3)\n21\nSubjecl to the provisions of this section, for lhe purpose of any\npreliminary inquiry, the lnquiry Wing of the Lokayukta shall have\nall the powers ol a civil court, under the Code of Civil Procedure,\n'1908,while trying a suit in respect of the following matters, namely:-\n(i) summoning and enforcing the attendance of any person and\nexamining him on oath;\n(ii) requiring the discovery and production of any document;\n(iii) receiving evidence on alfidavits:\n(iv) requisitioning any public record or copy thereof from any court\nor office;\n(v) issuing commissions for the examination ol witnesses or\ndocuments:\nProvided that such commission, in case of a witness, shall\nbe issued only where the witness, in the opinion of the\nLokayukta, is not in a position to attend the proceeding before\nthe Lokayukta; and\n(vi) such olher matters as may be prescribed.\nAny proceeding before the Lokayukta shall be deemed to be a\njudicial proceeding within the meaning of seclion 193 olthe lndian\nPenal Code, 1860.\nThe Lokayukta may, for the purpose of conducting any preliminary\ninquiry or investigation, utilise the services of any officer or\norganisation or investigation agency of the Government.\nFor the purpose of preliminary inquiry or investigating into any\nmatter pertainlng to such inquiry or investigation, any officer or\norganisation or agency whose services are utilised under sub-\nsection (1) may, subject to the superintendence and direction of\nthe Lokayukta,\n(a) summon and entorce the attendance of any person and\nexamine him;\n(b) require the discovery and production of any document ; and\n(c) requisition any public record or copy thereof from any office.\nThe officer or organization or agency whose services are utilized\nunder sub-seclion (2) shall inquire or, as the case may be,\ninvestigate into any matter pertaining to the preliminary inquiry or\ninvestigation and submit a report thereon to the Lokayukta within\nsuch period as may be specified by it in this behalf.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "2s",
            "title": "Section 2s. (1)",
            "chapter": null,
            "content": "(2)\n(3)\n(4)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "30",
            "title": "Section 30. (1)",
            "chapter": null,
            "content": "22\nWhere the Lokayukta or any investigating ofiicer authorized by it\nin this behalf. has reasons to believe. the reason for such belief to\nbe recorded in writing, on the basis of material in his possession,\nthat,-\n(a) any person is in possession of any proceeds of\ncorruption;\n(b) such person is accused of having committed an offence relating\nto corruptiont and\n(c) such proceeds of oflence are likely to be concealed,\ntransferred or dealt with in any manner which may result in\nfrustrating any proceedings relating to confiscation of such\nproceeds of orfence, the Lokayukta orthe investigating officer,\nmay, by order in writing, provisionally attach such property\nfor a period not exceeding ninety days from the date of the\norder, in the manner as provided in the Second Schedule to\nthe lncome{ax Act, '1961 and the Lokayukta and the ollicer\nshall be deemed to be an officer under sub-rule (e) ol rule 1\nof that Schedule.\nThe Lokayukta shall, immediately after attachment under sub-\nsection (1), forward a copy of the order, along with the material in\nhis possession, referred to in that sub-section, to the SpecialCourt,\nin a sealed envelope, in the manner as may be prescribed and\nsuch Court may extend the order ol attachment and keep such\nmaterial for such period as the Court may deem fit.\nEvery order of attachment made under sub-section (1) shall cease\nto have effect after the expiry of the period specified in that sub-\nsection or after the expiry of the period as directed by the Special\nCourt under sub-section (2).\nNothing in this section shall prevent the person interested in the\nenjoyment ol the immovable property attached under sub-section\n(1) or sub-section (2), from such enjoyment.\nExplanation.-For the purposes of this sub-section,\n\"person interested\", in relation to any immovable property, includes\nall persons claiming or entitled to claim any interest in the property.\nThe Lokayukta, when it provisionally attaches any property under\nsub-section (1) of section 29 shall, within a period of thirty days of\nsuch attachment, direct its prosecution wing to file an application\nstating the facts of such attachment before the Special Court and\nmake a prayer for confirmation of attachment of the property till\ncompletion of the proceedings against the public servant in the\nSpecial Court.\n\n23\n(2) The Special Court may, if it is of the opinion that the property\nprovisionally atlached had been acquired through corrupt means,\nmake an order for confirmation of attachment of such property till\nthe completion of the proceedings against the public servant in\nthe Special Court.