(1) Subject to the provisions of this Act, —
(a) the jurisdiction of the Lokayukta may be exercised by benches thereof;
(b) a bench may be constituted by the Chairperson with two or more Members as the Chairperson may deem fit;
(c) every bench shall ordinarily consist of at least one Judicial Member;
(d) where a bench consists of the Chairperson, such bench shall be presided over by the Chairperson;
(e) where a bench consists of a Judicial Member and a non- Judicial Member, not being the Chairperson, such bench shall be presided over by the Judicial Member;
(f) the benches of the Lokayukta shall ordinarily sit at Bhubaneswar and at such other places as the Lokayukta may, by regulations, specify.
(2) The Lokayukta shall notify the areas in relation to which each bench of the Lokayukta may exercise jurisdiction.
60 of
1952.
Matters pending before any court or committee or authority for inquiry not to be affected.
49 of
1988.
Odisha Act 8 of
1995.
Constitution of benches of Lokayukta.
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(3) Notwithstanding anything contained in sub-section (2), the Chairperson shall have the power to constitute or reconstitute benches from time to time.
(4) If at any stage of the hearing of any case or matter, it appears to the Chairperson or a Member that the case or matter is of such nature that it ought to be heard by a bench consisting of three or more Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to such bench as the Chairperson may deem fit.
17. Where benches are constituted, the Chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the Lokayukta amongst the benches and also provide for the matters which may be dealt with by each bench.
18. On an application for transfer made by the complainant or the public servant, the Chairperson, after giving an opportunity of being heard to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other bench.
19. If the Members of a bench, consisting of an even number of Members, differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Lokayukta and such point or points shall be decided according to the opinion of the majority of the Members of the Lokayukta who have heard the case, including those who first heard it.
CHAPTER-VII PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION