(1) Every complaint of allegation or wrongdoing made against any officer or employee or agency under or associated with the Lokayukta for an offence punishabie under the Prevention of Corruption Act, 1988 shall be‘deait .
with in accordance with the provisions of this section.
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(2) The Lokayukta shaii compiete 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 empioyee of the Lokayukta or agency engaged or associated with the Lokayukta, if it is prima facie satisfied on the basis of evidence avaiiabie that—- ‘
(a) continuange 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 adverseiy;
or
(b) an officer or employee Of the Lokayukta or agency engaged _or associated 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 at! powers and responsibiiities’ hereto before exercised by it .
,(4) On- the completion of the inquiry, if the Lokayuktas is satisfied that there is prima facie evidence of the commission of an offence under the Prevention of Corruption Act, 1988 or ofany wrongdoing, it shall within a period of fifteen days of the completion cf such inquiry, - an order to prosecute, such officer or employee of the Lokaytikta or such officer, employeeagencyengaged on assomated wIth the Lokayuktaand initiate disciplinary proceedings againstthe official cohcemed:
Provided that no such order shalt be passed > without giving such officer or employee of theLokayukta.
such. offieer,‘ employee agency engaged or associated. a Treasonabie 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, notwithstanding and without prejudice to any law for the time being'in force, it may make an assessment of loss, if. any, caused to the pubiic exchequer on account of’ Assessment of loss and recovery thereof by Special Court.
'Budget Grants by State Government.
Annual .
statement of I accounts;
24 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 quantifiabie.
from such public servant so convicted:
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 Xll 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 State Government for information- " ,
41. The State Government may, after due appropriation made by Manipur 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 ailowa‘nces payable to the Chairperson and Members and the administrative expenses. in‘ciuding the salaries and aiiowanoes and pension payable to or in respect of officers and other employees of the'Lokayukta.
42.7 (1) The Lokayukta.shaii..maintain proper accounts and other relevant records and" prepare an annuai statement Of _ aooounts in suchformas may be prescribed bythe State Government in consultation with the Accountant General _ of Manipuri ~ ' ' ' '
(2) The accounts of the Lokayukta shalt be audited by‘ the Acwuntant General of Manipur at such intervals as may be specified by him. _ . . ' '
(3) The Accountant Generai of Manipur or any personrappointed by him in connection With the audit of the accounts of the Lokayukta under this Act shall have the same rights, priviieges and authOrity in connection with such audit, as the Accountant General of Manipur , generaliy has, in connection with the audit of the Government accounts and, in particular, shall have the right» to demand the production of books, accounts, cOnnected vouchers and other documents and papers and to inspect any of the offices of the Lokayukta.
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(4) The accounts of the Lokayukta, ascertified by the Accountant General bf Manipur or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the State Government and the State Government shaii Cause the «same to be laid before the ManipurL‘Lzegis’rative'Assembly.‘2
43. The L_okayukta shall furnish to the State Goverhhiem, lnat such time and in such form and manner as may be _presgribeg or as theState Government may request, such returns and staatementsrand' such particulars in regard to any matter under the jurisdiction ofthe Lokayukta, -as--the State Government may, from time to time, require
CHAPTER Xiil _ V _. ijE—CLARATION OF ASSETS "'44; ("7) Every'pfibi—ib ser—vaht shalt make a—deciaratioh of his assets and liabilities in the manner as provided_by or under this Act.
_ _ (ZLA public servant shall, withinaperiod of thirty days from the date on which he makes and Subscribes an —oath-<’>r affirmation to enter upon his office, furnish'to the competent authority the information relating to— — (aj'I—"the assets of which he; his spouse and his V _dependent c_hiidre_n_ _ are. __jQintly __ or severally, owners or beneficiaries;
Furnishing0L returns, etc. to State Government.
D—eeiaration ofassetsi — -- - —({s)——his liabilities angf that-of— his spouse 'and his dependent children
(3)Apublic servantholdinghis officeas such at the time ofthe_ commencementof_this Act. s_hali furnis_h information relating to such aesets and iIabIlItIes, as _referr_ed to in s_ub-sectiou (2) _to the competent authority within thirtydaysof the ooming into force of this Act.
- ,9 - (4)£very pubiicservantshaii1'ie withthe competent authority, on orbefore the 31$t July of every year, an annual return oi suoh assets and liabilities, as referred to in sub— section (2) as on the 31st Marchof that year.
(5)Theinformation. under sub-section(2)or sub— section (3) andannualreturn Linden aubgsection—(4) shaii be furnished to the competent authonty in such form and in such mannerasmay—bepFeseribed. -— ~ ‘-
(6) The competent authority in respect: of each ‘offibe orDepartmentshaiiensure that all such statements are published on the website of suchofficer or Department by 31m August Ofthatyear Presumption as to acquisition of assets by corrupt means in certain cases.
Prosecution _ for false compiaint and payment of compensation, etc., to public servant.
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Explanation.——For the purposes of this section, "dependent children" means sons and daughters who have no separate means of earning and are wholly dependent en the public servant for their livelihood.
45. if any public servant willfully or for reasons which are not justifiable, fails to— '
(a) to declare his assets; or
(b) gives misleading information in respect of such assets and is found to be in possession of assets not disciosed or in respect of which misleading information was furnished, then, such assets shall, unless otherwise proved, be presumed to beiong to the public servant and shall 'be presumed to be assets acquired by corrupt means:
Provided that the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceeding such minimum value as may be prescribed.
CHAPTER XIV OFFENCES AND PENALTIES