\n(3) llthe public servant is subsequently acquitted of the charges framed\nagainst him, the property, subjectto the orders ofthe Special Court,\nshallbe restored to the concerned publicservant along with benefits\nfrom such property as might have accrued during the period of\nattachment.\n(4) lf the public servant is subsequently convicted of the charges of\ncorruption, the proceeds relatable to the olfence under the\nPrevention of Corruption Act, 1988 shall be confiscated and vest\nin the Government lree from any encumbrance or leasehold interest\nexcluding any debt due to any bank or financial institution.\nExplanation. -For the purposes of this sub-section, the\nexpressions \"Bank\", \"debt\" and \"financial institution\" shall have\nthe meanings respectively assigned to them in clauses (d), (g)\nand (h) of section 2 ol the Recovery ol Debts Due to Banks and\nFinancial lnstitutions Act, 1993.\n31 . (1 ) Without prejudice to the provisions ol sections 29 and 30, where\nthe Special Courl, on the basis ol prima facie evidence. has reasons\nto believe or is satislied that the assets, proceeds, receipts and\nbenefits, by whatever name called, have arisen or procured by\nmeans of corruption by the public servanl, il may pass an order for\nthe confiscation ol such assets, proceeds, recerpb and benelits till\nhis acquittal.\n(2) Where an order of confiscation made under sub-section (1) is\nmodilied or annulled by the High Court orwhere the public servant\nis acquitted by the Special Court, the assets, proceeds, receipb\nand benetits, confiscated under sub-section (l ) shall be returned\nto such public servant, and in case it is not possible tor any reason\nto return the assets, proceeds, receipts and benefits, such public\nservant shall be paid the price thereol including the money so\nconfiscated with the interest from the dale of confiscation at the\nrate as may be prescribed.\nLokayukta to recommend transler or suspension ol public servant\nconnected with allegation ot corruption :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "32",
            "title": "Section 32. (1) Where the Lokayukta, while making a preliminary inquiry into",
            "chapter": null,
            "content": "allegations of corruption, is prima facle satisfied, on the basis of\nevidence available that the continuance ol the public servant,\n\n24\nreferred to in clauses (e) to (h) of sub-section (1) of section 14, in\nhis post is likeiy to affect such preliminary inquiry adversely or is\nlikely to destroy, or in any way tamper with, the evidence or influence\nwitnesses, then, the Lokayukta may recommend to the Government\nfor transfer or suspension of such public servant till such period as\nmay be specified in the order.\n(2) The Government shall ordinarily accept the recommendation of\nthe Lokayukta made under sub-section (1), except for the reasons\nto be recorded in writing in a case where it is not feasible for\nadministrative reasons.\nPower ol the Lokayukta to give directions to prevent destruction ol\nrecords during preliminary lnquiry :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "33",
            "title": "Section 33. The Lokayukta may, in discharge of its functions under this Act, issue",
            "chapter": null,
            "content": "appropriate directions to a public servant entrusted with the preparation\nor custody of any document or record -(a) to protect such document or record from destruction or damage;\n0r\n(b) to prevent the public servant from altering or secreting such\ndocument or record; or\n(c) to prevent the public servant from transferring or alienating any\nassets allegedly acquired by him through corrupt means.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "34",
            "title": "Section 34. The Lokayukta may, by general or special order in writing and subject",
            "chapter": null,
            "content": "to such conditions and limitations as may be specified therein, direct\nthat any administrative or financial power conferred on it may also be\nexercised or discharged by such of its l\\/lembers orofficers oremployees\nas may be specified in the order.\nCHAPTEE . IX\nSPECIAL COUBTS\n35 (1)\n(2)\nThe Government shall constitute such number ol Special Courls,\nas recommended by the Lokayukta, to hear and decide the cases\narising out of the Prevention of Corruption Act, 1988 and or under\nChapter 9 of the lndian Penal Code, '1860 or under this Act.\nThe Special Courts constituted in accordance with the\nrecommendation under sub-section (1) shall ensure completion of\neach trial within a period of one year from the date of tiling of the\ncase in that Court:\nProvided that in case the trial cannot be completed within a\nperiod of one year, the Special Court shall record reasons therefor\nand complete the trial within a further period of not more than",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "36",
