Meghalaya act 1 of 2002 : The MEGHALAYA LOKAYUKTA AND UP-LOKAYUKTAS ACT, 2000 , ACT NO. 1 OF 2002

The 22nd February, 2002

No. LL(B) 11/99/91- The following Act of the Meghalaya Legislative Assembly which received the assent of the President of India is hereby published for general information.

MEGHALAYA ACT NO. 1 OF 2002

THE MEGHALAYA LOKAYUKTA AND UP-LOKAYUKTAS ACT, 2000

(As passed by the Assembly on the 13th April, 2000)

(Received the assent of the President on 15th February, 2000

(Published in the Gazette of Meghalaya, Extra-ordinary, dated 22nd February, 2002)

An

Act

To make provisions for appointment and functions at Lokayukta an Up-Lokayukta in Meghalaya and for matter connected therewith or incidental thereto.

Whereas, i t is expedient to make provisions for the appointment of Lokayuktas and Up-Lokayuktas i n Meghalaya f or t he i nvestigation of gr ievance a nd allocations against Ministers, L egislators an d o ther p ublic ser vants i n cer tain cases an d f or matters c onnected therewith.

Be it enacted by the Legislature of the State of Meghalaya in the Fifty-first Year of the Republic of India as follows:-

Short title, extent and 1 (1) This Act may be called the Meghalaya Lokayukta and commencement Up-Lokayukta Act, 2000 (2) It extends to the whole of the State of Meghalaya and applies a lso t o t he publ ic s ervants pos ted out side Meghalaya in connection with the affairs of the State of Meghalaya. (3) It shall come into force at once. Definitions 2 In this Act, unless the context otherwise requires:-

(a) “Act” means the Me ghalaya L okyukata an d U p- Lokyukata Act, 2000;

(b) “Action” m eans a ction t aken by w ay of de cision, recommendation of finding or in any other manner and includes f ailure t o a ct, a nd a ll ot her e xpression connoting action shall be constructed accordingly;

(c) “allegation” in relation to a public servant, means any affirmation that such public servant- i) Has abused his pos ition a s such to obtain any

gain or favour to himself or to any other person or t o c ause undue ha rm or ha rdship t o a ny other person;

ii) Was activated in the discharge of his functions as su ch p ublic ser vant by p ersonal i nterest o r improper or corrupt motive; or

iii) Is gui lty of corruption, or l ack of i ntegrity in his capacity as such public servant;

(d) “Component authority” in relation to a public servant, means- i) In the case of Minister or Secretary or member

of t he L egislative A ssembly- the C hief Minister.

ii) In t he c ase of a ny ot her publ ic s ervant- such authority as may be prescribed;

(e) “Governor” m eans t he G overnor of t he S tate of Meghalaya.

(f) “grievance” means a cl aim b y a p erson t hat h e substituted injustice or undue hardship in consequence of mal-administration;

(g) “Lokyukata” m eans a pe rson appointed as t he Lokyukata a nd “Up-Lokyukata” means a p erson appointed as an Up-Lokyukata under Section 3;

(h) “Mal-administration” means act ion t aken o r purporting t o ha ve be en t aken i n e xercise of administrative function in any case- i) Where s uch a ction or th e a dministrative

procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or

ii) Where t here h as been ne gligence or undue delay i n t aking such a ction or t he administrative procedure or practice governing such action involves undue delay;

(i) “Minister” m eans a member ( other t han t he C hief Minister) o f th e C ouncil of M inisters by w hatever name called, for the State of Meghalaya, that is to say a Mi nister, a Mi nister of S tate o r a D eputy Minister and also includes Parliamentary Secretary;

(j) “Officer” means a person appointed to a public service or pos t i n c onnection w ith th e a ffairs o f th e S tate o f Meghalaya;

(k) “Official Gazette” means the Gazette of Meghalaya; (l) “Prescribed” means p rescribed b y rules m ade u nder

this Act; (m) “Public servant” denote a person falling under any of

the f ollowing de scription a nd i ncludes, subject t o t he provisions of the sub-section (4) of Section 8, a person who a t a ny t ime i n t he pos t f all unde r a ny of t he following description, namely:- i) Every Minister referred to in clause (i);

ii) Every member of the Legislative Assembly of the S tate of M eghalaya not be ing the C hief Minister or Minister referred to in clause (j);

iii) Every officer referred to in clause (j); iv) Chairman/Vice C hairman/and W ard

Commissioners of M unicipal B oard or T own Committee;

v) A non-official Chairman including every office bearer of t hat de scription by w hatever na me called o r t he Man aging D irector o f a d istrict level o r o fficial o f a c entral s ociety o r o f a n apex society registered under any law relating to Co -operative S ociety f or t he t ime be ing i n force;

Explanation- In this sub-clause, “central society” means a co-operative s ociety w hich i ncludes i n i ts m embership other c o-operative so ciety, an d “apex so ciety” m eans a State level central society;

vi) Every person in the service or pay of

(ai) Any l ocal a uthority i n t he S tate of M eghalaya which is notified by the State Government in this behalf in the Official Gazette. (aii) Any c orporation no t being a l ocal authority established by or under Meghalaya or Central Act and ow ned or c ontrolled by t he S tate Government. Which is n otified b y th e S tate Government in this behalf in the official Gazette. (aiii) Any Government company within the meaning of Section 617 of the Companies Act, 1956 (Central Act 1 of 19 56) i n w hich not l ess th an fi fty-one percent of the paid up share capital is held by the State G overnment of a ny c ompany w hich i s a subsidiary or a c ompany i n w hich not l ess t han fifty one pe rcent of t he pa id-up sh are cap ital i s held by t he S tate G overnment a nd w hich is notified by the State Government in this behalf in the Official Gazette. (aiv) Any s ociety r egistered unde r t he S ocieties

Registration Act, 1960 which is owned or controlled by the State Government and which is notified by that Government in this behalf in the Official Gazette.

(n) “Scheduled” means t he s cheduled appended t o t his Act. (o) “Secretary” means Chief S ecretary, A dditional C hief Secretary Principal S ecretary C ommissioner an d Secretary to t he G overnment o f Meg halaya an d includes a s pecial S ecretary, a nd a n A dditional Secretary, a Jo int S ecretary, a D eputy S ecretary a n Under Secretary and a lso an Officer on S pecial Duty to the State Government; and (p) “State G overnment” m eans t he Government of t he State of Meghalaya. Appointment of 3 (1) For t he p urpose of conducting i nvestigation, i n Lokyukata and Up- accordance w ith t he pr ovisions of t his A ct, t he Lokyukata. Governor s hall, by w arrant unde r his ha nd a nd s eal,

appoint a p erson t o be know n a s t he L okyukata a nd one or more persons to be known as the Up-Lokyukata or Up-Lokyukatas.

Provided that- (a) The Lokyukatas shall be a ppointed a fter c onsultation

with the Chief Justice of the Guahati High Court, the Speaker a nd t he L eader of t he Opposition in t he Meghalaya Legislative Assembly, a nd i f t here be no such L eader a pe rson e lected i n t his be half by t he members of t he oppos ition i n that H ouse i n s uch manner as the Speaker may direct.

(b) The Up -Lokyukata or t he U p-Lokyukatas s hall be appointed after consultation with the Lokyukatas.

Provided f urther t hat w here t he S peaker of t he Legislative Assembly is sat isfied that circumstances exist on account of which it is not practicable to consult Leader of t he O pposition i n accordance with c lause ( a) of t he proceeding proviso, h e m ay i ntimate the G overnor the name of a ny ot her m ember of t he O pposition i n t he Legislative Assembly who may be constituted under t hat clause instead of the Leader of the Opposition. (2) The Lokyukata shall be a person who is or has been a

Judge of the Supreme Court or a High Court, or a civil servant of the rank of Secretary to the Government of India or Chief Secretary of a State.

(3) The Up -Lokyukata s hall be a pe rson w ho i s or has been a D istrict an d S essions Ju dge o r a ci vil s ervant who has work as Secretary of the State Government.

(4) Every pe rson a ppointed a s t he L okyukata or a n U p- Lokyukata shall before entering upon his office, make

and subscribe be fore the G overnor or s ome pe rson appointed in that behalf by hi m, an oath or affirmation in the form set out for the purpose in the First Schedule. (5) The Up -Lokyukata shall b e s ubject t o t he administrative c ontrol of t he L okyukata a nd, i n particular, f or t he pur pose of c onvenient di sposal, of investigations under this Act, the Lokyukata may issue such ge neral or s pecial direction a s be may c onsider necessary to the Up-Lokyukata. Provided t hat not hing i n t his s ub-section sh all b e construed t o a uthorize t he L okyukata to que stion a ny finding, c onclusion o r r ecommendation of an U p- Lokyukata. Lokyukata and Up- 4 Lokyukata or an Up-Lokyukatas, as t he cas e m ay b e, Lokyukata to hold no shall be a person who is not or never has been a member other office. of parliament or a member of Legialature of any State and shall no t hol d a ny of fice of t rust or pr ofit ot her t han hi s office as t he L okyukatas, o r as t he case m ay b e, an U p- Lokyukata or be c onducted w ith any pol itical pa rty o r carry on a ny bus iness or pr actice, a ny pr ofession a nd accordingly be fore he enters upon hi s of fice, a pe rson appointed as the Lokyukata or as the case may be, an Up- Lokyukata, shall:- (a) If he is a sitting Judge or holds any other office of trust or profit, resign from such office; or (b) If he i s c onnected w ith a ny pol itical pa rty, s ever his connection with it; or (c) If he i s c arrying on a ny bus iness s ever his connecetion ( short o f di verting hi mself of ownership) with the conduct management of such business; or (d) If he is practicing any profession, suspend practice of such profession. Terms of office and 5 (1) Every pe rson a ppointed as t he Lokyukata o r U p- other conditions of Lokyukata s hall ho ld of fice f or a t erms o f f ive years service of Lokyukata and from t he da te on w hich he e nter upon hi s of fice or Up-Lokyukata until he attain the age of 67 ye ars whichever is earlier

provided that:- (a) The L okyukata o r a n U p-Lokyukata m ay, by

writing by unde r hi s hand a ddressed to t he Government, resigns his office;

(b) The L okyukata or a n U p-Lokyukata m ay be removed from o ffice i n t he manner sp ecified i n Section 6;

(2) If t he of fice of t he L okyukata o r a n U p-Lokyukata becomes vacant, o r i f t he L okyukata o r an U p- Lokyukata is by reason of a bsence or f or a ny ot her reason w hichever, una ble t o pe rform t he dut ies of hi s office s hall unt il s ome ot her pe rson a ppointed unde r Section 3 enters upon such office or, as the case may be until the L okyukata or s uch U p-Lokyukata or s uch resumes his duties, be performed- (a) Where the office of the Lokyukata becomes vacant

or w here he i s una ble to pe rform t he dut ies of hi s office, by t he U p-Lokyukata or i f t here a re t wo or more U p-Lokyukata b y s uch one of t he U p- Lokyukata as the Governor may by order direct

(b) Where the office of the Lokyukata or Up-Lokyukata becomes vacant or where he is unable to perform the duties of his office by t he Up-Lokyukata himself or if t he L okyukata s o directs by the ot her Up- Lokyukata, or a s t he c ase may be , s uch one of t he other U p-Lokyukata a s may be s pecified i n t he direction.

