(l) The Lokayukta shall not inquire into any complainant made against the Chairperson or any Member.
(2) Subject to the provisions of sub-section (4), the Chairperson or any Member shall be removed from his office by order of the Governor on the grounds of misbehaviour after the High Court of Gauhati, on a reference being made to it by the Governor on a petition signed by at least twenty member of the Legislative Assembly, has, On an inquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairperson or such Member, as the case may be, ought to be removed on such ground.
(3) The Governor may suspend from the office, the Chairperson or any Member in respect of whom a reference has been made to the High Court under sub-section
(2), on receipt of the recommendation or interim order made by the High Court in this regard until the Governor has passed orders on receipt of the final report of the High Court on such reference.
(4) Notwithstanding anything contained in sub-section (2), the Governor may, by order, remove from the office, the Chairperson or an Member, if the Chairperson
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(a) is adjudged an insolvent;or
(b) engages himself during his term of office, in any paid employment ~ outside the duties of his office; or {c} is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body.
{S} If the Chairperson or any Member is, or becomes, in anyway concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as the member and in common with the other member of anincorporated company, he , shall, for the purposes of sub-section (2), be deemed to be guilty of misbehaviour.
Complaints against officials of Lokayukta :
38. {1} Every complaint or allegation made against any officer or employee or agency under, or associated with, the Lokayukta for an offence punishable under the Prevention of Corruption Act, 1988. and or under Chapter 9 of the Indian Penal Code, 1860 shall be dealt with in accordance with the provisions of this section.
{2} The Lokayukta shall complete the inquiry into the complaint or allegation made within a period of thirty days from the date of its receipt.
(3) While making an inquiry into the complaint against any officer or employee of the Lokayukta or agency engaged or associated with the Lokayukta, if it is prima facie satisfied on the basis of evidence available, that continuance of such officer or employee of the Lokayukta or agency engaged or associated in his post while conducting the inquiry is likely to affect such inquiry adversely or is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the Lokayukta may, by order, suspend such officer or employee of the Lokayukta or divest such agency engaged or associated with the Lokayukta of all powers and responsibilities hereto before exercised by it.
{4} On completion of the inquiry if the Lokayukta is satisfied that there is prima facie evidence of the commission of an offence under the Prevention of Corruption Act, 1988, and or under Chapter I of the Indian Penal Code, 1860 it shall, within a period of fifteen days of the completion of such inquiry order to prosecute such officer or employee of the Lokayukta or such officer, employee, agency engaged or associated with the Lokayukta and initiate disciplinary proceedings against the official concerned:
Provided that no such order shall be passed without giving such officer or employee of the Lokayukta, or agency so engaged or associated, a reasonable opportunity of being heard.
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, without prejudice to any law for the time being in force, it may make an assessment of loss, if any, caused to the public exchequer on account of the actions or decisions of such public servant not taken in good faith and for which he stands convicted, and may, order recovery of such loss, if possible or quantifiable, from such public servant so convicted:
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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-XII 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 Government for information.
41. The Government may, after due appropriation made by the 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 allowances payable to the Chairperson and member and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the Lokayukta.
Annual statement of accounting. Furnishing of returns etc, to Government: