EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 196(A) Imphal, Frid ay, October 3, 2014 (Asvina
11, 1936)
, GOVERNMENT OF MANIPU
R
SECRETARIAT : LAW & LEGISLATIVE AF
FAIRS DEPARTMENT
NOTIFICATION
lmphal, the 3rd October, 2014 ' No.Z/30/2017—Leg/MPZ')1557278 favowi ng Act of thevLeg'islature, Manipurwhic h
received'assent of the President 'of ind ia on 23-9—2014 is hereby published in the
Official Gazette; ;
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THE MAN'IPUR LQKAYUKTA ACT, 201
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(MANIPUR ACT NO. 11 OF 2014)
'AN
_
ACT
v to prowdefor the establishment of'a bodyof'Lokayukta for
the; "State 20f 'M'anipur. to
inquire into allegations of
,
coi'rufii'ion';it'a'g'ainst'r'bertain public functionaries and for
matters connected therewith or incidental'thereto. \ V BE it enactedey the Lagislative VAs'sembly of
. Mén'i-'puf in the Sixty-rfifth Year of the Republic of India as foilowsz—
' PART I
PRELIMINARY
. '. Short title,-
1. (1) Thus Act may be sailed the Manipur Lokayukta Act, extent and
201 4" _
commencement.
, (2) It extends to the whole of th e State of Man-ipur.
(3) It shall éome into'foroe on 'such date as the
State. Government may, by not ification in the Official 'Gazette, appoint.
' '
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PART H
LOKAYUKTA FOR THE STATE OF MANXPUR
CHAPTER I
DEFINITIONS
Definition& 2. (1) In this Act, unless the context otherWise requires,—
(a) "Bench" means a Bench of the Lokayukta;
(b) "Chairperson" means the Chairperson of the Lokayukta; '
(c) "competent authority", in relation to—— (1')
(IT)
(iii)
(W)
(V)
(W)
the Chief Minister, means the Manipur Legislative Assembly;
a member of the Council of Ministers, means the Chief Minister;
3 member of the Manipur Legislative Assembly other than a Minister means the Speaker of the 'Manipur Legislative Assembly;
an officer in the Department of the State Government means the Minister in charge of the Department under which such officer is serving;
a chairperson ormembers of any body, or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of the State Legislature or wholly or partiy financed by the State Government or controlled by it, means the Minister in charge of such _ body, or Board or corporation or authority or company or society or autonomous body;
an officer of any body or Board or_ corporation or authority or company or society or autonomous body (by whatever name called) established'or constituted under an Act of the State Legislature or wholly or partly finahced by the State Government or controlted by it, means the head of such body or Board or corporation or authority or company or society or autonomous body; '
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(vii) in any other case not faiIing under sub~ Aciau'sés (I) to (vi) above means such department or authority as the State Government may, by notificatibn,
specify: I _ '
Provided that if any person referred to in sub-Glause (V) orisubi-cIause (w) ,is aI'sofa Member of. the Man'ipur» ihegi'siatiye Assembly, then the competent auth'ority-f shail be the Speaker 'of Manipur Legislative Assembly;
~(d) "complaint" means a complaint made insuch form as may be prescribed, aIIeging that a public WserVant has ~ committed an offence punishabie under the Prevention of Corruption Aet,1—98_8; ' ' ' .
(e) "investigation" means an Investlgation defined:
' under clause (h) of section 2 of the Code of CriminaIProcedure,19'/3;
(f) .y"JudicialI- Member" means aJudiciai Member _ of the Lbkaygkta; ' — ~ - ~
(g) '-"LokayuI§ta"lf means the body established , underfseetion 3;. ' '
(h) "Member" means a Member'of the Lokayukta; '(i)~ 'i'Mi'rIIS'ILeIM means, a Ministeij of the State Government of Manipurbyt does not include the ChiefMInIster
(j) y; notIf'catIon"rhea" sanotificatIonpublished in the officiai Gazette and the expression "notify"
, l)j_.:'v._.shaII be construe accordirigiy, '"
LK) preliminary nqLIIry" means an inquiry «3,3; conducted underthis Act I
"(Dr prescnbed"means underthisAct; . ,
"public servant" means a, person referred to in
"'i'ciauses (a) to (g): of. sub—sectzon(1) of section ' 14 but does not Include a public servant in respect of whomthe,JurIsdIctIon is exercisable by any court orother authority under the Army _ Act 1950, the Air Force Act 1950, the Navy Ad 1957 andthe Coast Guam Act 1978 or the procedureis apprcable to such pubiic AserVant under-those Acts;
bed "by rules made
, (I1) W'fregulations'.' means the- regulations made ' Unideri'thisACt; '
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Establishment of Lokayu'kta'.
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(0) "rules" means rules made under this Act;
(p) "SpeciaI Court" m eans the court of a S pecial
b\xege abqointed und er sub-section (1) o f
section 3 of the Prevention o f Corruption Act,
I 1988.
'(2) The words and express ions used herein and not defined in this Act b ut defined .in. the Prevent ion of
Corruptibn Act, 1988, shaII h ave the-meanings respectivel y
assigned to them in that Ac t.
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CHAPTER II
ESTABLISHMENT OF LOKAYUKTA ' 1(1) On and from the comm encement of this Act, there shaII be estabiished for the State of Manipur, for the purpose of this Act, a bo dy to be called the "Mani pur
Lokayukta".
(2) The Lokayukta shaII Co nsist of—
(a) a Chairperson, who is or has been a Chief ., A , Justice of a High Court or a Judge of a High
Court or an eminent person w ho fulfils the»
eligibility specified in clause
(b) of sub— section (3); and '
(b) two Members of whom on e she" be Judicial Member:'
(3) A'persghmshaii be eIigibI e to be "appointed,—
g(a) as a Judieiai rMer'hberr if. he is or has been a
chudgegf a High Court; '
(b), as a Member ether than a J udiciaI Member,
if he is a person of' impeccabi e integrity,
outfiending abiiity havi
ng special
knowi'edge and expertise of not Iess than
. twenty-five years in the'matte rs relating to
anti—cormption poIicy, I pubiic ad ministration,
ifmvig'iiance, finance, including in surance and
, banking, law, and m
anagement and not
, Iess than fifty years of age;
(4) The ChairpérSon or a Mem ber shaII not be -—- (1)2;3 member of ParIiam ent or a member of the Legislature of any State or U nion territory;
(ii) a person convicted of any offence involving moral turpitude;
(in) a member of any Paneha yat ory'Municipality or District Council;
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(iv) a person who has been removed or dismissed 'from service of the Union or a State, and she" not hold any office of trust or profit (other than hisoffice as the Chairperson or a Member) or be affiliated with any political party or_ carry on any business or'practice any professionand accordingly, before he enters upon his. office, a person appointed as the Chairperson or a Member, as the case may be, she", if ~—
(8) he holds any office of trust or profit, resigns from such officer. or
(b) he is carrying on any business, sever his connection with the conduct and
management of such business; or
(6) he is practicing any profession, cease to practise such profession.