(3) On c easing t o hol d of fice t he L okyukata or an U p- Lokyukata shall be ineligible employment (where as the Lokyukata or an Up-Lokyukata) or in any other capacity under t he Government of M eghalaya or f or a ny employment under, or office in any such local authority, cooperation, G overnment c ompany or s ociety a s i s referred to in sub-clause (vi) of clause (m) of Section 2.

(4) The Lokyukata shall be entitled to such pay, allowances pension, privilege and other condition of service as may be admissible to the Judge of the Supreme Court or of the High Court as the case may be, from time to time.

(5) The Up -Lokyukata s hall be e ntitled to s uch pa y, allowances pe nsion, privileged a nd other c onditions of services as m ay admissible t o the D istrict an d Session Judge from time to time.

(6) The pa y a nd a llowance a nd pe nsion, or p rivileges a nd other conditions of service of the Lokyukata or the Up- Lokyukata shall not be varied to his disadvantage during the tenure of his office.

(7) If t he L okyukata or U p-Lokyukata a t t he t ime of hi s appointment i s i n r eceipt of a pe nsion ( other than a disability pe nsion) i n respect of a ny pr evious s ervice rendered un der t he G overnment of I ndia o r a ny of i ts predecessor G overnment or unde r G overnment of a ny State or any of its predecessor Government, his salary in respect o f h is ser vice as L okyukata o r a s t he U p- Lokyukata as the case may be, shall be reduced.

(a) By the amount of that person; and (b) If he has before such appointment received in lieu of a position of the pension due to h im in r espect of such previous s ervice t he c ommuted va lue t hereof, by t he amount of that portion of the pension; and (c) If he has before such appointment, receive a retirement gratuity i n r espect of s uch pr evious s ervice, b y t he pension equivalent of that gratuity. Removal of Lokyukata 6 (1) Subject t o t he pr ovisions of A rticle 311 of t he and Up-Lokyukata. Constitution of India the Lokyukata or Up-Lokyukata may be r emoved f rom his of fice by t he G overnment on t he gr ound of mis-behaviour or incapacity a nd on no other ground; Provided that the inquiry required to be hold under clause ( 2) o f A rticle 311 of t he C onstitution be fore s uch removal- (a) In respect of Lokyukata, shall only be held by a peon appointed by the Governor being a person who is or has be en a Judge of t he S upreme Court or a Chief Justice of High Court; and (b) In r espect o f an U p-Lokyukata, s hall be he ld by a person a ppointed by t he G overnor be ing a pe rson who is or has been a Judge of the Supreme Court or who is or has been a Judge of a High Court. (2) The person appointed under the proviso to sub-section (1) s hall submit th e report o f h is in quiry to the Governor who shall, as soon as may be, cause it to be laid before the State Legislative. (3) Notwithstanding anything contained in sub-section (1) the G overnor s hall not r emove t he L okyukata or a n Up-Lokyukata unl ess a r esolution by t he S tate Legislature s upported by a m ajority of t he t otal membership of that House and a Majority of not l ess than t wo t hird of t he m embers of t hat H ouse p resent and voting, has been presented to the Governor in the same Session for such removal. Matters which may be 7 (1) Subject to t he pr ovisions of t his A ct a nd on a investigated by complaint involving a grievance or an allegation being Lokyukata or an Up- made i n t hat be half, t he L okyukata m ay i nvestigate Lokyukata any a ction which i s t aken by, or w ith t he ge neral to

specific approval of- (i) A Minister or a Secretary; and (ii) Any public servant referred to in Clause (m) of

Section (2); or

(iii) Any other public servant being a public servant of a cl ass o r su b-class o f p ublic ser vants notified b y t he State G overnment i n consultation with the Lokyukata, in this behalf. (2) Subject to t he pr ovisions of t his A ct a nd on a complaint involving a grievance or an allegation being made in that behalf an Up-Lokyukata may investigate any a ction which t aken by, or w ith the ge neral or specific a pproval of t he publ ic servant no t b eing a Minister, Secretary or o ther public referred to in sub- section (1) . (3) Notwithstanding anything contained in sub-section (2), the L okyukata m ay, f or r easons t o be r ecorded i n writing in vestigate a ny a ction w hich m ay be investigated by a n U p-Lokyukata unde r t hat s ub- section. (4) Where t wo or m ore Up-Lokyukata are a ppointed under t his Act, t he L okyukata m ay, be ge neral o r special o rder, assi gn to each o f t hem matters which may be investigated by them under this Act; Provided that no i nvestigation made by a n U p- Lokyukata under this Act and no action taken or thing done by hi m in r espect of such investigation shall be open t o q uestion on t he gr ound onl y t hat s uch investigation related to a matter which is not assigned to him by such order. Matter n ot su bject t o 8 (1) Save as hereinafter provided, the Lokyukata or an Up- investigation Lokyukata s hall no t c onduct a ny investigation under

this Act. (a) Except on a c omplaint m ade under a nd i n

accordance with Section 9; or (b) In the case of a complaint involving a grievance in

respect of any action- (i) If su ch a ction relates t o an y m atter

specified in the second schedule; or (ii) If the complaint has or had any remedy by

way of pr oceeding b efore a ny remedy by way of pr oceeding b efore a ny T ribunal o r Court of Law.

