(1) The Lokayukta shall, by notification, constitute a Prosecution Wing headed by a Public Prosecutor for the purpose of prosecution of public servants as per the procedure in relation to any complaint made before the Lokayukta under this Act:
Provided that till such time the Prosecution Wing is constituted by the Lokayukta, the Government shall make available such Inspectors, Public Prosecutors and other staff and officials, as may be required.
(2) The Public Prosecutor shall, after having been so directed by the Lokayukta, file a case as per the procedure in accordance with the findings of the investigation report as per sub-section (6) of Section 14, before the Special Court, and shall take all necessary steps as per the procedure in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988.
(3) The report under sub-section (2) shall be deemed to be a report, filed on completion of investigation, referred to in Section 173 of the Code of Criminal Procedure, 1973.
CHAPTER-V EXPENSES OF LOKAYUKTA TO BE CHARGED ON THE CONSOLIDATED FUND OF THE STATE
12. The administrative expenses of the Lokayukta, including all salaries, allowances and pensions payable to or in respect of the Chairperson, Members or Secretary or other officers or staff of the Lokayukta, shall be charged upon the Consolidated Fund of the State and any fees or other moneys taken by the Lokayukta shall form part of that Fund.
CHAPTER-VI JURISDICTION IN RESPECT OF INQUIRY
1.3. (1) Subject to the other provisions of this Act, the Lokayukta shall inquire or cause an inquiry to be conducted as per the procedure into any matter involving, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:-
(a) any person who is or has been a Chief Minister;
(b) any other person who is or has been a Minister of the State;
6 49 of 1988 2 of 1974
(f) any officer or employee referred to in clause (e) or holding equivalent DOS! in any Body or Board or corporation: or authority or company or sociery or trust or autonomous body (by whatever name called) established by any Act of Parliament or of a State Legislature which IS ·•••.holly or p.artly financed by the Government or controlled by it;
(g) any person who is or has been a director, manager, secretary or other orticer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called. wholly or partly financed or aided by the Government and the annual income of which exceeds such amount as the Government may. by notification, specify;
any person who is or has been a director, manager, secretary or other orticer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from the public and the annual income of which exceeds such amount as the Government may, by notification, specify or from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may, by notification, specify:
Provided that any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988 and the provisions of that Act shall apply accordingly.
(c) .'
J:'< (d) ... -~
(e)
(h) any person who is or has been a Member of the Sikkim Legislative Assembly:
any person who is Chairperson or a member by whatever name called, of a Panchayat or a Municipality as respectively provided in Articles 243-8 and 243-0 of the Constitution of India;, any oHicer or employee of the State, referred to in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 49 of 1988 when serving or who has served, in connection with the affairs 1988 of the State:
42 or 2010 496f 1988
(2) Notwithstanding anything contained in sub-section (1), the Lokayukta shall not inquire into any matter involving or arising from, or connected with, any such allegation of corruption against any Member of the Sikkim Legislative Assembly in respect of anything said or a vote given by him in the said Assembly or any committee thereof covered under the provisions contained in clause (2) of Article 194 of the Constitution of India.
(3) The Lokayukta may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act of bribe giving or bribe taking or abetting the same or in conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 against a person referred to in sub-section (1);
Provided that no action under this section shall be taken in case of a person serving in connection with the affairs of the Union. without the consent of the Central Government.
(4) No cognizance of a complaint shall be taken if it discloses that the offence as alleged was committed by a public servant while he was holding the office if the allegalioi! of offence relates to a period which is more than five years old from the date of the complaint 49 of . 1988 7 Provisions relating to complaints and preliminary inquiry and investigation
CHAPTER-VII PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION