(1) Every complaint involving an allegation shall be made in such form as may be prescribed and shall be accompanied by a deposit of 25 rupees. The complainant shall also swear in affidavit in such form as may be prescribed before the Lokayukt or any officer authorised by the Lokayukt in this behalf.
1“Provided that, in the case of a complaint against a public servant in relation to whom the Chief Minister is not the competent authority, neither the deposit nor affidavit shall be necessary ;
Provided further that, if in the opinion of the Lokayukt or the Up- Lokayukt, it is necessary to have the deposit as well as the affidavit, he may direct that the complainant shall also make the deposit of twenty five rupees and submit an affidavit in the prescribed form before him or any officer authorised by him.” (1-a) 2 Notwithstanding anything contained in this Act or any other law enacted by the State Legislature for the time being in force, any letter written to the Lokayukt by a person in police custody or in a Jail or in any asylum or other place for insane person, shall be forwarded to the Lokayukt unopened and without delay by the Police Officer or person in charge of such Jail, asylum or other place and the Lokayukt may, if satisfied that it is necessary so to do, treat such letter as a complaint made in accordance with the provisions of sub-section (1).”
(2) Notwithstanding anything contained in section 10 or any other provision of the Act every person who wilfully or maliciously makes any false complaint under this Act, shall, on conviction be punished with rigorous imprisonment which may extend to two years or with fine which may extend to five thousand rupees or with both and the court may order that out of the amount of fine such sum as it may deem fit be paid by way of compensation to the person against whom such complaint was made;
1 Inserted by Amendment Act No. 7 of 1982, published in “Madhya Pradesh Rajpatra” (Asadharan) dated 27.3.82 ( pp. 426-428) 2 Inserted vide Amendment Act No. 25 of 1998, published in “Madhya Pradesh Rajpatra” (Asadharan) dated 31.8.1998.
1Provided that no court shall take cognisance of an offence punishable under this section except on a complaint made by or under the authority of the Lokayukt or Up-Lokayukt, as the case may be;
Provided further that the complaint made under the signature and seal of Lokyukt and Up-Lokayukt shall be deemed as formally proved and the evidence of Lokayukt and Up-Lokayukt shall not be necessary for the purpose.