4. (1) The Chairperson and Members shaII be appointed by the Governor after obtaining the recommendations of a SeIection Committee consisting of— I
(a) the Chief Minister —- Chairperson;
(b) the Speaker of the Manipur Legislative Assembly - Member;
(0) the Leader of Opposition in the Manipur Legisiative Assembly —— Member;
(d) the Chief Justice of the High Court of_ Manipur or a Judge of the High Court nominated by him —— Member,
(9) an- eminent jurist, as recommended: by the Chairperson and Members referred to in ciauses (a) to (d) above, to be nominated by the Governor—-Member;
(2) No appointment of a Chairperson or aMember ShaII be invalid merely by reason of any vacancy in the Selection Committee.
(3) The Selection Committee shall for the purposes I of selecting the Chairperson and Members of the
"Ilokayukta and far'fpreparing" a panel of persons to be considered for appointment as such,- constitute a Search Committee consisting of at Ieast seven persons of standing and having special knowiedge and expertise in the , matters relating to; anti-coi'mption policy, pubiic administration, vigiIance,' policy. making) finance inciuding insurance, andrrbanking, law, and management, or in any other matter which, in the opinion of the Selection Committee, may be UsefuI in making selection of the Appointment of
Chairperson and
Members on
I recommendations
of Selection
Committee.
Filling. of vacancies of Chairperson or Members. Term of office of
Chairpers'on and
Members.
Salary
,aIIéwan'ces and other conditions of service of Chairperson and
Members.
Chairperson and Members of the Lokayukta:
Provided that not Iess than fifty per 'cent of the"
Members of the Search Committee shaII be from amengst the' persons beionging to the Scheduled Castes, thé Scheduied Tribes, Other Backward Classes, Minorities?
'and women: ' ' '
Provided further that the Selection Committee may aIso consider any person other than the persons recgmmended by the Search Committee.
(4) The Selection Committee shall reguIate its own procedure in a transparent manner for selecting the V Chairperson and Members of the Lokayukta
(5) The term of the Search Committee referred to in sub—section (3), the fees and aIIowances payable to its . members and the manner of seiection of panel of names shail besuch as may be pnesoribed,. . -
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5. The Governor shaII take or cause to be taken aII necessary steps for the appointment of a new Chairperson ' and Members at least three months before the expiry 9f_ _ the term bf such Chairperson or Member as the case may be in accordance with the procedure Iaid down in this Act
6. The Chairperson and every Member shall on the recommendations of the SeIection Committee, appointed by the Governor by warrant under his hand and seat and hold office as such for a term offive years from the date on which he enters upOn his office or until he attains the-age of seventy year's,'whichevef is earIierE ' ' __Provi'ded that he may—_— _ . _ _
(a) by writing under his hand addressed to the Governor, resign his offce;or '—
(b) be removed from his office in the manner provideg_ _
"in this Act. 7_. The saiary, aIIowarIces and_.other conditions of service— - of- -
(l) the Chairperson shall be the same 'as those of the" "
Chief Justice of the High Court; _ _
' (i1) other Members shall be the same as those of a Judge of the High Court; _ .. . _. _
7.
Provided that if the Chairperson or a Member is, at the time of his appointment in receipt of pension (other than disabiiity pension) in respect of any previous service under the Government of India or under the Government of a State his salary in respect _ of service as the Chairpersbn or, as the case may be, be,.
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as a Member, be reduced—
(a) by the amount of that pension; and
(b) if he has, before such appointment, received, ih lieu of a portion of the pensiondue to him in Iespegt of such previous service, 7 the commuted value thereof, by the amount of that portion of the ., pension: ' ~
Provided further that the salary and allowances payable to andother conditions of service of, the Chairperson or a Member shaii not be varied _to_ his disadvahtageafter his appointment. I
. 8. (1) On ceasing te hold office, -theChaiI=person and every - Member shall be ineligible for—
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" (I) re-appéintmént as the Chairpersbn or a _ Member _of the Lokayukta;
(iI) any diplomatic assignment, appointment as ' __ . -- administrator of a Union territory and such other assignment or appointment Which is required 'by iaw to be made'b'y th'e'Goi/e'rnoi by warrant under his hand anti seat;
Restrictionon . -
employment by
_ Chairperson and _
Member's after
ceasing to hold
' office
(III) further employment toany other office of profit .. under _the _Government of india or the - Government of a State;
(iv) contesting any election' o'f Piesidént or'VIcel President or Member of either House of Parliament or Member 'of either House of a _
. State Legislature grMunICIpaiIty 9r: Panchayat . within a period of five years from the date of relinquishing the post. -: . ~1 _ . _ I , , 7 (2) NOtwithstahding anythihg contained in Sub-' a Chairperson, if his total tenure as Member and_ 'Chairpersdn d'oes net exéeed five years
" Explanatiqn. :— quthe. purposes- of this sectionr it is hereby clarified that'where the Member is appointed as the Chairperson, his teltrh of office shalI—nbt be more than'five years in aggregate as the Member and the Chaitperson 9.(1) In the event of occurrence 6f any vaCancy in the Office of the Chairperson by reason of _his death 'resighation or otherwise the Governor may, by _ notification authorize the senior-most Member to act as the Chairperson until the appointment of a new _ Chairperson to fill su'Ch vacancy '
section 61), a Member shall be eligible to be appointed as ' Member to"
act as
Chairp'ersoh '
or to
discharge his
functions'In
certain.
circumstances.
Secretary, other officers and staff of Lokayukta. Inquiry Wing.
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(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior—most Member available, as the Governor may, by notification, authorise in this behalf, shaII discharge the functions of the Chairperson untiI the date on which the Chairperson resumes his duties. '
10. (1) There shall be a Secretary to the Lokayukta in the rank'of Secretary to the State Government, who shall be ' appointed by the Chairperson from a panel of names sent by the State Government. '
(2) There shali be a Director of Inquiry and a Director of Prosecution not below the rank of the Additional Secretary to the State Government or equivalent, who shall be appointed by the Chairperson from apanel of names sent by the State Government.
(3) The appointment of Secretary and other officers and staff of the Lokayukta shail be made by the Chairperson or such Member or officer of Lokayukta as the Chairperson may direct:
Provided that the Governor may, by rule require that the appointment in respect of any post or posts as may be specified in the rule, be made after consultation with the Manipur Public Service Commission.
(4) Subject to the provisions of any Iaw made by the State Legisiature, the conditions of service of Secretary and other officers and staff of the Lokayukta shaIl be such as may be specified by regulations made by the Lokayukta for the purpose: '
Provided that the regulations made under this sub- section shall, so .far as they reiate to salaries, allowances, leave or pensions, require the approval of the Govemor. CHAPTER "I
INQUIRY WING
11. (1) Notwithstanding anything contained in any law for. the time being in force, the Lokayukta shall constitute an Inquiry Wing headed by the Director of Inquiry for the purpose of conducting preiiminary inquiry into any offence alleged to have been committed by a public servant punishabie under the Prevention of Corruption Act, 1988:
Provided that till such time the Inquiry Wing is constituted by the Lokayukta, the State Government shall make avaiiable such number of officers and other staff from such of its Departments, as may be reduired by the Lokayukta, for conducting preiiminary inquiry under this Act.