Provided that nothing in clause (b) (ii) shall prevent the L okyukata or an U p-Lokyukata f rom c onducting on investigation if he is satisfied that such person could not or cannot, f or sufficient c lause, ha ve r ecourse t o a r emedy referred to in that sub-clause.

(2) The L okyukata or a n U p-Lokyukata s hall not investigate to any action- (a) In respect of which a formal and public inquiry has been ordered under the public Servants (Inquiries) Act, 1850 ( Central A ct 37 of 1850) , by t he Government of India or by t he State Government; or (b) In respect of a matter which has been referred for inquiry under t he C ommissions of I nquiry Act, 1952 (Central Act 60 of 1952), by the Government of India or by the State Government. (3) The L okyukata a nd an U p-Lokyukata s hall not investigate to an y co mplaint w hich is ex cluded from his jurisdiction by virtue of a notification issue Section 19. (4) The L okyukata a nd an U p-Lokyukata s hall not investigate- (a) Any c omplain i nvolving a gr ievance i f t he complaint i s made a fter t he e xpiry of t welve months f rom t he da te on w hich t he a ction complained a gainst becomes k nown t o t he complaint; (b) Any c omplaint involving a n a llegation, if t he complaint i s m ade af ter t he expiry o f f ive y ears from t he d ate on w hich t he a ction c omplained against is alleged to have taken place; Provided t hat t he L okyukata or a n U p-Lokyukata may entertain a co mplaint referred to in sub-clause (a), if the complainant sat isfied h im he had su fficient cause for not m aking t he c omplaint w ithin t he pe riod s pecified in that clause. (5) In t he c ase of a ny c omplaint i nvolving a gr ievance, nothing in this Act shall be construed as em powering the L okyukata or a n U p-Lokyukata t o question a ny administrative a ction i nvolving t he e xercise of a direction except where he is satisfied that the element involved in the exercise of the discretion are absent to such an extent that the direction cannot be regarded as having properly exercised. (6) The L okyukata s hall not i nvestigate a ny c omplaint involving a grievance against a public servant referred to in clause (m) of section 2. Provision relating to 9 (1) Subject to the provisions of this Act, a complaint may complaint. be unde r t his A ct t o t he L okyukata or a n U p-

Lokyukata-

(a) In t he case o f a g rievance, b y t he p erson ag grieved other than a public servant. (b) In t he c ase of a n a llegation by any pe rson o ther t han public servant: Provided that, where the person aggrieved is dead or is for any reason unable to act for himself, the complaint may be made by a ny person who in law represent to his estate or , as the case may be , by a ny pe rson who i s authorised by him in his behalf. (2) Every complaint shall be accompanied by the complaint’s own a ffidavit i n support t hereof and a lso a ffidavits of a ll persons f rom w hom h e cl aims t o h ave r eceived information o f f acts re lating to th e a ccusation, v erified before a Mag istrate of F irst C lass to gether w ith a ll documents i n hi s pos session or pow er pe rtaining t o t he accusation. (3) Every complaint and affidavit under this section as well as annexures attached thereto shall be verified in the manner laid dow n i n t he C ode of C ivil P rocedure 19 08 f or t he verification of pleadings and affidavits respectively. (4) Not less than three copies of the complaint as well of each of its annexures shall be submitted by the complainant. (5) A c omplaint w hich do es not comply w ith any of t he foregoing provisions shall not be entertained. (6) Notwithstanding a nything c ontained i n s ub-section (1 ) to (5), o r in a ny o ther e nactment, a ny le tter w ritten to th e Lokyukata or Up-Lokyukata by a person in police custody, or i n a goa l or i n a ny asylum or ot her p lace f or insane persons, shall b e f orwarded to t he ad dresses u n-opened and w ithout de lay by t he pol ice of ficer or o ther pe rsons incharge of s uch goa l, a sylum or ot her pl ace, a nd t he Loyukata or U p-Lokyukata, as t he case m ay b e, may entertain it and t reat it as a co mplaint b ut n o a ction in respect o f su ch co mplaint sh all b e t aken u nless i t i s accompanied or s ubsequently supported by a n a ffidavit under sub-section (2) Procedure in respect of 10 (1) Where the Lokyukata or an Up-Lokyukata possesses (after investigiations making such preliminary inquiry if any, as he deems fit) to

conduct any investigation under this Act he- (a) Shall f orward a c opy o f t he c omplaint t o the public

servant concerned a nd t he c ompetent a uthority concerned;

(b) Shall a fford t o t he public s ervant c oncerned a n opportunity to of fer hi s comments on s uch c omplaint and

(c) May m ake such o rder as t o t he sa fe cu stody o f documents relevant to t he i nvestigation as he deems fit.