            "title": "Section 36. (1)",
            "chapter": null,
            "content": "(2\\\n(3)\n(4)\n25\nthree months or such further periods not exceeding three months\neach, for reasons to be recorded in writing before the end of each\nsuch three months period, but not exceeding a total period of two\nyears.\nNotwithstanding anything contained in this Act or the Code of\nCriminal Procedure, 1973 if. in the course of a preliminary inquiry\nor investigation into an offence or other proceeding under this Act,\nan application is made to a Special Court by an officer of the\nLokayukta authorised in this behalf that any evidence is required\nin connection with the preliminary inquiry or investigation into an\noffence or proceeding under this Act and he is of the opinion that\nsuch evidence may be available in any place in a contracting State,\nand the Special Court, on being satisfied that such evidence is\nrequired in connection with the preliminary inquiry or investigation\ninto an otfence or proceeding under this Act, may issue a letter of\nrequest to a court or an authority in the contracting $ate competent\nto deal with such request to-\n(i) examine the facts and circumstances of the case;\n(ii) take such steps as the Special Court may specify in such\nletter of request; and\n(iii) forward all the evidence so taken or collected to the Special\nCourt issuing such letter of request.\nThe letter of request shall be transmitted in such manner as may\nbe prescribed.\nThe evidence collected in pursuance ofthe letter ofthe request under\nsub-section (1) by the Special Court shall be made available to the\nconcerned authorised ofl icer.\nEvery statement recorded or document or thing received under\nsub-section (1) shall be deemed to be evidence collected during the\ncourse of the preliminary inquiry or investigation.\nCHAPTER . X\nCOiIPLAINTS AGAINST CHAIRPERSON, MEMBERS AND\nOFFICIALS OF THE LOKAYUKTA",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "37",
            "title": "Section 37. (1) The Lokayukta shall not inquire into any complaint made against",
            "chapter": null,
            "content": "the Chairperson or any Member.\n(2) Subject to the provisions of sub-section (4), the Chairperson or\nany N,lember shall be removed from his oflice by order of the\nGovernor on the grounds oi misbehaviour after the High Court ot\nGauhati. on a relerence being made to it by the Governor on a\n\n26\npetition signed by at least twenty tulembers of the Legislative\nAssembly, has, on an inquiry held in accordance with the procedure\nprescribed in that behalf, reported that the Chairperson or such\nMember, as the case may be, oughtto be removed on such ground.\n(3) The Governor may suspend from the otfice, the Chairperson or\nany Member in respect of whom a reference has been made to the\nHigh Court under sub-section (2), on receipt of the recommendation\nor interim order made by the High Court in this regard until the\nGovernor has passed orders on receipt of the final report of the\nHigh Court on such reference.\n(4) Notwithstanding anything contained in sub-section (2), the Governor\nmay, by order, remove from the office, the Chairperson or an\nl\\.4ember, if the Chairperson or such lVlember, as the case may\nbe.*\n(a) is adjudged an insolvent; or\n(b) engages himself during his term of office, in any paid\nemployment outside the duties of his office; or\n(c) is, in the opinion of the Governor, unfit to continue in office\nby reason of infirmity of mind or body.\n(5) lf the Chairperson or any l\\.4ember is, or becomes, in anyway\nconcerned or interested in any contract or agreement made by or\non behalf of the Government of lndia or the Government of a State\nor participates in any way in the profit thereof or in any benefit or\nemolument arising therefrom otherwise than as a member and in\ncommon with the other members of an incorporated company, he\nshall, for the purposes of sub-section (2), be deemed to be guilty\nof misbehaviour.\nComplaints against otficials of Lokayukta :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "38",
            "title": "Section 38. {1 ) Every complaint or allegation made against any officer or employee",
            "chapter": null,
