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Section 12: Reports of Conumssion

The Kerala Public Men (Prevention of Corruption) Act, 1983(Act 6 of 1984)State Act of Kerala · Act 6 of 1984

(l) The CommiSSion shall, M the end of the detailed mvestJgauon, record 1ts findmgs mcludmg a finding ·referred to m sub-sec11on (3) statmg the reasons therefor an,l_report the same to the Government w1th 1ts recommendatiOns. · · · (2) The report of the OlmmiSSIOn under sub-section (l) shall be commurucated. ;to the Government Wlthm a penod of one year from the commencement 'of me detailled mvestJgatJOn reterred to lll subsectiOn" ,(2) of sectiOn 11. "

(3) Where the CommiSSIOn is of opii!UOn tthat lt 1S expedierut: ' m 'the mterests of JUStice that the public man agamst whom corruption has been alleged or any other person concerned w11.h the subject ma~r of the allegatiOn should be prosecuted for any offence referred to m -.,·-, \ • \ 51 section 6 of the Criminal Law Amendmer11t Act, 1952 (Central Act 46 of 1952), tthey shalll, 1f no prosecution for such offence has aiready been initiated against the public man or other person m any court, record a findmg t'O that effect statmg the reasons therefor.

(4) Where a finding referred to in sub-section (3) is recorded by the Commission ,the Government shaU take all nl!cessary steps for the prosecution of tJhe persons concerned .

(5) Where no action I'i taken by the Government on the recom­ mendation of the Commission within· a oeriod of six months from the darte of receipt of. such recommendation· by the Government or .where the Commission IS not satisfied w1th the action taken by the Govern menl!: on its_ recommendatiOn, the Comntiss10n shall make a special repon thereof 'to the Governor

(6) The Commission shall present annually a C'Onsohdated report on tlle performance of Its f.unctions under this Act to the Governor.

(7) On receipt of a spec1.al report under sub-section (5) or the annual report undeu sub-sectiOn (6), the GovernoJ shall cause a copy thereof to be laid, as soon as may be, before the Legi!>latJVI! Assembly.

(8) The Government shall cause every report of the (om mission .under sub-section (1) to be J.aid before the Leg1~lative Assembly together with a memorandlllill of the action taken thereon withm a period o:

six months of the submission of the report to the Government.

13. Public man to vacate office if directed by Commisszon -{1) Where, after an mvestJgation under this Act, the Commission 1s satisfied that an allegation agamst a pubhc man has been substantiated and that such pub{hc man should not contmue to hold .the post held by him, the Commission shall make a declaration· to that effect m Its report under sub-sectiOn (1) of section 12 and thereupon the Government may either accept the declaration or reject it.

(2) If ·the declarntion is not re Jooted under sub-sectioP (1 )' w lthin a· period of three months from the date of receipt of the report under sub-sectiOn (1) of seot10n 12, }t shall be deemed to have been accepted by ·tlhe Govemmenrt on the expiry of the said period of three months.

(3) If the declaration referred to in sub-section (1) is accepted or 1s deemed to have been accepted by the Government, the fact of such acceptance or rthe deemed acceptance shall be mt mated to the public man and not withstanding anything contained· in any law, order, nouficat10n, rule or contract of appomtment, the pubhc man shall, with effect from the date of such intimation,-

(i) If he is the Chief Mm1s.ter or a M·nis.ter or a Me'Tlber of the Legislative Assembly of the State, resign hiS office of C~ief 52 Minister, Minister or Member of the Legislative Assemb&y, as the case may be;

(11) 1f he 1s any other person, be deemed to have , acated hiJ office.

I

Where this provision sits

ActThe Kerala Public Men (Prevention of Corruption) Act, 1983(Act 6 of 1984)
Section12
Marginal noteReports of Conumssion
JurisdictionState of Kerala
StatusIn force as published by the source

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