(1) Subject to the provisions of this Act,
(a) the jurisdiction of the Lokayukta may be exercised by bench thereof;
9[(b) a bench may be constituted by the Chairperson with the member as the Chairperson may deem fit;
9[ ].substituted by s.9 (1)(i) of 201~ Act.
lO[(C) deleted]
(d) where a bench consists of the Chairperson, such bench shall be presided over by the Chairperson;
lO[(e) deleted.]
"l ].deleted by s.9(1) (ii) of 2019 Act.
(f) the bench of the Lokayukta shall ordinarily sit at Itanagar and at such other places as the Lokayukta may, by regulations, specify.
11[(2) The Lokayukta shall notify the areas in relation to which the bench of the Lokayukta may exercise jurisdiction.} 11[ ].substituted by s.9(2) of 2019 Act.
(3) Notwithstanding anything contained in sub-section (2), the Chairperson shall have the power to constitute or reconstitute l2[bench} from time to time.
(4) If at any stage of the hearing of any case or matter, it appears to the Chairperson or the member that the case or matter is of such nature that it ought to be 13[heard by a bench of the member, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to full bench as the Chairperson may deem fit}.
l2[ l.substltuted by 5.9(3) of 2019 Act.
l3[ ].deleted by 5.9(4) of 2019 Act.
17. 14[Where bench is constituted, the Chairperson may, from time to time, by notification,make provisions as to the distribution of the business of the Lokayukta and also provide for the matters which may be dealt with by each bench.} [ ].deleted by 5.10 of 2019 Act.
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, l5[may transfer any case pending before a bench for disposal to Chairperson bench}.
lS[ ].substituted by 5.11 of 2019 Act.
19 16[ deleted).]
16[ ].deleted by 5.12 of 2019 Act.
CHAPTER. VII PROCEDURE IN RESPECT OF "I *deleted ] INQUIRY 17[ *deleted] 17[ }.deleted by s.13 of 2019 Act.
20. 18[(1) The Lokayukta shall, on receipt of a complaint, first decide whether to proceed in the matter or close the same and if the Lokayukta decides to proceed further, it shall,-
(a) order for a preliminary inquiry against any public servant referred to in clauses (a), (b), (c), (d), (g) and (h) of sub-section (1) of section 14 by its Inquiry Wing or any agency of the Government to ascertain whether there exists a prima-facie case for proceeding in the matter;
(b) forward the complaint to the Vigilance Department for conducting a preliminary inquiry in respect of public servants belonging to Group A, Group 8, Group and C and in clauses ( el and If) nf f;lIh_f;prtinn 111,.." rD"";"'~ -9- 14 to ascertain whether there exists a prima-facie case for proceeding in the matter:
Provided that the Vigilance Department in respect of complaints referred to it under this clause, after making preliminary inquiry in respect of public servants belonging to Group A and Group B, shall submit its report to the Lokayukta in accordance with the provisions contained in sub-section (2) and in case of public servants belonging to Group C, the Department shall proceed in accordance with the instructions and orders in force.
(2) The Inquiry Wing or any agency of the Government or the Chief Vigilance Officer of Arunachal Pradesh Government, as the case may be, shall conduct the preliminary inquiry referred to in sub-section (1 ), on the basis of material, information and documents collected, seek the comments on the allegations made in the complaint from the public servant and competent authority and after obtaining the comments of the concerned public servant and competent authority, submit, within sixty days from the date of receipt of the reference, a report to the Lokayukta.
(3) The Chief Vigilance Officer may, for the purpose of conducting preliminary inquiry, utilise the service of the appropriate agency in accordance with the instructions and orders in force.
(4) Full Bench consisting of Lokayukta and member shall consider every report received under sub-section (2) from the Inquiry Wing or any agency of the Government or Chief Vigilance Officer and after giving an opportunity of being heard to the public servant, decide as to whether there exists a prima-facie case, and proceed with the following actions, namely:-
(a) order for a detailed inquiry in respect of public servants referred to in subsection (1) of section 14 ( other than the public servants belonging to Group C by its Inquiry Wing or any agency of the Government;
(b) recommend for departmental action in respect of public servants belonging to Group A and Group B;
(c) closure of the proceedings against the public servant and take action to proceed against the complainant under section 35.