            "content": "or agency under, or associated with, the Lokayukta for an oflence\npunishable under the Prevention of Corruption Act, 1988. and or\nunder Chapter 9 of the lndian Penal Code, 1860 shall be dealt\nwith in accordance with the provisions of this section.\n(2) The Lokayukta shall complete the inquiry into the complaint or\nallegation made within a period ol thirty days from the date of its\nreceipt.\n(3) While making an inquiry into the complaint against any officer or\nemployee of the Lokayukta or agency engaged or associated with\nthe Lokayukta, if it is prima facie satisfied on the basis of evidence\navailable, that continuance of such officer or employee of lhe\n\n27\nLokayukta or agency engaged or associated in his post while\nconducting the inquiry is likely to atfect such inquiry adversely or is\nlikely to destroy or in any way tamper with the evidence or inlluence\nwitnesses, then, the Lokayukta may, by order, suspend such officer\nor employee of the Lokayukta or divest such agency engaged or\nassociated with the Lokayukta ol allpowers and responsibilities here\nto belore exercised by it.\n(4) On completion of the inquiry, if the Lokayukta is satisfied that there\nis prima facie evidence of the commission of an offence under the\nPrevenlion ol Corruption Act. 1988, and or under Chapter I of the\nlndian Penal Code, 1860 it shall. within a period of lifteen days of\nthe completion ol such inquiry, order to prosecute such officer or\nemployee of the Lokayukta or such officer, employee, agency\nengaged or associated with the Lokayukta and initiate disciplinary\nproceedings against the official concerned:\nProvided that no such order shall be passed w(hout giving\nsuch oflicer or employee of the Lokayukta, or agency so engaged\nor associated, a reasonable opportunity of being heard.\nCHAPTER. XI\nASSESSMENT OF LOSS AND BECOVERY THEREOF BY\nSPECIAL COURT",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "39",
            "title": "Section 39. lf any public servant is convicted of an otfence under the Prevention",
            "chapter": null,
            "content": "of Corruption Act, 1988 by the Special Court, without prejudice to any\nlaw for the time being in force, it may make an assessment ol loss, it\nany, caused to the public exchequer on account of the actions or\ndecisions of such public servant not taken in good faith and for which\nhe stands convicted, and may, order recovery of such loss, if possible\nor quantifiable, from such public servant so convicted:\nProvided that if the Special Court, for reasons to be recorded\nin writing, comes to the conclusion that the loss caused was pursuant\nto a conspiracy with the beneficiary or beneficiaries of actions or\ndecisions of the public servant so convicted, then such loss may, if\nassessed and quantifiable under this section, also be recovered lrom\nsuch beneficiary or beneficiaries proportionately.\nCHAPTER.XII\nFINANCE, ACCOUNTS AND AUDIT",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "40",
            "title": "Section 40. The Lokayukta shall prepare. in such lorm and at such time in each",
            "chapter": null,
            "content": "linancial year as may be prescribed, its budget for the next financial\nyear, showing the estimated receipts and expenditure o{ lhe Lokayukta\nand forward the same to the Government for information.\n\n28\n41 . The Government may, after due appropriation made by the Legislative\nAssembly by law in this behalf, make to the Lokayukta grants of such\nsums of money as are required to be paid forthe salaries and allowances\npayable to the Chairperson and l\\.4embers and the administrative\nexpenses, including the salaries and allowances and pension payable\nto or in respect of officers and other employees of the Lokayukta.\nAnnual slatement ol accounls. Furnishing oI returns etc, to\nGovernment :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "42",
            "title": "Section 42. (1) The Lokayukta shall maintain proper accounts and other relevant",
            "chapter": null,
            "content": "records and prepare an annual statement of accounts in such form\nas may be prescribed in consultation with the Accountant General,\nArunachal Pradesh.\n(2) The accounts of the Lokayukta shall be audited by the Accountant\nGeneral, Arunachal Pradesh at such intervals as may be specified\nby him.\n(3) The Accountant General, Arunachal Pradesh or any person\nappointed by him in connection with the audit of the accounts of\nthe Lokayukta underthisAct shall have the same rights, privileges\nand authority in connection with such audit, as the Accountant\nGeneral, Arunachal Pradesh generally has, in connection with the\naudit of the Government accounts and, in particular, shall have\nthe right to demand the production ol books, accounts, connected\nvouchers and other documents and papers and to inspect any of\nthe offices of the Lokayukta.\n{4) The accounts of the Lokayukta, as ce(ified by the Accountant\nGeneral, Arunachal Pradesh or any other person appointed by him\nin this behalf, together with the audit report thereon, shall be\nforwarded annually to the Government and the Government shall\ncause the same to be laid before theArunachal Pradesh Legislative\nAssembly.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "43",
            "title": "Section 43. The Lokayukta shall furnish to the Government, at such time and in",
            "chapter": null,
