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Section 15

The Haryana Lokayukta Act, 2002 (1 of 2003)State Act of Haryana · Act 1 of 2003

(1) Where in consequence of information in his possession or after such inquiry as he thinks necessary, the Lokayukta,—

(a) has reason to believe that a person—

(i) to whom a summons or notice under this Act, has been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful or relevant to any inquiry or other proceedings to be conducted by him;

(ii) is in possession of any money, bullion, jewellery, or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rule in force which requires such disclosure to be made; or

(b) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection, may issue a search warrant and he or any person authorised by him may, by that search warrant— (I) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or things is kept;

Power of search and seizure.

LOKAYUKTA [2003 : Hr. Act 1 183 (II) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available;

(III) seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search;

(IV) place a mark of identification on any property or document or make or cause to be made extracts or copies therefrom; or (V) make a note or an inventory of any such property, document, money, bullion, jewellery or other valuable article or thing.

(2) The provisions of section 100 of the Code of Criminal Procedure, 1973, shall, so far as may be, apply to searches under sub-section (1).

(3) A warrant issued under sub-section (1) shall, for all purposes, be deemed to be a warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.

16. Notwithstanding anything contained in this Act, any person who willfully or maliciously makes any false complaint under this Act, shall, on conviction, be punished with rigorous imprisonment which may extend to three years or with fine which may extend to ten 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:

Provided that no court shall take cognizance of an offence punishable under this section except on a complaint made by or under the authority of the Lokayukta:

Provided further that the complaint made by or under the authority of the Lokayukta shall be exclusively tried by a court of sessions which may take cognizance of the offence in such complaint without the complaint being committed to it, notwithstanding anything contained in the Code of Criminal Procedure, 1973.

Where this provision sits

ActThe Haryana Lokayukta Act, 2002 (1 of 2003)
Section15
JurisdictionState of Haryana
StatusIn force as published by the source

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