(5) In case the Lokayukta decides to proceed with a detailed inquiry into the complaint, it shall direct the Inquiry Wing or any agency of the Government to carry out the inquiry as expeditiously as possible and complete the inquiry 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 not exceeding six months at a time for the reasons to be recorded in writing.
(6) The Inquiry Wing or the agency of the Government so directed shall, in respect of cases referred to it by the Lokayukta, submit a detailed inquiry report to the Lokayukta.
(7) Full Bench consisting of Lokayukta and member shall consider every report received by it under sub-section (6) from the Inquiry Wing or the agency so directed and may,-
(a) send a report to the competent authority in respect of the public servants referred to in sub-section (1) of section 14 (other than the public servants belonging to Group C) for appropriate action;
(b) order for closure of complaint.
(8) The Lokayukta may, during the preliminary inquiry or the detailed inquiry, 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, detailed inquiry, as it deems fit.
(9) The website of the Lokayukta shall, from time to time and in such manner as may be specified by regulations, display to the public, the status of number of complaints pending before it or disposed of by it.
-10- @
(10) The Lokayukta may retain or cause to retain the original records -and evidences, which are likely to be required in the process of preliminary inquiry or 4' detailed inquiry".
(11) Save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or detailed inquiry (including such material and documents to be made available to the public servant) under this Act, shall be such as may be specified.]
18[ ].substituted by s.14 of 2019 Act.
21. If, at any stage of the proceeding, the Lokayukta
(a) considers it necessary to inquire into the conduct of any person other than the accused; or
(b) is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the preliminary inquiry it shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to produce evidence in his defence, consistent with the principles of natural justice.
22. Subject to the provisions of this Act, for the purpose of any preliminary inquiry or 19[* deleted], the Lokayukta or the investigating authority, as the case may be, may require any public servant or any other person who, in its opinion, is able to furnish information or produce documents relevant to such preliminary inquiry or investigation, to furnish any such information or produce any such document.
19[ ].deleted by s.28 of 2019 Act.
23. 2°[*deleted] 20[ ].deleted by s.lS of 2019 Act.
24. 21[No sanction or approval of any authority shall be required by the Lokayukta for the purpose of making preliminary inquiry or detailed inquiry by the Inquiry Wing or Chief Vigilance Officer or any agency of the Government on any complaint filed before it against any public servant].
21[ ].substituted by s.16 of 2019 Act.
CHAPTER - VIII POWERS OF THE LOKAYUKTA
25. 22[The Lokayukta shall, notwithstanding anything contained in any other law for the time being in force, have the powers of superintendence and direction over the agency conducting the agency or any inquiring authority in respect of the matters in so far as they relate to the inquiry under this Act.} 22[ ].substituted by s.17 of 2019 Act. .
26. (I) 23[*deleted] 23[ ].deleted by s.18(i) of 2019 Act
(2) If the Lokayukta is satisfied that any document seized under 24[*deleted] may be used as evidence for the purpose of any preliminary inquiry 24 [* deleted] under this Act and that it shall be necessary to retain the document in its custody or in the custody of such officer as may be authorised, it may so retain or direct such authorised officer to retain such document till the completion of such preliminary inquiry or investigation as the case may be: Provided that where any document is required to be returned, the Lokayukta or the authorised officer may return the same after retaining copies of such document duly authenticated in the manner as may be prescribed.
24[ ].deleted by s.18(ii) of 2019 Act -11- 27 (1) Subject to the provisions of this section, for the purpose of any preliminary inquiry, the inquiry Wing of the [Lokayukta shall have all the power of a civil court, under the code of Civil Procedure, 1908,while trying a suit in respect of the following matters, namely:
(i) summoning and enforcing the attendance of any person and examining him on oath;
(ii) requiring the discovery and production of any document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or Copy thereof from any court or office;
(v) issuing commissions for the examination of witnesses or documents:
Provided that such commission, in case of a witness, shall be issued only where the witness, in the opinion of the Lokayukta, is not in a position to attend the proceeding before the Lokayukta; and
(vi) such other matters as may be prescribed.
(2) Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, 1860.
