(1) Notwithstanding anythingcontained in section 197 of the Code of the Criminal ProcedIIre,1973 or section. 19 of the Prevention of the Corruption Act,1988, the- Lokayukta shall havethe power to grant sanction for 20
(2) No prosecIJtion under sub-section (1) shaii be initiated against any public servant accused of any offence“) committed by him While acting. or purporting to act in the dibcharge pf his official duty, and no court shaii take cognizance of Such Offence except with the previous sanction of the Lokayukta.
a prosecution under clause (a) of subsection (7) of section”, ~Previous , sanction not necessary for investigation and initiating Prosecution by Lokayukta in pertain cases.
(3) Nothing contained in Subsections (1) and (2) shall apply in respect of the persons holding office in Action-on investigation against public servant being ' Chief Minister, Ministers or .
Members of Manipur Legislative Assembly, Supervisory powers of Lokayukta.
16 pursuance of the provisions of the Constitution of india and in respect of which a procedure for removal of‘such person has been specified therein.
(4) The provisions contained in sub-sections (1 )-,
(2) and (3) shall be without prejudice to the generality 'of the provisions contained in article 31 1- and sub-ciause (c) of clause (3) of article 320 of the Constitution of india.
24. Where, after the cbnciusion of the investigation, the findings of the Lokayukta disclose the commission of .an offence under'the Prevention of Corruption Act, 1988 by a public servant refenedwto 'in_ plause (a) or clause..(b) er clause (a) of sub—section (1) of section 14, the Lokayukta may file a case in the Special Court. and shall send a copy of the report together with its findings to the competent authority.‘ _ I _ - - v - v ~ v - /
CHAPTER VIII .,,_ "PGWERS‘OFLOKAYUKTAM -. ~ ~ 1
25.’ 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 “investigation agency in respect of the matters in so far as they relate to,,..the investigationby such agency under this " Searchiandi seizure.
Act:
Provided ' that ' while exercising powers bf ' superintendence or giving direction under this s_ubfsectionl _ the Lokayukta Shali“hot"'exei‘cifse such powers in such a manner so? as to ' require the agenqy to which the_ 'inves‘tig‘ati‘on has- been given, to investigate and dispose of ' any case in a partieular manner: . . . . . I. I .. I
26.11) if‘ the Lokayukta has reason to beiieve‘ that any document which, in. its opinion, shail be useful for, or“ reieVant to, any investigation under-this Act, are secreted in .. any place, it- may authoriseany agency to whom the“ ii‘Ne’stigation has been given to search for and to seize Such-documents.
- ~~ I -- - - . - .
(2) if the Lokayukta is satisfied that any document , seized under sUb—section (1) maybe used as evidence for the purpose of any investigation under this Act and that it snaii bewnecessary to retain the document in its custody or in the custody of such offlc'er .as may be authorised, it may so retain or direct such authorised officer to retain such document til! the completion of such preliminary inquiry or investigation:
.
17
Provided that where any document is required to be returned, the Lokayukta or the authorised officer may return the same after retaining copies Cf such document duly authenticated.
27 (1) Subject to the provisions of this section. for the,- purpose of any preliminaryinquiry, the inquiry Wihg of the» ' Lokayukta shall haves" the powers of a civii court, under the Code of Civil Procedure, 1908, while trying a suit in respect of the foiiowing matters, namelyz— .
(I) ‘ summoning and enforcing the attendance of any personand-examining him-on oath;
_(ii) requiring the discoveryand production of any document;
(ii!) receiving evidence on (affidavits:
(iv) reauisitioning any public record or- copy thereof from any'court'or office;
(v) issuing commissions forthe 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 bedeemedto be:a jqoioial proceedingwithin the meaning of .
"section193oftheigdian PenalCode.
28.2 (21) The Lokayukta may, forthe purpose ofconductlng any preiiminary inquiry or investigation, utilisethe services of any officer ororganisation or investigation agency of the State Government. ~ »-
(2) For the purpose'bf preliminary inquiry or" investigatingInto any matter pertaining to such inquiry or InvestIgatIon anyofficer or organisation or agency whose services are utilised Under sub-sectibn (1) may, subject to.
the direction and controi of the L,_okayukta—
(a) summon and enforce the attendanoe of any persbn and examine him; --
(b) require the disoovery and production of any“ , document; and
(o) reqdisition anyzjipubiic record or. eopy thereof. from any office.
Lokayukta to have powers of civil court in certain cases.
Power of ~ Lokayukta to utilize services of officers of 7" State Government.
Provisional attachment of assets.
18
(3) The officer or organisation or agency whose seryices are utilised under sub-section (2) shall inquire .or, as the case may be, investigate into any matter pertaining to the preiiminary inquiry orinvestigation and submit a report thereon to the Lokayukta within such period as may bespecified by Mr: this behalf.