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('2) For the purposes of assisting the Lokayukta in conducting a preliminaryInquiry under this Act, the officers of the Inquiry Wing not below the rank of Under Secretary to Government of Manipur, shail have the same powers as ' I are conferred upon the Inquiry Wing of the Lokayukta under this Act
CHAPTER IV
PROSECU'IIONWING 12.. (1) The Lokayukta shalt by notification constitute a Prosecution Wing headed by the Director of Prosecution for thepurposeofpro'secution of public servants in relation to any complaint by the Lokayukta under this Act:
Provided that tillsUch time the Prosecution Wing is constituted by the Lokayukta the State Government shall make available such number of officers and other staff -from its Departments, as may be required by the Lokayukta, for conducting prosecution under this Act».
"(2) The Director of Prosecution shail, «after having - been so directed. by ,the- Lokayukta, file _a case in accordance with the investigation report, before the ' SpecialCourt and take all necessary steps in respect of the prosecution of public ServantsIn reiation to any offence puhiShabie under the Prevention of Corruption Act, 1988
(3) The;case under sub—section (2) Shaii be deemed tobe a reportIflied on completioh of investigation, referred to in section 173 of the Code of Criminai Procedure 1973
CHAPTER V
EXPENSES OF LQKAYUKTATOBE CHARGEDON
CONSOLIDATED FUND OF STATE
13. The administrative expenSes of the Lokayukta. including 3" salaries, allowances payable to or in respect of the Chairperson Members or Secretary or other officers or staff 0f the Lokayukta shall be charged upon the ConsolidatedyFund of State andany fees or. other moneys taken by thetokayukta shalt form part of thatFund. Prosecutior
Wing. .
Expenses of
Lokayukta to be
charged on
Consolidated
Fund of State.
Jurisdiction of Lokayukta to include Chief
Minister, Ministers, Members of -Manipur
Legislative ' Assembiy, officers and officials of State
Government.
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CHAPTER VI
JURISDICTION IN RESPECT OF INQUIRY
I
14. (1) Subject to the other provisions of this Act, the Lokayukta shall inquire or cause an inquiry to be conducted into any matter invoived in, or arising from, or connected with, any aiiegation of corruption made in a compiaint in respect of the following, namely:—
(a) any person who is or hasbeen a Chief Minister:
Provided that the Lokayukta she" not inquire into any aliegati'on of corruption against the Chief Minister unless a fuii bench of the Lokayukta consisting of the Chairperson and an Members considers the initiation of inquiry and at least two- thirds of its Members approve of such inquiry:
Provided further that any such inquiry shall be heid in camera and if the Lokayukta comes to _the - cohoius'ion the complaint deserves to be -—~*-—'""'diSm'issed',"'the redid" 6f'theih'quir'y—'shail' not be pubiished or made available'to anyone;
(b) any person who is or has been a Minister of the State;
(c)-any person who is or has been a Member 'of the Ma-nipur Legislative Assembly;
(d) an offi'cers'and employees of the State, from amongst the puinc servants defined in sub—clause (1') and (ii) of clause (0) of section '2 of the Prevention of CorruptionAct-, 41988_when serving or who", has served, in connection with the affairs of the State; ' '
(e) all officers and employees referred to in clause
(d) or equivalent in any body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of the State Legislature or wholly or partly financed by the State Government or controiied by it;
(1') any persbn who is or has been a director, manager, secretary or other Officer of every other society or association of persons or trust (whether ' registered under any Iaw for the time being in force or not), by'whatever name caIIed, wholly or partly financed or aided by the State Government and the annual income of which exceeds such amount as the State Government may by notification specify;
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(9) any person who is o,r has been a director manaflger secretary orother officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from the public and the annual income of which exceeds such amount as the State Government I may by notification specify or' from- any foreign 's'ource under the Foreign Contribution (Regulation) Act, 2010 in excess of ten iakh rupees in ayear er such higher amount as the Central Government may by notification specify; ' '
Explanation.—--For the purpose of clauses (f) and (9), it is herby clarified that any entity or institution, by whatever name called, corporate, society, trust association of persons, partnership, sole proprietorship, limited liability" ' partnership (whether registered under any law for the time being in force or not) shall be the entities covered in those ' clauses: -
Provided that any person referred to in this clause shaii be deemed to be a public servant under ciause (c) of section 2 of the Prevention of Corruption Act, 1988 and the provisions of that Act shall apply accordingiy:
Provided further that nothing in ciausesaée) and (f) and this ciause shaii apply to any society or association of persons or trust constituted for religious purpose '
(2) NohNithstahding anything contained in sub- .sectiion(1), the Lokayukta shall not inquire into any matter involved in, orarising from, OI: connected with any such
. aiiegation of corruptionagainst any Member of the Manipur Legislative Acsembi}mEespectof anythmg said or a vote given by him in the State Legisiatgre or any Committee thereof covered underthe prowsmns contained in ciause (2) of artici'e- 194 of the ConstItutIon , . A (3) The Lokayukta may inquireInto any act or Conduct of any per:son other than those referred to in sub- section (1), if such person is involved in the act of abetting, ' bribegiving or bribe taking orconspiracy relating to any:
' aiiegation of corruption under the Prevention of CbrrI-thion, Act, 1988 against a'person referred to in sub—section (1):
Provided that no aetion under this section shall be taken incase of aperson serving in connection with the affairs of the Union without the consent of the Central Government. 7.
(-4) NofiNithst'anding anything eentained in the Commissions. of lanJiry Act. 1952, _no matter in respect of
Matters pending before any court or committee or authority for inquiry before . Lokayukta
not to be
affected-
Constitution of benches of Lokayukta.
Distribution of business
amongst
Benches.
' Power of
Chairperson
to transfer
cases.
Decision to
be by
majority.
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Which a complaint has been made to the Lokayukta under this Act, shall be referred for inquiry under the Commissions of inquiry Act, 1952.
Explanation.——-For the removal of doubts, it is hereby deciared that a complaint under this Act shall only relate to a period during which the public servant was hoiding or serving in that capacity.
15. in case any matter or proceeding reiated to aiiegation of corruption under the Prevention of Corruption Act, 1988 has been pending before any court or committee of the State Legislature or before any other authority prior to commencement of this Act or prior to commencement of any inquiry after the commencement of this Act, such matter or proceeding shall be continued before such court, committee or authority.
16. (1) Subject to the provisions of thiS'A'ct, -—
(a) a bench may be constituted by the Chairperson as"he_m_a_y_deem_fit;
(b) every bench- shail- ordinarily consist of at least one Judicial Member: and
(c) the benches of the Lokayukta shaii ordinariiy sit at imphai and at such other places as the Lokayukta may, by regulations, specify.
(2) if at any stage of--the-hearing of any case or»- matter it appears to the bench that the case or matter is of such nature that it-ought-to be hea rd/ by a larger benchflhe case or matter may be transferred by the Chairperson or, as the case may be, referred to him fer transfer, to such benchas the Chairperson may deem fit
17 Where benches are constituted the Chairperson may, from time to time.' by notification, make provisions as to the - distribution of the business of the Lokayukta amongst the benohes and also provide for the matters which may be dealt with byeach bench.
18- On an application for transfer made by the complainant or the public servant, the Chairperson, after giving an , opportunity of being, heard to the complainant or the public servant, as the case" may. be.—.may transfer any case- pending before one bench for disposal to any other bench.
19. if the Members at a bench consisting. of an even number of Members differ in opinion on any point, they shaii state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on
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such point or points by one or more of the other Members of. the LokayUkta andssuch point or points shall be decided according to the opinion of the majority of the Members of the Lokayukta who have heard the case, including those who first heard it.
"CHAPTER VII PROCEDURE IN RESPECT OF PRELIMINARY iNQUiRY
AND INVESTIGATION
20. (1) The Lokayukta on receipt of a compiaint if it decides to proceed further, may order- 1(a) preliminary inquiry against any public servant by its inquiry \_Mng or any agency to ascertain proceeding in the matter, or '_ I
(b) inVestigation by any agency where there exists a prima facie case:
, Provided that before ordering an
investigation under biause (b), the Lokayukta shall call for an explanation of the public servant so as to deten'nine whether there exists a prime facie case ' for investigation:
Provided further that the seeking of
explanation from the public servant before an investigation Shall not interfere with the search and seizure,if any, required to be undertaken by any ' "agency uhder this Act
(2) During- the preliminary IanIry referredto in sub-seCtibn(1), the inquiry Wing or any agency shalt cond'untia preliminary inquiry andOn thebaSis of material, information and documents colleotedseekthe comments on the allegations made in the compi'a'int'froifi' the public servant and competent authority and after: obtaining the cemments of theooncemedpublic; servant and competent authority, Submit Within:sixty.daysfrom the date of receipt of the reference, a report t? the Lokayukta
(3) The Lokayukta shall consider every report received Under sub—section(2) from the inquiry Wing or any agency and after givingan opportunity of being heard to the public servant decide whether there exists a prime :
facie case and proceed with one or more atthe following actions, nameiy:
(a) inveStigation by any agency:
(b) initiation of the departmental probeedings or any other appropriate action against the concerned Provisions
relating to
complaints and
preliminary
inquiry and
whether .there exists a prima facie case for.- r'rinvesfigafiw'
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public servants by the competent authority;
(0) closure of the proceedings against the public servant and to pI'oceed against the complainant under section 47 '
(4) Every preliminary inquiry referred. to in sub, sectidn (1) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing,——- Within a further period of ninety days from the date of receipt of the complaint. . . . - A - " ' '
(5) In case the Lokayukta decides-to proceed to investigate into the complaint; it she" either' direot any" I '- investigation agency to carry out the investigation as _ expeditiously as possibleand complete the investigation"
within a period of six months from the date of its order:
" Provided that the Lokayukta may extend the said period by a further period of six_ months for thereasons to — — - — be reoorded in Writing
(6)_NotWIthstandInganything: contained .in section' 173of the Code of Criminal Procedure 1973, any agency shall in respect of cases referred to it by the Lokayukta, submit the investigation report under that section to the court having jurisdiction and forWard a copy thereof to the Lokayukta.
(7) The _Lokayukta shail consider every report received by_ it under s_ub-section (6) from the investigating agency and after obtaining the comments of the competent authority and thepublic servant may -— —
(a) grant sanction to its Prosecution Wing or investigating agency to file charge sheet or direct closure of report before the Special Court against the public servant;
, (b) ciirect the _competent authority. to initiate the- departmentai proceedings ornany other appropriate, action against the concerned'pubiic servants.
(8) The Lokayukta may, after taking a decision under sub—section (7) on the filing of the' chatge—sheet, ' direct its Prosecution \NIng or any investigating agency to initiate prosecution in the Specia'i Coart in respect of the cases investigated by the agency. '
(9) The Lokayukta may, during the preliminary inquiry or the investigation as the case may be, pass - appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation as it deems fit.
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(10) The website of the Lokayukta shall, from time to time and in such manner as may be specified by reguiations display to the public, the status of number of complaints pending before it or disposed of byit.
(11) The Lokayukta may retain the originai records and evidences which are iikeiy to be required in the process of preliminaryInquiry or investigation or conduct of - a case by it or by the Special Court.
(12) Save as othenivise provided, the manner and procedure of I conducting a preliminary inquiry or investigation (including such materiai and documents to be made available to the public servant) underithis Act,' shall be such as may be specified by regulations ,21' if at any stage of the proceeding, the Lokayukta—
(a) considers it necessary to inquire into the conduct of any person other than the accused; or
(b) is of opinion that the reputation of any person other than an accuSed is'iikeiy to be prejudiciaiiy affected by the preliminary inquiry, the. Lokayukta shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to ' produce evidence in his defence consistent with the ,1 principles of natural justice.
22. Subject to the provisions of. this Act. for the purpose of any preliminary inquiry or investigation, the Lokayukta or the investigating agency, as the case may be, may require any public servant or any other person who, in itsopinion is able to furnish information or produce d9cuments V Persons likely to
be prejudiciaily}
affected to be
heard.
Lokayukta may
. require any pubiic servant or , any other person to furnish
,, information, etc. relevant to suchpreiImInary IanIry.orInvestigationto furnIsh any suchinformation or. produce any: such» document
23. (1) Notwithstanding anythingcontained in section 197 of the Code of the Criminal ProcedIIre,1973 or section. 19 of the Prevention of the Corruption Act,1988, the- Lokayukta shall havethe power to grant sanction for
20
(2) No prosecIJtion under sub-section (1) shaii be initiated against any public servant accused of any offence") committed by him While acting. or purporting to act in the dibcharge pf his official duty, and no court shaii take cognizance of Such Offence except with the previous sanction of the Lokayukta.
a
prosecution under clause (a) of subsection (7) of section", ~Previous ,
sanction not
necessary for
investigation and
initiating
Prosecution by
Lokayukta in
pertain cases.
(3) Nothing contained in Subsections (1) and (2) shall apply in respect of the persons holding office in
Action-on investigation against
public
servant being ' Chief
Minister, Ministers or . Members of Manipur
Legislative Assembly,
Supervisory powers of
Lokayukta.
16
pursuance of the provisions of the Constitution of india and in respect of which a procedure for removal of'such person has been specified therein.
(4) The provisions contained in sub-se ctions (1 )-,
(2) and (3) shall be without prej udice to the generality 'of the provisions contained in article 31 1- and sub-ciause (c)
of clause (3) of article 320 of the Co nstitution of india.
24. Where, after the cbnciusion o f the investigation, the findings of the Lokayukta disclose th e commission of .an
offence under'the Prevention of Cor ruption Act, 1988 by a
public servant refenedwto 'in_ plause (
a) or clause..(b) er clause (a) of sub—section (1) of section 14, t he Lokayukta
may file a case in the Special Court. and shall send a copy
of the report together with its findi ngs to the competent
authority.' _ I _ -
- v - v ~ v -
/
CHAPTER VIII
.,,_ "PGWERS'OFLOKAYUKTAM -. ~ ~
1
25.' The Lokayukta. shall, notwithstan ding anything:
contained in any other law for the time bein g in force; have
the powers of" superintendence and dire ction, over the
"investigation agency in respect of th e matters in so far as
they relate to,,..the investigationby such agency under this
" Searchiandi seizure.