28. 25[(1). The Lokayukta may, for the purpose of conducting any preliminary inquiry or investigation, utilise the services of any officer or organisation or investigation agency of the Government.
(2) For the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry or investigation, any officer or organisation or agency whose services are utilised under sub-section (1) may, subject to the superintendence and direction of the Lokayukta,
(a) summon and enforce the attendance of any person and examine him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office. The officer or organization or agency whose services are utilized under sub-section (2) shall inquire or, as the case may be, investigate into any matter pertaining to the preliminary inquiry or investigation and submit a report thereon to the Lokayukta within such period as may be specified by it in this behalf.
(3) The officer or agency whose services are utilised under sub-section (1) shall inquire into any matter pertaining to the preliminary inquiry or detailed inquiry and submit a report thereon to the Lokayukta within such period as may be specified by it in this behalf.]
25[ ].substituted by s.19 of 2019 Act
29. 26[1 (i) Where the Lokayukta, while making a preliminary inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available, that-
(a) the continuance of the public servant referred to in clauses (e), (/), (g) and (h) of sub-section ( 1) of section 14 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry adversely; or
(b) the public servant referred to in clauses (e), (/), (g) and (h) of sub-section (1) of section 14 is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the Lokayukta may recommend to the Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order.
(ii) The Government shall ordinarily accept the recommendation of the Lokayukta made under sub-section (1) (i), except for the reasons to be recorded in writing in a case where it is not feasible to do so for administrative reasons.]
26[ ].substituted by 5.20 of 2019 Act -12-
(2) The Lokayukta shall, immediately after attachment under sub-section (1), .•..
forward a copy of the order, along with the material in his possession, referred to in that sub-section, to the Special Court, in a sealed envelope, in the manner as may be prescribed and such Court may extend the order of attachment and keep such material for such period as the Court may deem fit.
(3) Every order of attachment made under sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed by the Special Court under sub-section (2).
(4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) or sub-section (2), from such enjoyment.
Explanation.-For the purposes of this sub-section, 'person interested', in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property.
30. 27[deleted]
31. 27[deleted]
32. 27[deleted] 27[ }.deleted by s.21 of 2019 Act Power of the Lokayukta to give directions to prevent destruction of records during preliminary Inquiry
33. The Lokayukta may, in discharge of its functions under this Act, issue appropriate directions to a public servant entrusted with the preparation or custody of any document or record:
(a) to protect such document or record from destruction or damage; or
(b) to prevent the public servant from altering or secreting such document or record; or
(c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means.
34. The Lokayukta may, by general or special order in writing and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of 28[its Member] or officers or employees as may be specified in the order.
28[ ] .substituted by s.22 of 2019 Act
CHAPTER. IX 29[PROVISIONS RELATING TO FRIVOLOUS OR VEXATIOUS COMPLAINT UNDER THIS ACT].
29[ ].substituted by s.23 of 2019 Act
35. 3°[(1) Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupees.
(2) No Court shall take cognizance of an offence under sub-section (1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made or by an officer authorised by the Lokayukta.
(3) The prosecution in relation to an offence under sub-section ( 1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the Government.
(4) In case of conviction of a person being an individual or Society or Association of persons or Trust (whether registered or not) for having made a false complaint under this Act, such person shall be liable to pay compensation to the public servant against whom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Court may determine.
(5) Nothing contained in this section shall apply in case of complaints made in good faith.
Explanation- For the purpose of this sub-section, the expression "good faith" means any act believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake of fact believing himself justified by law under section 79 of the Indian Penal Code, 1860.
(1) Where any offence under sub-section (1) of section 35 has been committed by any Society or Association of persons or Trust (whether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the Society or Association of persons or Trust, for the conduct of the business or affairs or activities of the society or Association of persons or Trust as well as such Society or Association of persons or Trust shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1 ), where an offence under this Act has been committed by a Society or Association of persons or Trust (whether registered or not) and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any Director,Manager; Secretary or other officer of such Society or Association of persons or Trust, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly].
30[ l.substltuted by 5.24 of 2019 Act
CHAPTER. X COMPLAINTS AGAINST CHAIRPERSON, MEMBER AND OFFICIALS OF THE LOKAYUKTA