(2) Every such investigation shall be conducted in private, and i n pa rticular, the i dentity of t he c omplainant a nd of the public servant affected by the investigation shall not be di sclosed t o t he publ ic o r t he pr ess w hether before during or after investigation.

Provided that the Lokyukata or an Up-Lokyukata may conduct a ny in vestigation re lating to a matter o f d efinite public importance i n public, if he , f or r easons t o be recorded in writing, thinks fit to do so. (3) Save a s a foresaid, t he procedure f or c onducting a ny

such investigation shall be such as the Loyukata or as the ca se may b e t he U p-Lokyukata c onsiders appropriate in the circumstances of the case.

(4) The L okyukata or a n Up-Lokyuykata m ay, i n hi s discretion, refuse to investigate or cease to investigate any complaint involving a grievance or, an allegation, if in his opinion- (a) The c omplaint i s f rivolous or ve xatious, or is not

made in good faith or, (b) There a re n o s ufficient gr ounds f or, i nvestigating

or, a s t he c ase m ay be , f or c ontinuing t he investigation; or

(c) Other remedies are available to the complaint and the ci rcumstances o f t he case i t w ould b e more proper f or t he c omplainant t o avail of s uch remedies.

(5) In any case where the Lokyukata or an Up-Lokyukata decides not to entertain a complaint or to discontinue any in vestigation in respect o f a c omplaint h e sh all record his r easons t herefore and co mmunicate the same t o t he c omplaint a nd t he publ ic s ervant concerned.

(6) The c onduct of a n investigation u nder t his A ct in respect of any action shall not affect such action or any power or d uty of a ny public s ervant t o take f urther action w ith re spect to a ny matter s ubject t o th e investigation.

(7) The provisions of this Act shall be in addition to and not in derogation of the provisions of the Prevention of Corruption Act, 1988 or a ny ot her l aw f or the tim e being in force.

(8) If t he L okyukata de clines t o i nquire i nto a ny matter against any person who may be his close relation and in case there i s n o U p-Lokyukata i n t he L okyukata Organisation in that event the Lokyukata shall submit a report to the Government with a request to refer the matter in dispute to the Chief Justice of the High Court of t he S tate for hi s op inion and to decide the d isoute conformity with such opinion. Produce of evidence 11 (1) Subject to the pr ovisions of t his S ection, f or t he document and purpose o f a ny i nvestigation ( including the information preliminary inquiry, if any, before such investigation)

under this Act the Lokyukata or an Up-Lokyukata may require any public servant or any other person who in his opi nion is a ble t o f urnish i nformation or pr oduce document relevant to the investigation to furnish such information to produce any such documents.

(2) For t he pur pose of a ny s uch i nvestigation, ( including the pr eliminary e nquiry) t he L okyyukata or a n U p- Lokyukata s hal ha ve a ll t he pow ers of a C ivil Court while trying a suit under the Code of Civil procedure, 1908, in respect to the following matters namely- (a) Summoning a nd e nforeing t he a ttendance of a ny

person and examining him on oath; (b) Requiring di scovery and pr oduction of a ny

document. (c) Receiving evidence on affidavit (d) Requisition on a ny pub lic record or c opy thereof

from any court or office. (e) Issuing commissions f or t he examination of

witnesses, or documents. (f) Such other matters as may be prescribed.

(3) Any pr oceeding be fore t he L okyukata or a n U p- Lokyukata shall be deemed to be a Judicial Proceeding within the meaning of Section 193 of the Indian Penal Code, 1860

(4) Subject to t he p rovisions of s ub-section ( 5), no obligation to maintain secrecy of other restriction upon the disclosure of information obtained by or furnished to t he S tate G overnment or a ny publ ic s ervant, whether imposed by a ny enactment or by a ny rule of law shall apply to the disclosure of information for the purpose of any i nvestigation und er t his A ct a nd t he State G overnment or a ny publ ic s ervant s hall not be entitled in r elation t o any s uch i nvestigation to a ny such pr ivilege i n r espect of t he pr oduction of documents or the giving of evidence as is allowed by any enactment or by rule of law in legal proceedings

(5) No person shall be required or authorised by vi rtue of this Act to furnish any information or answer any such question or produce so much of any document- (a) As may p rejudice the s ecurity o f t he st ate o r the defence or i nternational r elations of I ndia (including India’s relation with the Government of any ot her c ountry or w ith a ny i nternational organisation) o r th e in vestigation o f d etection of crime; or (b) As may involve the disclosure of the proceeding of the C abinet of t he S tate G overnment or a ny committee of that Cabinet. And for the purpose of this sub-section a certificate issued b y t he C hief S ecretary cer tifying t hat an y information, a nswer or por tion of a doc ument i s of t he nature sp ecified i n cl ause ( a) o r cl ause (b), sh all b e binding and conclusive. (6) Subject to the provisions of sub-section (4), no persons shall be c omplied f or t he pur pose of i nvestigation under t his Act t o gi ve a ny e vidence or pr oduce a ny documents which he could both be compelled to give or produce in proceedings before a Court. Reports of Lokyukata 12 (1) If, after investigation of any action in respect of which and Up-Lokyukata a complaint involving a grievance has been made, the

Lokyukata or a n U p-Lokyukata i s satisfied t hat such action ha s r esulted i n i njustice o r undue ha rdship t o the complaint or any other person, the Lokyukata or an Up-Lokyukata shall b y a re port in w riting recommended t o t he c ompetent a uthority c oncerned that such injustice or under hardship shall be remedied or r edressed i n su ch manner an d w ithin such t ime as may be specified in the report

(2) The c ompetent a uthority t o w hom is s eat unde r s ub- section (1), shall within one month of the expiry of the time s pecified i n the r eport, intimate or c ause to be intimated to the Lokyukata, or as the case may be, the Up-Lokyukata, t he a ction t aken f or c ompliance w ith the report.