Act:
Provided ' that ' while exercising powers bf ' superintendence or giving direction unde r this s_ubfsectionl _
the Lokayukta Shali"hot"'exei'cifse such powers in such a
manner so? as to ' require the agenqy to which the_
'inves'tig'ati'on has- been given, to investigate and dispose of '
any case in a partieular manner: . .
. . . I. I .. I
26.11) if' the Lokayukta has reason to beiieve' that any
document which, in. its opinion, shail be us eful for, or"
reieVant to, any investigation under-this Act, a re secreted
in .. any place, it- may authoriseany agenc y to whom the"
ii'Ne'stigation has been gi
ven to search for and to
seize
Such-documents.
- ~~ I -- - - .
- .
(2) if the Lokayukta is satisfied that any docume nt ,
seized under sUb—section (1) maybe used as ev idence for
the purpose of any investigation under t his Act and that it
snaii bewnecessary to retain the document in its custody or
in the custody of such offlc'er .as may be authorised, it may
so retain or direct such authorised officer to re tain such
document til! the completion of such prelimin ary inquiry or
investigation:
.
16
17
Provided that where any document is required to be returned, the Lokayukta or the authorised officer may return the same after retaining copies Cf such document duly authenticated.
27 (1) Subject to the provisions of this section. for the,- purpose of any preliminaryinquiry, the inquiry Wihg of the» ' Lokayukta shall haves" the powers of a civii court, under the Code of Civil Procedure, 1908, while trying a suit in respect of the foiiowing matters, namelyz— .
(I) ' summoning and enforcing the attendance of any personand-examining him-on oath; _(ii) requiring the discoveryand production of any document;
(ii!) receiving evidence on (affidavits:
(iv) reauisitioning any public record or- copy thereof from any'court'or office;
(v) issuing commissions forthe examination - of witnesses or documents:
Provided that such commission; in case. of a witness, shall be issued only where the witness, in the opinion of the"
Lokayukta is not in a position to attend ' the proceeding before the Lokayukta; and
(VI) such other matters as may be prescribed
. (2)Any proceeding before the Lokayukta shall be- deemedto be:a jqoioial proceedingwithin the meaning of .
"section193oftheigdian PenalCode.
28.2 (21) The Lokayukta may, forthe purpose ofconductlng any preiiminary inquiry or investigation, utilisethe services of any officer ororganisation or investigation agency of the State Government. ~ »-
(2) For the purpose'bf preliminary inquiry or"
investigatingInto any matter pertaining to such inquiry or InvestIgatIon anyofficer or organisation or agency whose services are utilised Under sub-sectibn (1) may, subject to. the direction and controi of the L,_okayukta—
(a) summon and enforce the attendanoe of any persbn and examine him; --
(b) require the disoovery and production of any" , document; and
(o) reqdisition anyzjipubiic record or. eopy thereof. from any office.
Lokayukta to
have powers of
civil court in
certain cases.
Power of
~ Lokayukta to
utilize services
of officers of
7" State
Government.
Provisional attachment of assets.
18
(3) The officer or organisation or agency whose seryices are utilised under sub-section (2) shall inquire .or, as the case may be, investigate into any matter pertaining to the preiiminary inquiry orinvestigation and submit a report thereon to the Lokayukta within such period as may bespecified by Mr: this behalf.
29. (1) Where the Lokayukta or any officer authorised by it in this behalf, has reason to believe, the reason for such belief to be recorded in writing1 on the basis of material in his possession, that—
(a) any person is in possession ofany proceeds of"
corruptien;
(D) such per$on is aécu'sed of havingmcommitted an"
offence relating to corruption; and
(c) such proceeds of offence are likely to be concealed, transferred or dealt with in- any manner— which may result in frustrating any proceedings .relating to cenfiscatien ef- such proceeds of —'—'Offence,
theLokayukta or the authorized officer may, by order in. writing, provisionally attach suc_:h property for a_period not _ eXCeeding ninétypa'ys from the date of the order, in the manner provided in the S_econd Schedule to the income:
taxAct 1961 and the Lokayukta and the officer shall be __ deemed to be an officer under sub—ruie.(e). of ruie 1 of that Schedule.
(2) The-2Lokayukta or the officer a'uth'ori'zed in this"
behalf shall, immediately after attachment under sub— — section (1), "forward 'a c'opy"of"the brder ' aiong with thew ' material in his possession, referred to in that sub—__section,_ t6 the Special Court, in asealed envelope, in the manner , as may be prescribed__ and su_ch Cburt may extend the or_der of attachment and keep such materiai for such period as the Courtmay deem fit. _ _ _ _ __
(3) Every order of, attachment made undersub— section (1) shaii cease tarhave'effect after thefiexpiry 6f the ' ' period specified in that sub—section or after the expiry of the period as directed by the Special Céurt "under" "sub: "
section (2),
, (4) Nothing in this section shall prevent the person interested in the enjoyment of. the immevabie property- attached under sub—section (1) or sub—section(2) from such enjoyment.
Explanation.——For I the purposes of this "subsection,
"'person interested"; in relation to any immovable property,
18
19
includes all persons claiming or entitled to ciaim any interest in the property.
30. (1) The Lokayukta, when it provisionallyattaches any property under sub—section ('1) of sectib'n 29 shall, within a period of thirty days Of such attachment, direct its Prosecfbtion Wing to file an application stating the facts 'of such attachment before the Special Court andwmakea prayer'tor confirmation of attachment of the property tiii completion of the_proceedings against the public servant in the Special Court.
(2) The Special Court may'," if it is of the opinion that the property provisionaily attached had been acquired through corrupt means, mak"e ah order for é'onfinnation of attachment of such property till the completion of the proceedings against the pUblic servant in the Spectai Court
(3) Ifthe public servant is subsequently acquitted of the charges framed against him, the property, subject to the orders of the Special Court, shall be restored to the concerned public servant along with benefits from such property as might have accrued during the period of attachment
(4) If the public servant is- subsequently convicted of the charges of corruption. the proceeds reiatabie to the offence under the_Prevention. of Corruption2Actr,r1988 shall be confiscated and vest in the State Government free from anyencumbrance or ieaseheid. interestexciuding any debt due tn any bank or financial institution. 2 Explanation.:-For the purpeses of" this sLIb—section, _the . expressions _ffbank",. "debt" and "financjai institution? shall» have- the meanings respectiveiy assigned to- them in Confirmation of
attachment-of
assets.
clauses,(d) (g) and (11) of section 2: of the Recovery of I Debts due to Banks and Financial Institutidns Act 1993.
31. (1) Without pfejudice to the pi'ovisionsof sectiens 29 and 30, where the Special Court, on the basis of prime '. .facie evidence has reason to believe or is satisfied that the assets, proceeds, receipts and benefits: by whatever name called, haVe arisen or procured by means of coImption by the public servant, it may authorise the confiscation of such assets, proceeds, receipts. and benefits till his acquittal "
(2) Where an Order of confiscation made under
. sub-section (1) ismodified or annulled by the High Céurt or where the public servant is acquitted by the" Spebiai Court, "the assets, pi'oceeds, receipts and benefits,2 I Confiscation of
asSetIs,
proceeds.
receipts and
benefits arisen
or procured by
means of
"Corruption iii special
circumstances.