            "content": "such form and manner as may be prescribed or as the Government\nmay request, such returns and statements and such particulars in regard\nto any matter under the jurisdiction ofthe Lokayukta, as the Government\nmay. from time lo lime. require.\nCHAPTER- XIII\nOECLARATION OF ASSETS\nDeclaration ol assets :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "44",
            "title": "Section 44. (1) Every public servant shall make a declaration of his assets and",
            "chapter": null,
            "content": "liabilities in the manner as provided by or under this Act.\n\n29\n(2) A public servant shall, within a period of thirty days from the date\non which he makes and subscribes an oath or affirmation to enter\nupon his office. furnish to the competent authority the information\nrelatinq to-\n(a) the assets of which he, his spouse and his dependent children\nare, jointly or severally, owners or beneficiaries;\n(b) his liabilities and that of his spouse and his dependent children.\n(3) A public servant holding his olfice as such, at the time of the\ncommencement of this Act, shall furnish information relating to\nsuch assets and liabilities, as referred to in sub-section (2), to the\ncompetent authority within ninety days of the coming into force of\nthis Act.\n(4) Every public servant shall file with the competent authority, on or\nbelore the thirtyjirst July of every year, an annual return of such\nassets and liabilities, as referred to in sub-section (2), as on the\nthirtyjirst March of that year.\n(5) The information under sub-section (2) or sub-section (3) and annual\nreturn under sub-section (4) shall be furnished to the competent\nauthority in such form and in such manner as may be prescribed.\n(6) The competent authority in respect of each Department shall\nensure that all such statements are published on the website ol\nsuch Department by thirtyjirst August ol that year.\nExplanation.-For the purposes of this section, \"dependent\nchildren\" means sons and daughters who have no separate means\nof earning and are wholly dependent on the public servant for\ntheir livelihood.\nPresumption as to acquisition ol assets by corrupt means in certain\ncases :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "45",
            "title": "Section 45. lf any public servant willlully or for reasons which are not justiliable,",
            "chapter": null,
            "content": "fails to declare his asset or gives misleading information in respect ol\nsuch assets and is tound to be in possession of assets not disclosed or\nin respect of which misleading information was turnished, then, such\nassets shall, unless otherwise proved, be presumed to belong to the\npublic servant and shall be presumed to be assets acquired by corrupt\nmeans:\nProvided that the competent authority may condone or exempt\nthe public servant from furnishing information in respecl of assets not\nexceeding such minimum value as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "46",
            "title": "Section 46. (1)",
            "chapter": null,
            "content": "(2)\n(3)\n(4)\n(5)\n(6)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "47",
            "title": "Section 47. (1)",
            "chapter": null,
            "content": "30\nCHAPTER-XIV\nOFFENCES AND PENALTIES\nNotyvithstanding anything contained in this Act, whosoever makes\nany false and frivolous or vexatious complaint under the Act shall,\non conviction, be punished with imprisonment for a term which\nmay extend to two years and fine which may extend to one lakh\nrupees.\nNo Court, except a Special Court. shall take cognizance of an\noffence under sub- section (1).\nNo Special Court shall take cognizance of an offence under sub-\nsection ('1) except on a complaint made by a person against whom\nthe false, frivolous orvexatious complaint was made or by an officer\nauthorised by the Lokayukta.\nThe prosecution in relation to an offence under sub-section (1)\nshall be conducted by the public prosecutor and all expenses\nconnected with such prosecution shall be borne by the Government.\nln case of conviction of a person being an individual or society or\nassociation of persons or trust (whether registered or not) for having\nmade a false complaint under this Act, such person shall be liable\nto pay compensation to the public servant against whom he made\nthe false complaint in addition to the legal expenses for contesting\nthe case by such public servant, as the Special Court may\ndetermine.\nNothing contained in this section shall apply in case of complaints\nmade in good faith.\nExplanation-For the purpose of this sub-section, the\nexpression \"good faith\" means any act believed or done by a person\nin good faith with due care, caution and sense of responsibility or\nby mistake of fact believing himself justified by law under section\n79 of the lndian Penal Code, 1860.