(3) If , after investigation of any action respect of which a complaint i nvolving a n a llegation has be en m ade t he Lokyukata or a n U p-Lokyukata i s satisfied t hat such allegation can be substantiated either wholly or partly, be shall by report in writing communicate his finding and r ecommendation a long with t he r elevant documents, material and either evidence to competent authority.

(4) The c ompetent a uthority s hall in timate w ithin th ree months of t he da te of r eceipt of t he r eport the Lokyukata or, a s t he case may be the Up-Lokyukata, the action taken on the basis of the report. (5) If the Lokyukata or an Up-Lokyukata is satisfied with the ac tion t aken on h is r ecommendation o r f indings referred to in sub-section (1) and (3), he shall close the case under information to the complainant, the public servant a nd t he c ompetent a uthority c oncerned, but where he is not so satisfied and if he consider that the case so d eserves h e m ay m ake a s pecial r eport u pon the c ase t o t he G overnment a nd a lso i nform t he complainant concerned. (6) The L okyukata a nd t he U p_lokyukata s hall pr esent annually a consolidated report on the performances of their functions under this Act to the Governor. (7) On receipt of a sp ecial report under sub-section (5) or the annual report under sub-section (6), the Governor shall cause a copy thereof together with an explanatory memorandum t o b e l aid b efore t he Meg halaya S tate Legislative. (8) Subject to the provision of sub-section (2) of Section 10, t he L okyukata may, a t hi s di rection make available, f rom t ime t o t ime, t he s ubstance o f cases closed or otherwise disposed of by him or by an Up- Lokyukata which m ay appear to h im t o be ge neral, public, a cademic o r p rofessional interest, in su ch manner a nd t o s uch pe rson a s he may de em appropriate. Action in the case of 13 (1) Notwithstanding a nything c ontained i n any ot her false complaint provision of t his A ct e very pe rson w ho w ilfully or

malicious makes an y f alse co mplaint u nder t his A ct shall, on c onviction, be puni shed with i mprisonment for a t erm which may extend to three years and shall also be liable to fine.

(2) No Court, except a Court of Session, in the case of a complaint investigated by the Lokyukata or a Court of Magistrate F irst Class i n t he case o f a co mplaint investigated by a n U p-Lokyukata s hall t ake cognizance of the offence under sub-section (1).

(3) No su ch C ourt shall t ake co gnizance o f su ch o ffence as aforesaid except on a complaint in writing made by the public prosecutor at the direction of the Lokyukata or Up-Lokyukata, as the case may be and the Court of Session may be take cognizance of the offence on such a complaint without the case being committed to it.

(4) Such C ourt, on c onviction of a pe rson making f alse complaint may award, out of the amount of fine to the complaint such amount of compensation as it think fit.

(5) If a t a ny s tage of a pr oceeding under t his Act before the L okyukata or a n U p-Lokyukata i f a ppear to hi m that any pe rson a ppearing i n s uch proceeding or a ny person w ho f ind a n a ffidavit s upport of a c omplaint made unde r t his A ct ha d know ingly or w ilfully gi ve false ev idence o r h ad f abricated f alse ev idence w ith the intention that such evidence should be used in such proceeding, the Lokyukata or an Up-Lokyukata as the case may be, may i f sa tisfied that i t i s necessary and expedient i n th e in terest o f ju stice, that t he pe rson should be tried summarily forgiving or fabricating, as the ca se m ay b e f alse e vidence, takes co gnizance o f the of fence a nd m ay, a fter gi ving t he of fender a reasonable opportunity of s howing c ause w hy be should no t be puni shed f or s uch offence, t ry s uch offender su mmarily so f ar as m ay b e i n a ccordance with th e p rocedure p rescribed f or s ummary tria ls under t he Code of C riminals pr ocedure, 197 3 a nd sentence hi m t o i mprisonment f or a t erm w hich may extent to six months or with fine which may extend to five thousand rupees, or with both.

(6) When any such offence as i s describe in section 175, 178, 179 or s ection 18 0 of t he I ndian P enal C ode i s committed in the view or presence of the Loyukata or Up-Lokyukata, he m ay c ause t he of fender t o be detained in custody and may, at any time on the samed day take cognizance of the offence and after giving the offender a r easonable oppor tunity of s howing c ause why he s hould not be puni sh u nder t he s ection, sentence t he o ffender t o si mple i mprisonment f or a term w hich may e xtend t o one m onth or w ith f ine which extend to one thousand rupees, or with both.

(7) In ev ery case t ried u nder su b-section ( 6), t he Lokyukata or Up-Lokyukata, as the case may be shall record th e facts c onstituting th e offence w ith th e statement (if any) made by the offender as well as the finding and the sentence.

