(1) Every complaint or allegation made against any officer or employee or agency under, or associated with, the Lokayukta for an offence punishable under the Prevention of Corruption Act, 1988 shall be dealt with in accordance with the provisions of this section.
(2) The Lokayukta shall complete 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 employee of the Lokayukta or agency engaged or associated with the Lokayukta, if it is prima facie satisfied on the basis of evidence available, that continuance 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 adversely or 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 all powers and responsibilities hereto before exercised by it.
(4) On completion of the inquiry, if the Lokayukta is satisfied that there is prima-facie evidence of the commission of an offence under the Prevention of Corruption Act, 1988, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute such officer or employee of the Lokayukta or such officer, employee, agency engaged or associated with the Lokayukta and initiate diSCiplinary proceedings against the official concerned:
Provided that no such order shall be passed without giving such officer or employee of the Lokayukta, or agency so engaged or associated, a reasonable opportunity of being heard.
14 . :.rl F'u r n is h i rvg' o f returns ate" to Go vc r n rn e n t Dn c l a r a t io n of a s s c t s Fn l s e in f'o r rn a t io n t o hc d c a l t "8 per !;lIV
CHAPTER·XI I=INANCE ACCOUN~ AND AUDIT 32, The Financial requirement of the .Lokayukta, Budget, Accounts, etc .
including audit shall be dealt by the Lokayukta in such manner, as may be considered expedient. For the purpose of proper audit, the Lokayukta shall maintain proper account which shall be audited by th(3 official of the Accountant General, Sikkim.
33. The Lokayukta shall furnish to the Government, at such time and in such form and manner as may be prescribed or. as the Government may request, such returns and statements and such partlculars in regard to any matter under the jurisdiction of the Lokayukta, as the Government may, from time to time, require,
CHAPTER-XII DECLARATION OF ASSETS 34, (1) Every public servant shall make a declaration of his assets and liabilities in the manner as provided by or under this Act.
(2) A public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority the information relating to -
(a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries;
(b) his liabilities and that of his spouse and his dependent children,
(3) A public servant holding his office as such, at the time of the commencement of this Act, shall furnish information relating to such assets ana liabilities, as referred to in sub-section (2), to the competent authority within ninety days of the coming into force of this Act.
{4) Every public servant shall file with the competent authority, on or before the thirty-firs! July of every year, an annual return of such assets and liabilities, as referred to in SUb-section (2), as on the thirty-first March of that year,
(5) The information under sub-section (2) or sub-section (3) and annual return under SUb-section (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed,
(6) The competent authority in respect of each Oepar1ment shall maintain the records of such statements in such manner as may be provided under law.
Explanation, - For the purposes of this section, "dependent children" means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood.
35. If any public servant willfully or for reasons which are not justifiable, fails to declare his asset or gives misleading or false information in respect of such assets, in such cases he shall be dealt with as per provisions of law, 15 Prosecution for false' compja+nt and payment or compensation, etc., to public servant False complaint made by society or assoctat.ion of persons or
CHAPTER·XIII OFFENCES AND PENALTIES