\nWhere any offence under sub-section (1) of section 45 has been\ncommitted by any society or association of persons ortrust (whether\nregistered or not), every person who, at the time the offence was\ncommitted, was directly in charge of, and was responsible to, the\nsociety or association of persons or trust, for the conduct of the\nbusiness or affairs or activities of the society or association ol\npersons or trust as well as such society or association of persons\nor trust shall be deemed to be guilty of the offence and sha be\nliable to be proceeded against and punished accordingly:\n\n31\nProvided that nothing contained in this sub-section shall\nrender any such person liable to any punishment provided in this\nAct, if he proves that the offence was committed without his\nknowledge or that he had exercised all due diligence to prevent\nthe commission of such offence.\n(2) Notwithstanding anything contained in sub-section (l), where an\noffence under this Act has been committed by a sociely or\nassociation of persons or trust (whether registered or not) and it is\nproved that the offence has been committed with the consent or\nconnivance of, or is attributable to any neglect on the part of, any\ndirector, manager, secrelary or other otficer of such society or\nassociation of persons or trusl, such director, manager, secretary\nor other officer shall also be deemed to be guilty ol that offence\nand shall be liable to be proceeded against and punished\naccordingly.\nCHAPTER - XV\nMISCELLANEOUS",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "48",
            "title": "Section 48. lt shall be the duty of the Lokayukta to present annually to the Governor",
            "chapter": null,
            "content": "a reporl on the work done by the Lokayukta and on receipt ol such\nreport the Governor shall cause a copy thereof together with a\nmemorandum explaining, in respect of the cases, if any, where the\nadvice of the Lokayukta was not accepted, the reason for such non-\nacceptance to be, laid before the Arunachal Pradesh Legislative\nAssembly.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "49",
            "title": "Section 49. No suil, prosecutlon or other legal proceedings under this Act shall lie",
            "chapter": null,
            "content": "against any public servant, in respect of anything which is done in\ngood faith or intended to be done in the discharge of his official functions\nor in exercise of his powers.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "50",
            "title": "Section 50. No suit, prosecution or olher legal proceedings shall lie against the",
            "chapter": null,
            "content": "Lokayukta or against any office( employee, agency or any person, in\nrespect of anything which is done in good faith or intended to be done\nunder this Act or the rules or the regulations made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "51",
            "title": "Section 51. The Chairperson, Members, officers and other employees of the",
            "chapter": null,
            "content": "Lokayukta shall be deemed, when acting or purporting to act in\npursuance of any ol the provisions ol this Act, to be public servants\nwithin the meaning of section 21 of the lndian Penal Code, 1860.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "52",
            "title": "Section 52. The Lokayukta shall not inquire or investigate into any complaint, if",
            "chapter": null,
            "content": "the complaint is made after the expiry of a period of seven years from\nthe date on which the offence mentioned in such complaint is alleged\nto have been committed.\n\n32\nJurisdiction:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "53",
            "title": "Section 53. No civilcourt shall have jurisdiction in respect of any matter which the",
            "chapter": null,
            "content": "Lokayukta is empowered by or under this Act to determine.\nLegal assistance :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "54",
            "title": "Section 54. The Lokayukta shall provide to every person against whom a complaint",
            "chapter": null,
            "content": "has been made. before it, under this Act. legal assistance to defend\nhis case before the Lokayukta, if such assistance is requested for.\nAct to have overriding etlect. Provisions ol this Act to be in addition\nto olher laws :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "55",
            "title": "Section 55. The provisions of this Act shali have effect notwithstanding anything",
            "chapter": null,
            "content": "inconsistent therewith contained in any enactment other than this Act\nor in any instrument having effect by virtue of any enactment other\nthan this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "56",
            "title": "Section 56. The provisions ofthisActshall be in addition to. and not in derogation",
            "chapter": null,
            "content": "of, any other laws for the time being in torce.\nPower to make rules :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "57",