Power of Lokayukta to recommend transfer car suspension of public servant
connected with
allegation of corruption. Power of
Lokayukta to , give
directions to prevent
destruction of records
during
, preliminary inquiry.
Power to
delegate.
2O
confiscated under sub—section (1) shaii be returned to such public servant, and in case it is not possible for any reason to return the assets, proceeds, receipts and benefits, such public servant shall be paid the price thereof including the money so confiscated with the interest at the rate of five per cent per annum thereon calculated from the date of confiscation.
32. (1) Where the Lokayukta, while making a preliminary inquiry into allegations of corruption,_ is prima facie satisfied, on the basis of evidence available,—
(a) that the continuance of the pubiic servant referred to in clause (d) or clause (a) of sub—section
(1) of section 14 in his post while conducting the preiiminary inquiry is likely to affect such preiiminary inquiry adversely; or
(D) such pubiic servant is likely to destroy or in any way tamper with the evidence or influence witnesses,
then, the Lokayukta may recommend to the State Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order.
(2) The State Government shall ordinarily accept the recommendation of the Lokayukta made under sUb— section (1), except for the reasons to be recorded in writing in a case where it is not feasible for administrative reasons.
33.2 The Lokayukta may, in the discharge of its functions Under this Act, issue appropriate directions to a pubiic . servant entrusted with the preparation or cUstody of any document er record— ' '
(a) to protect such document or record from destruction 'or damage; or *
(b) to prevent the public servant from altering or secreting such document or record; or
(c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means.
34. The Lokayukta may, by general or speciai order in writing and subject to such conditions and iimitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its Members or officers or empioyees as may be specified in the order. '
20
21
CHAPTER iX
SPECIAL COURTS .
35. (1) The State Government shall constitute such number of Special Courts, as recommended by the Lokayukta. to hear and decide the cases arising out of the Prevention of Corruption Act, 1 988 or under this Act.
(2) The Special Courts constituted under. sub— section (1) shali ensure completion of each trial within a period of one year from the date of filing of the case in the Court:
Provided that in case the trial cannot be completed within a period of one year, the Special Court shaii record reasons therefor and complete the trial within a further period of not more than three- months or' such further petiods not exceeding three months each, for reasons to be recorded in writing before the end of each such: three month period, but not exceeding a totai period of two years
36. (1) Notwithstanding anything contained in this Act or the Code of Criminal Procedure,1973 if in the course of a preliminary inquiry or investigation into an offence or other proceeding under this Act an appiication is made to a Special Court by an officer of the Lokayukta authorised in 'this behalf that any evidence is required in connection with the preliminary? inquiry or investigation intovran offence or proceeding under this Act anti he is of thepopinion that such evidence may be available in any piece in a cqntracting State, and the SpecialCourt, on being satisfied Special Courts
to be notified by
the State
Government.
Letter of request
to a contracting
State in certain
cases.
that such evidence is required in connection with the 7' preliminary inquiry or investigation intb an offence or proceedingunder this Act, may issue a letter of request to a court or an authority in the contracting State competent _ to deal with such request to—
'(l' examine. the facts and circumstances of the case;
(it) takesuch steps as the Special Court may _. specifyIn such letter of request; and
(iii) forward all the evidence so taken, or collected, to the Special Court issuing such letter of request. '
(2) The letter of request shall be transmitted in such mannerasthe State Government may prescribe in this behalf.
Removal of Chairperson and Members of Lokayukta. .
22
(3) Every statement recorded or document or thing received under sub— section (1) shall be deemed to be
evidence collected during the course of the preiimina ry
inquiry or investigation.
CHAPTER X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS
AND OFFICIALS OF LOKAYUKTA
37. (1) The Lokayukta She" not inquire into any complaint made against the Chairperson or any Member.
(2) The Chairperson or a Member of the Lokayukta shall not be removed from his_.off.ice except by an..order of. _.
the Governor, passed after an address by the Manipur Legisiative Assembly supported by a majority of the total »- -- membership of the House and by a majority of not less - . than tho—thirds of the members of that— House present—an d
voting, has been presented to the Governor in the same- sessmn for such removal "En'Tthe'ground'-*of—>proved misconduct including corrupt practice or incapacity:
(3) The procedure for the presentation of an address and for the investigation and proof of the misconduct including corrupt practice or incapacity of the Chairperson or a Member of the Lokayukta shall be as provided in the Judges (inquiry) Act, 1968, in reiation to the removal of a' Judge and, accordingly, the provisions of that Act shall apply, mutatis 'mutandis, in relation to the removal of the Chairperson or a Member as they apply in reiatiOn to the removal of a Judge.
(4) Notwithstanding anything contained in sub— section (2), the Governor may, by order, remove fromthe
" office, the Chairperson or any Membe'r' if the Chairperso n
Complaints
against
officials of
Lokayukta.
or such Member, as the case may be,—
' (a) is adjudged an insoivent; or
(b) engages,' during his term of-ot'fice, in any paid employment outside the duties of his office; or ~ ' . ,
(c) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body.
38. (1) Every complaint of allegation or wrongdoing ma de
against any officer or employee or agency under or
associated with the Lokayukta for an offence punishabie under the Prevention of Corruption Act, 1988 shall be'deait
.
with in accordance with the provisions of this section.
22
23
(2) The Lokayukta shaii compiete the inquiry into the complaint or allegation made, within a period of thirty days from the date of its receipt.
(3) While making an inquiry into the complaint against any officer or empioyee of the Lokayukta or agency engaged or associated with the Lokayukta, if it is prima facie satisfied on the basis of evidence avaiiabie that—- '
(a) continuange of such officer or employee of the Lokayukta or agency engaged or associated in his post while conducting the inquiry is likely to affect such inquiry adverseiy; or
(b) an officer or employee Of the Lokayukta or agency engaged _or associated is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the Lokayukta may, by order, suspend such officer or employee of the Lokayukta or divest such agency engaged or associated with the Lokayukta of at! powers and responsibiiities' hereto before exercised by it .
,(4) On- the completion of the inquiry, if the Lokayuktas is satisfied that there is prima facie evidence of the commission of an offence under the Prevention of Corruption Act, 1988 or ofany wrongdoing, it shall within a period of fifteen days of the completion cf such inquiry, - an order to prosecute, such officer or employee of the Lokaytikta or such officer, employeeagencyengaged on assomated wIth the Lokayuktaand initiate disciplinary proceedings againstthe official cohcemed:
Provided that no such order shalt be passed > without giving such officer or employee of theLokayukta. such. offieer,' employee agency engaged or associated. a Treasonabie opportunity of. being heard
CHAPTER Xi
ASSESSMENT OF LOSS AND RECOVERY THEREOF
BY SPECIAL COURT
39. if any public servant is convicted of an offence under the Prevention of Corruption 'Act, 1988 by the Special Court, notwithstanding and without prejudice to any law for the time being'in force, it may make an assessment of loss, if. any, caused to the pubiic exchequer on account of' Assessment of
loss and
recovery thereof
by Special Court.