(8) Any pe rson, c onvicted on a t rial he ld unde r s ub- section ( 5) or ( 6) m ay appear t o t he H igh C ourt a nd the pr ovisions of t he C hapter X XIX of t he C ode of Criminal P rocedure, 19 73, s hall, s o f ar as t hey ar e applicable apply to appeals under this sub-section, and the Appealate Court may alter or reverse the finding or reduce or reverse the sentence appealed against.

(9) The provisions of sub-section (5), (6), (7) and (8) shall have effect notwithstanding anything contained in the Code of C riminal P rocedure, 1973 , but no thing i n these su b-section sh all ef fect t he p ower o f t he Lokyukata or U p-Lokyukata, as t he case m ay b e, t o proceed un der s ub-section ( 3) i n r espect of a ny offence, w here i t doe s not c hoose to proceed unde r sub-section (2), (6) and (7) Staff of Lokyukata and 14 (1) The L okyukata m ay a ppoint, or authorise a n U p- Up-Lokyukata. Lokyukata or a ny of ficer s ub-ordinate t o t he Lokyukata or an Up-Lokyukata to appoint officers and other e mployees t o assist t he L okyukata a nd the U p- Lokyukata i n t he di scharge of t heir f unctions under this Act. Provided t hat not hing i n t his sub-section sh all b e construed to prevent any person who hold a post under the Central or the State Government from being appointed on deputation with the consent of the State Government. (2) The n umber an d cat egories o f o fficers an d employed who may be a ppointed unde r s ub-section ( 1), th eir salaries, al lowances an d o ther co nditions o f s ervice and t he a dministrative pow ers of the L okyukata a nd Up-Lokyukata shall be such as may be determined by general or special order of the State Government made after consultation with the Lokyukata. (3) Without prejudice to the provisions of sub-section (1), the L okyukata o r a n Up-Lokyukata m ay, f or t he purpose of conducting investigation unde r t his A ct, utilize the service of- (i) Any officer or investigation agency of the State or Central Government with the concurrence of the State Government. (ii) Any other person or agency. Secrecy of information 15 (1) Any i nformation obt ain by t he L okyukata or a n U p-

Lokyukata or members of their staff in the course of or for the purpose of any investigation under this Act and any evidence recorded or collected in connection with such information, shall, subject to the provisions of the proviso to sub-section (2) of Section 10, be treated as confidential a nd not withstanding anything c ontained in t he Indian e vidence Act, 1872, no C ourt s hall be entitled to compel the Lokyukata or an Up-Lokyukata or any public servant to give evidence relating to such information or pr oduce t he e vidence so r ecorded o r collected.

(2) Nothing in sub-section (1) shall apply to the disclosure of any information or particulars- (a) For purposes of t he i nvestigation o r i n any r eport to be made any action or proceeding to be taken on such report; or (b) For pur pose of a ny pr oceedings f or a n of fence under the Official Secrets Act 1923, or an offence of gi ving or f abricating f alse ev idence u nder the Indian Penal Code, 1860 ( Central Act 45 of 1860) or f or pur poses of a ny t rial of a n of fence unde r section 13 or any proceeding under section 16; or (c) For such other purposes as may be prescribed. (3) An officer or other authority prescribed in this behalf may give notice in writing to the Lokyukata or an Up- Lokyukata, as t he case may b e, w ith r espect t o an y documents or i nformation s pecified i n t he not ice or any cl ass of d ocuments o r i nformation so sp ecified that in opinion of the State Government the disclosure of t he doc uments or i nformation or of doc uments or information of t he c lass w ould be contrary t o publ ic interest, a nd w here s uch not ice i s gi ving, not hing i n this act; shall be construed as authorising or requiring the Lokyukata, and the Up-Lokyukata, for the r eason to be recorded, is of the opinion that disclosure of such document o r i nformation i nvolves no publ ic i nterest, to c ommunicate t o a ny pe rson a ny doc ument or information s pecified in t he no tice or a ny doc uments or information of a class so specified. Intentional insults or 16 (1) Whoever intentionally offers any insults, or cause any interruption to, or bring interruption t o the L okyukata o r a n U p-Lokyukata into disrepute, while t he L okyukata or t he U p-Lokyukata i s Lokyukata or Up- conducting any investigation under this Act, shall, on Lokyukata. conviction, be punished with simple imprisonment for

a term which may extend to six months or with fine, or with both.

(2) Whoever, by w ords s poken or intended t o b e r ead, makes o r p ublishes an y st atements o r d oes an y o ther act, which is calculated t o br ing the Lokyukata or an Up-Lokyukata into this disrepute, shall on c onviction, be puni shed w ith s imple i mprisonment f or a t erm which may extend to six months, or with fine or with both.

The provisions of sub-section (2) to (6) of Section 199 of the Code of Criminal pr ocedure, 1973, shall apply a r elation t o an of fence under s ub-section (1 ) or s ub-section (2 ) a s th ey apply in relation to an offence referred to in sub-section (2) of t he s aid s ection 199 s ubject t o the m odification t hat n o complaint i n r espect o f su ch o ffence sh all b e m ade b y t he public prosecutor except with the provisos sanction:- (a) In t he c ase of a n o ffence a gainst t he L okyukata of t he Lokyukata. (b) In the case of an offence against an Up-Lokyukata of the Up-Lokyukata concerned. Protection of action 17 (1) No s uit, p rosecution or ot her l egal pr oceeding s hall l ie taken in good faith. against the Lokyukata or an Up-Lokyukata or against any officers, e mployee, a gency or p erson r eferred t o i n Section 14 in respect of anything which i s in good faith done or intended to be done under this Act, or any rule or order made there under. (2) No pr oceedings of t he L okyukata or t he U p-Lokyukata shall be ho ld ba d f or want of f orm a nd e xcept on the ground or j urisdiction no pr oceedings or de cision of t he Lokyukata or t he U p-Lokyukata shall b e l iable t o b e challenged, reviewed, q uashed or c alled i n que stion in any court. Conferment of 18 (1) The State Government may, by not ification published in additional functions of the O fficial G azette a nd a fter c onsultation with th e Lokyukata & Up- Lokyukata, confer on the Lokyukata or an Up-Lokyukata Lokyukata etc. as the case may be such additional function in relation to

the e radication of c orruption a s m ay be s pecified i n t he notification.