            "title": "Section 57. (1) The Government may, by notification, make rules to carry out",
            "chapter": null,
            "content": "the provisions of this Act.\n(2) ln particular, and without prejudice to the generality ofthe foregoing\npowers, such rules may provide for all or any ol the following\nmatters, namely:-\n(a) the form of complaint refened to in clause (d) of sub-section\n(1) of section 2;\n(b) the term of the Search Committee, the fee and allowances\npayable to its members and the manner of selection of panel\nol names under sub-section (5/ of section 4;\n(c) the post or posb in respect of which the appointment shall be\nmade after consultation with the Arunachal Pradesh Public\nService Commission under the proviso to sub- section (3) of\nsection 10;\n(d) other matters for which the Lokayukta shall have the powers\nof a civil court under clause (vi) ol sub-section (1) ol\nsection 27;\n(e) the manner of sending the order of attachment along with the\nmaterial to the Special Court under sub-section (2) of\nsection 29;\n(f) the rate of interest as contemplated under sub-clause (2) of\nsection 31:\n\n33\n(g) the manner oftransmitting the letter of request under sub-section\n(2) of section 35;\n(h) the form and the time for preparing in each financial yearthe\nbudgetforthe nex financialyear, showing the estimated receipts\nand expenditure of the Lokayukta under section 39;\n(i) the form for maintaining the accounts and other relevant\nrecords and the form of annual statement of accounts under\nsub-section (1) of section 41 ;\n(j) the form and manner and the time for preparing the returns\nand statements along with particulars under section 42;\n(k) the form and the time for preparing an annual return giving a\nsummary of its activities during the previous year under sub-\nsection (5) of section 43;\n(l) the form of annual return to be filed by a public servant under\nsub-section (5) of section 43;\n(m) the minimum value for which the competent authority may\ncondone or exempt a public servant from furnishing\ninformation in respect of assets under the proviso to section\n44; and\n{n) any other matter which is to be or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "58",
            "title": "Section 58. (1) Subjectto the provisions ofthisAct andthe rules madethereunder,",
            "chapter": null,
            "content": "the Lokayukta may, by notification, make regulations to carry out\r\nthe provisions of this Act.\r\nf4 ln particular, and without prejudice to the generality of the foregoing\r\npower, such regulations may provide for all or any of the following\r\nmatters, nameiy:-\r\n(a) the conditions of service of the secretary and other officers\r\nand staff of the Lokayukta and the matters which in so far as\r\nthey relate to salaries, allowances, leave or pensions, require\r\nthe approval of the President under sub-section (4) of section\r\n'10 \r\n;\r\n(b) he dace of sittings of benches of tfp Lokayukh under subclause (0 ot\r\nsubseclion(1) of seclion 17;\r\n(c) the manner for displaying on the website ot the Lokayukta,\r\nthe status of all complaints pending or disposed of along with\r\nrecords and evidence with reference thereto under sub-section\r\n(10) of section 21;\r\n(d) the manner and procedure of conducting an preliminary inquiry\r\nor investigation under sub-section (7r) ol section 20;\r\n(e) any other matter which is required to be, or may be, specified\r\nunder this Act.\r\n\r\n34\r\n59 (1) lf any ditficulty arises in giving effect to the provisions of this Act,\r\nthe Government may, by order, published in the Official Gazette,\r\nmake such provisions not inconsistenl with the provisions of this\r\nAct, as appear to be necessary for removing the difficulty :\r\nProvided that no such order shall be made after the expiry ol\r\na period of two years lrom the commencement of this Act.\r\n(2) Every order made under this section shall be laid, as soon as may\r\nbe, alter it is made, belore the Arunachal Pradesh Legislative\r\nAssembly.\r\nC.P Mansai\r\nSecretary to the\r\nGovernment of Arunachal Pradesh,\r\nItanagar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        }
    ],
    "metadata": {
        "Act ID": "20147",
        "Act Number": "7",
        "Enactment Date": "2014-05-20",
        "Act Year": "2014",
        "Short Title": "The ABUNACHAL PRADESH LOKAYUKTA ACT,2014",
        "Long Title": "An Act to provide for establishment of body of Lokayukta for the State of Arunachal Pradesh to inquire into allegations of corruptions against certain public functionaries and matters connected therewith and incidental thereto",
        "Department": "Department of LAW AND JUDICIAL",
        "Abstract": "EOG",
        "Enforcement Date": "20-05-2014",
        "Type": "STATE",
        "Location": "Arunachal Pradesh",
        "Notification": "No. 83, Vol.XXI Dated 20th  May, 2014"
    },
    "updated_at": "2026-09-29 21:51:59"
}