'Budget Grants by State
Government. Annual . statement of I accounts;
24
the actions. or decisions of such public servant no t taken in
good faith and for which he stands convicted, and may
order recovery of such loss, if possible or quantifiabi e.
from such public servant so convicted:
Provided that if the Special Court, for reasons to be recorded in writing, comes to the conclusion that the loss caused was pursuant to a conspiracy with the beneficiary or beneficiaries of ' actions or decisions of the public servant so convicted, then such loss may]. 'if assessed. and quantifiable under this section, also be recovered from such beneficiary or beneficiaries proportionately.
" CHAPTER Xll
FINANCE, ACCOUNTS AND AUDIT
40. The Lokayukta shall prepare, in such form and at such time in each financial year as may be prescribed' its budget for the next financial year, showing the. estimated receipts and expenditure of the-Lokayukta and forward the
"same to the State Government for information- "
,
41. The State Government may, after due appropriation made by Manipur Legislative Assembly'by law in this behalf, make to the Lokayukta grants of such sums of
money as are required to be paid for the salaries and ailowa'nces payable to the Chairperson and Members and the administrative expenses. in'ciuding the salaries and aiiowanoes and pension payable to or in respect of officers and other employees of the'Lokayukta.
42.7 (1) The Lokayukta.shaii..maintain proper accounts and other relevant records and" prepare an annuai statement Of _ aooounts in suchformas may be prescribed bythe State Government in consultation with the Accountant General _ of Manipuri ~ ' ' ' '
(2) The accounts of the Lokayukta shalt be audited by' the Acwuntant General of Manipur at such intervals as
may be specified by him. _ . .
' '
(3) The Accountant Generai of Manipur or any personrappointed by him in connection With the audit of the
accounts of the Lokayukta under this Act shall have the same rights, priviieges and authOrity in connection with such audit, as the Accountant General of M anipur
, generaliy has, in connection with the audit o f the
Government accounts and, in particular, shall have the right» to demand the production of books, accounts, cOnnected vouchers and other documents and p apers and
to inspect any of the offices of the Lokayukta.
24
25
(4) The accounts of the Lokayukta, ascertified by the Accountant General bf Manipur or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the State Government and the State Government shaii Cause the «same to be laid before the ManipurL'Lzegis'rative'Assembly.'2
43. The L_okayukta shall furnish to the State Goverhhiem, lnat such time and in such form and manner as may be _presgribeg or as theState Government may request, such returns and staatementsrand' such particulars in regard to any matter under the jurisdiction ofthe Lokayukta, -as--the State Government may, from time to time, require CHAPTER Xiil _ V
_. ijE—CLARATION OF ASSETS
"'44; ("7) Every'pfibi—ib ser—vaht shalt make a—deciaratioh of his assets and liabilities in the manner as provided_by or under this Act.
_ _ (ZLA public servant shall, withinaperiod of thirty days from the date on which he makes and Subscribes an —oath-<'>r affirmation to enter upon his office, furnish'to the competent authority the information relating to— — (aj'I—"the assets of which he; his spouse and his V _dependent c_hiidre_n_ _ are. __jQintly __ or severally, owners or beneficiaries;
Furnishing0L
returns, etc. to
State
Government.
D—eeiaration of-
assetsi
— -- - —({s)—his liabilities angf that-of— his spouse 'and his dependent children
(3)Apublic servantholdinghis officeas such at the time ofthe_ commencementof_this Act. s_hali furnis_h information relating to such aesets and iIabIlItIes, as _referr_ed to in s_ub-sectiou (2) _to the competent authority within thirtydaysof the ooming into force of this Act. - ,9 - (4)£very pubiicservantshaii1'ie withthe competent authority, on orbefore the 31$t July of every year, an annual return oi suoh assets and liabilities, as referred to in sub— section (2) as on the 31st Marchof that year. (5)Theinformation. under sub-section(2)or sub— section (3) andannualreturn Linden aubgsection—(4) shaii be furnished to the competent authonty in such form and in such mannerasmay—bepFeseribed. -— ~ '-
(6) The competent authority in respect: of each 'offibe orDepartmentshaiiensure that all such statements are published on the website of suchofficer or Department by 31m August Ofthatyear
Presumption as to
acquisition of assets by
corrupt
means in
certain cases. Prosecution _ for false compiaint and payment of compensation, etc., to public servant.
26
Explanation.——For the purposes of this section,
"dependent children" means sons and daughters who have no separate means of earning and are wholly dependent en the public servant for their livelihood.
45. if any public servant willfully or for reasons which are not justifiable, fails to— '
(a) to declare his assets; or
(b) gives misleading information in respect of such assets and is found to be in possession of assets not disciosed or in respect of which misleading information was furnished, then, such assets shall, unless otherwise proved, be presumed to beiong to the public servant and shall 'be presumed to be assets acquired by corrupt means:
Provided that the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceeding such minimum value as may be prescribed.
CHAPTER XIV
OFFENCES AND PENALTIES
46. (1) Notwithstanding anything contained in_ this Act, whoever makes any false and frivoious or vexatious complaint under this Act shall, on Iconvictioni be punished with imprisonment for a term which may extend to one year' and with fine which may extend to one lakh rupees. _(2) No 'Court; except a Special Court, shall take cognizance Of'an offence under sub—secti'én (1). '(3) No Special Cpurt shall take cognizance of an offence under sub—section (1) except on a complaint made by a person against. whom the faiSe, frivolous or vexatious complaint was made or by an ofiicer'authorised by the Lokayukta; ' '
(4) The prosecution ,in Ireiation to an, offence under sub-section (1) shall "be conducted by the pubiic presecutor "and ail expenses connected with such prosecution shall be borne by the State Government.
(5) in case of conviction of a person {being an individual or society or association of persons or trust (whether registered or not)], for having made a faise complaint under this Act, such person shall be liabie to pay compensation to the public servant against'whom he made
26
27
the false complaint in addition to the ieg ai expenses for
contesting the case by such public servant, a s the Special
.Court may determine. '
(6) Nothing contained in this section shall apply in _
case of complaints made. in good faith. Explanation.—-For the purpose of this sub— section, the
expression "good faith'fmeans any act believe d or done by
,a person in good faith with due care, caution and sense of
responsibility or by mistake of [fact believi ng himself
justified by law under section 79 of the indian P enal Code.
47. (1) Where any offence under sub—section ( '1) of Section
46 has been committed by any society or assoc iation of
persons or trust (whether registered or not), ev ery person
who, at the time the offencewas-bommitted, was directly in charge of, and was (responsible to, t
he 'so'eiety or
association of' persbns or trust, for the'c'ondud of the
business or affairs or activities of the society or a's'sooiation of persons or trust as well as such society or a ssociation of
persons oratrust 'shall be deemed to be guilty of the offen ce
and'shail be iiabi'e't'o be proceeded against an dpunished
acoordingiy:
" Provided that nothing contained in this sub-section shall render any such person liable to any pu nishment
provided inrsthis Act; if he proves that th e offence was
co'mmittedwithout his knowiedgeorthat: he had. exercised
aii due27,.diiigence Ito preyentgthe ,gommission of such
ofience;:"fr-t.'-zf.'- ;_
7 . , , ' '
(2) Notvvithstandin'g=-4-'anythingr contained, in sub sectionI:£1r)_,g.where anyoffehce under this Act has been
committed by ariseeietyigrkassociatien ofrpeigsons'ogo'tfust False complaint
made by society
or association of
persons or trust.