(2) The State Government may, by order in writing and after consultation with the Lokyukata, confer on the Lokyukata or a n U p-Lokyukata such pow ers of t he s upervisory nature o ver ag encies, au thorities o r o fficers set -up, constituted or appointed by the State Government for the eradication of corruption.

(3) The S tate Government m ay, by order in w riting a nd subject t o s uch c onditions a nd limitations a s m ay be prescribed in t he or der, r equire t he L okyukata to investigate any action being an action in respect of which a c omplaint m ay be m ade un der t his A ct, t o the Lokyukata or a n U p-Lokyukata a nd notwithstanding anything c ontained i n t his A ct the L okyukata shall comply with such order;

Provided t hat t he L okyukata may e ntrust i nvestigation o f any s uch a ction (being a ction i n r espect of w hich a complaint may be made under this Act to an Up-Lokyukata) or an Up-Lokyukata (4) When a ny a dditional f unctions a re c onferred on t he Lokyukata or an Up-Lokyukata under sub-section (1) or when the Lokyukata or an Up-Lokyukata is investigate any action under sub-section (3), the Lokyukata or Up- Lokyukata shall exercise the same powers and discharge the s ame f unctions as he w ould in t he c ase of a ny investigation m ade on a c omplain involving a n allegation a nd t he pr ovisions of t his A ct s hall a pply accordingly. Power to exclude 19 (1) The S tate G overnment may i n c onsultation with t he complaint against certain Lokyukata and on be ing satisfied that it is necessary or classes of public expelient i n t he publ ic i nterest t o do, e xclude, by servants. notification in the official Gazette, complaints involving a gr ievance or a n a llegation a gainst pe rsons be longing to a ny class of publ ic s ervant s pecified i n t he notification, f rom t he j urisdiction of t he L okyukata or , as the case may be, Up-Lokyukata; Provided t hat no such not ification s hall b e i ssued in respect of publ ic s ervants hol ding pos ts carrying a minimum s alary ( excluding a llowance of t hree t housand rupees or less) (2) Every notification issued under sub-section (1) shall be laid, as soon as may be after it is issued, before the State Legislative while i t is in s ession f or a total p eriod o f thirty days which may be comprised in one session or in more t han one s uccessive s essions, a nd i f, be fore t he expiry of t he s aid pe riod t he H ouse a grees in making any modification in the notification or the House agrees that the notification should be annulled and notifies such decision i n t he O fficial G azette, t he n otification sh all from the date of publication of such decision have effect only i n s uch modified form or be of no effect, as t he case may be, so however that any such modification or annulment shall be without prejudice t o the validity of anything previously done by virtue of that notification. Delegation of powers 20 The L okyukata or a n U p-Lokyukata may, by a general or and duties special order in writing, direct that any power conferred or

duties i mposed on hi m by or und er t his A ct (except t he powers t o make r eports t o t he G overnment unde r S ection 12) m ay a lso be e xercised or di scharged by s uch of t he officers, employees or agencies referred to in Section 14 as may be specified in the order.

Power to make rules 21 (1) The S tate G overnment may, by notification i n t he Official gazette, make rules for the purpose of carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for- (a) The a uthorities f or pur poses r equired to be prescribed unde r sub-clause (ii) o f cl ause (b) o f section 2; (b) The a llowances a nd pe nsion pa yable t o a nd ot her conditions of s ervice of t he L okyukata a nd U p- Lokyukata; (c) The from, in which complaints may be made and the fees, if any, which may be changed and the security, for t he c ost of t he pe rson a gainst w hom a n allegation i s m ade w hich m ay be r equired t o be furnished in respect threreof; (d) The powers of a Civil Court which may be exercised by the Lokyukata or an Up-Lokyukata. (e) Any o ther matter w hich is to b e prescribed or in respect of w hich t his Act m akes no pr ovision o r makes insufficient provision and provision is in the opinion of t he S tate G overnment ne cessary f or t he proper implementation of this Act. (3) Every rule made under this Act shall be laid as soon as may be, after it is made, before the State Legislature. 22 For the removal of doubts it is hereby declared that nothing in this Act shall be construed to authorize the Lokyukata or an Up-Lokyukata to investigate any allegation against- (a) The Chief Justice or any Judge of the High Court. (b) Any officer or servant of High Court; 23 If a ny di fficulty a rise i n gi ving effect t o t he pr ovisions of

this Act, the State Government may make such order, not in consistent with the provision of the Act, as may appear to it to be necessary for purpose of removing the difficulty; Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act.

S. DYKES

Deputy Secretary to the Govt. Of Meghalaya,

Law (B) Department.