(Whether registered or) nctl'angfi'it "Is'i'firoye qjthat the offehce ' "
hasb'eenpommitted with the 'cogsent or cbhhivance vof, or is attributable to any né'gled 'ohfthei'b'art of,""arIy director; manager, secretary or other officer of su
ch seciety or"
assodiation' "of" persohs"'~»drfft'rust; such director,, manag er, '
- seeretar'y or other'befii'Cer-sha'ii also) be deemedz to be guilty. ;
of that offenceand Shall be iiabie to be proceeded against
and punished: ascordingiy.
. ?_éHAP'TER xv
MISCELLANEOUS
j 48. it shall be the (duty _of the Lokayu ktato, present
annually. to theGevemm a. reporton the work done by the
Lokayukta and on~recejigtof such report the Governdr shall
cause a copy thereof together with a memor andum
Reperts of
Lokaypkta.
Lokayukta t° function as appellate authority for appea's
arising 0'" Of any ctr"?r law for the time being in
force.
Protection Of action wken in good faith by any FUN"; servant-
Protection Of action "k?"
in good ""1"
by others. Membérsi
offiat-Jrs and employees Of Lokayum t° be public
servants.
Limitation t° aPP'Y m
certain cases. Bar of
' Jurisdi5fi°n' Legal
assistam'e' Act *0 "4Y9 oveflidihg'e . I
28
expiaining, in respect of the c ases, if any, where the advice of the Lokayukta was not accepted, the reason for such non-acceptance to be i aid before the Manipur Legislative Assembly.
49. The Lokayukta shalt functio n as the final appeiiate authority in respect of appeals a rising out of any other law for the time being in force provi ding: for deiivery of public services and redre'ssal of public grievances by any public authority in cases where the dec ision contains findings of corruption under the Preventio n of Corruption Act, 1988.
50. No suit, prosecution or othe r legal proceedings under this Act shall tie against any publ ic servant, in respect of anything which is done in good faith, or intended to be
done in the discharge. of his official fu nctions or in exercise
of his powers.
51. No suit, prosecution or other l egal proceedings shall lie against the Lokayukta or against any officer, employee,
agency or any person, in respect of anything which is done
in good faith or intended to be do ne under this Act or the
ruies or the reguiations made thereu nder.
52. The Chairperson, Members , officers ' and other employees of the Lekayukta shall be dee med, when acting
or purporting to act in pursuanceof any of the provisions of
this Act, to be pUbiic servants wit hin the meaning of
section 21 of the Indian Penal Code.- -
53. The Lokayukta shall not inquire or investigate into any
complaint; if the ,'co'mpi'ai'n't is made af ter the expiry of a
peribd of seven years from the date on which the offence
mentioned )in such complaint "is alleg ed to have been
committed.
'
54. No civil: court s'haii have juri sdiction in respect of any matter whichfthe'Lokayukta is em powered by or undepthis'
Act to determine.
,
55. The Lokayukta shall provide to every pérson against whom a complaint has been ma de, before it, under this Act, legal assistance to defen d his case before the
Lokayukta, if such assistance, is requested for.
56. The provisions of this Act. shall have effect notwithstanding anything incons istent therewith contained in any enactment other than this Act o r in any instrument
having effect by virtue of any e nactment other than this
Act. ' ~ '
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57 The provisions of this Act shall be in addition to, an d
not in derogation of, any other iaw for thetime being in force. ~
58. (1) The State Government may, by notification in the Official Gazette make rules to carry out the provisions of -
this Act
(2) In particular, and without prejudice to the generalityof the foregoing power, such rules may prov ide
for afl or any of the foliowing matters, namely:— '
(a) the form of complaint referred to in clause (0') of - sub-section (1) of section 2; .
(b) the term of the Search Committee, the fee and allowances payable to its members and the manner of selection of panel' of names'under sub- section (5) of section 4;
(c)tthe post or posts in respect of Which the appointment shall be made after consultation with the Manipur Public Service Commission under the proviso to sub—section' (3) 'of section 10;
(d) other matters for which the Lokayukta shalt have the powers of a civil court under clause ' (VI) of sub—section ( 1) of section 27';
(e) the manner of sending the order of attachment ' atong with the material to the Special Court Under sub-section (2) of section 29;
(f) the manner of-transmitting the letter of request under sub-section (2) of section 36;
. (g) the form and the time for preparingin each financier yearthe budget fer the next financial 1' year; Showing the estimated receipts and K L ' expenditure of the Lokayukta under section 40; ' (h) the-~7form for maintaining the accounts and otherrelevant records and the form of annuai' statement of accounts under sub—section (1) of ' section 42;
(I) (the. form and manner and 'the time for preparing the returns and statements along .,,,with particulars under section 43; ' ,.a(/) .the form and the time for preparing an annual , report giving a summary of its activities durin g
; - theprevious year under sub-section (5) o f
section 44;
' " (k)« the formof annual return to be filedby a publ ic
' ' serVant under sub—section (5) of: section 44;- Provisions of
this Act to be in
addition of other
laws.
Power to make
rules.
Power of Lokayukta to make
regulations. Laying of rules and regulations.
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(I) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the prbviso to section 45;
(m) any other matter Which is to be or may be prescribed.
59. (1) Subject to the provisions of this Act and the rules made thereunder, the Lokayukta may, by notification in the Official Gazette, make regulations to carry out the provisions of this Act. -
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the foilowing matters. namely:—
(a) the conditions of service of the secretary and other officers and staff of the Lokayukta and the matters which in so far as they relate to salaries, a|lowances, leave or pensions, require the approval of the Governor under sub—section (4) of section 10;
(b) the place of sittings of benches of the Lokayukta under clause (c) of sub—section (1) of section 16;
(c) the manner for displaying on the website of the Lokayukta the status of all compiaints pending or disposed of along with records and evidence with reference thereto under sub— section (10) of section 20;
(d) the manner and procedure of conducting preliminary inquiry or investigation under sub- section (12) of section 20; I
- (a) any other matter which is required to be, or ' may be, specified under this Act.
60. Every rule and regulation made under this Act shaii be laid, as soon as may be after it is made, before the Manipur Legislative Assembly, while it is in session, for a total period of thirty days "which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House"
agree in making any modification in the ruie or regulation or the House agrees that the rule or regulation should not be made, the rule or reguiation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however. that any such modification or
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annulment shat] be without prejudice to the validity of anything previously done under that rule or reguiation.
61. (1) if any difficulty arises in giving effect to the Powerto remove provisions of this Act, the State Government may, by diffiwmes' order, published in the Officiat Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the dit'fiwity:
Provided that no such order shall be made under
this section after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this sedion shat": be laid, as soon as may be after it is made. befsre the Manipur Legislative Assembly.
Printed at the Directorate of Pn'nting 8: 5mm}WilliW31: " {3340-2014.