(1) Whoever makes any false or frivolous or vexatious complaint under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupees.
(2) No Court, except a Special Court, shall take cognizance of an offence under sub-section (1).
(3) No Special Court shall take cognizance of an offence under sub-section
(1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made or by an officer authorized by the Lokayukta.
(4) The prosecution in relation to an.offence under sub-section (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the Government.
(5) In case of conviction of a person being an. individual or society or association of persons or trust (whether registered or not) for having made a false complaint under this Act, such person shall be liable to pay compensation to the public servant against whom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Special Court may determine.
(6) Nothing contained in this section shall apply in case of complaints made in good faith.
Explanation.- For the purpose of this sub-section, the expression "good faith" means any act believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake of fact believing himself justified by law under section 79 of the Indian Penal Code, 1860.
37, (1) Where any offence under sub-section (1) of section 36 has been committed by any society or association of persons or trust (whether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the society or association of persons or trust, for the conduct of the business or affairs or activities of the society or association of persons or trust as well as such society or association of persons or trust shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a society or association of persons or trust (whether registered or not) and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of such SOCiety or association of persons or trust, such director, manager, secretary or other officer of thasocrety shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
16 Rcport~ of ,~ Lo k a y u k t a Pr o t c c t io n of action t a kc n in good fa lt h hy n ny pu bl ic s c rva n t Protection of n c tio n t n k c n in !,ood f;lith hy o t hc rs Mc rn b c r s , officer, and c m p loy c c s of Lri k ay u k t a to be: p u b l ic T'oIVe r to make r u lc s Sc pa r a t c l':R t a hI iRh me n t Po w er to rn a k c rcglll;"\tinn~ POIVC r to r c m o vc difficulties, Tr nns i t o ry p r o v is io n , Repeal
CHAPTER-XIV MISCELLANEOUS 38, It shall be the duty of ihe Lokayukta to present annually to the Governor a report on the work done by the Lokayukta and on receipt of such report the Governor shall cause a copy thereof together with aniemorandum explaining, in respect of the cases, if any, where the advice of the Lokayukta was not accepted, the reason for such non-acceptance to be laid before the Sikkim Legislative Assembly, 39, No suit, prosecution or other legal proceedings under this Act shall lie against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers, ao No suit, prosecution or other legal proceedings shall lie against the Lokayukta or against any officer, employee, agency or any person, in respect of anything which is done in good faith or intended to be done under this Act or the rules or the regulations made thereunder.
4 i , The Chairperson, Members, officers and other employees of the Lokayukta shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code, 1860, 45 c 1861 42, The Government may, by notification, make rules to carry out the provisions of this Act, 43, (i) The Lokayukta shall be a separate establishment having its own logo and seal and the conditions of service of its staff and officers shall be such as may be prescribed by Lokayukta and notification to this effect shall be issued by the State Government.
(ii) Subject to the provisions of this Act and the rules made thereunder, the Lokayukta may, by notification. make regulations to carry out the provisions of this Act.
44, (1) If any difficulty arises in giVing effect to the provisions of this Act, the Government may, by order, published in the Official Gazet1ee, make such provisions not inconsistent with the provisions of this Act, as appear to be necessary for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be, after it is made. before the Sikkim Legislative Assembly, 45, On the coming into force of this Act and the Lokayukta being constituted, any allegation of corruption pending inquiry before the Vigilance Wing of the ,State Government or any other body or authority or Commission of InqUiry, constituted under Commission ot Inquiry Act 1952, shall stand transferred to the Lokayukta constituted under this Act to be dealt with in accordance with the provisions of this Act, 46, The Sikkim Lokayukta Act, 2012 is hereby repealed.
Mrs, Lakchung Sherpa, SSJS L, R -cum-Secretary Law depanment 17 SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Friday 18th December, 2015 No. 472 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK No.7/LD/1S Dated: 8.12.2015 NOTIFICATION The tollowing Act, passed by the Sikkim Legislative Assembly and having received assent of the Governor on 20'h day of November, 2015 is hereby published for general information:- THE SIKKIM LOKAYUKTA (AMENDMENT) ACT, 2015 (ACT NO.7 OF 2015 AN ACT to amend the Sikkim Lokayukta Act, 2014.
Be it enacted by the Legislature of Sikkim in the Sixty-sixth Year of the Republic of India as follows:- Short title, extent 1. (1) This Act may be called the Sikkim Lokayukta (Amendment) Act, 2015 and commencement (2) It shall extend to whole of Sikkim.
(3) Amendment to section 4 of the Sikkim Lokayukta Act, 2014, (hereinafter referred to as the "Principal Act"), shall come into force at once. but the amendment to section 13 of the Principal Act shall be deemed to have come into force on the 27'h day of February, 2014.
Amendment of 2. In the Principal Act, in clause (d) of sub-section (1) of section 4, after the section 4 words "senior most member of the Legislative Assembly" and before the word "Member", the words "by age" shall be inserted.
Amendment of section 13
3. In the Principal Act, in section 13, in subsection (4), after the words "no cognizance of a complaint shall" and before the words "be taken", the word "ordinarily" inserted.
Lakchung Sherpa (SSJS), L.R-cu m-Secretary, Law Department.
S.G.P.G.· 4721Com. 61Gazettei30 Cps.l18.12.2015 SiKK~M GAZETTEGOVERNMENT EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok No. 372 No. 17/LD/18 Monday 23rd July, 2018 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK Dated: 21.07,2018 NOTIFICATION The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 17111day of July, 2018 is hereby published for general information:- THE SIKKIM LOKAYUKTA (AMENDMENT) ACT, 2018 (ACT NO, 17 OF 2018) AN ACT further to amend the Sikkim Lokayukta Act, 2014.
BE it enacted by the Legislature of Sikkim in the Sixty-ninth Year of the Republic of India, as follows:- Short title, extent and commencement Amendment of section 2
1. (1) This Act may be called the Sikklrn l.okayukta (Amendment) Act, 2018.
(2) It shall extend to the whole of Sikkim.
(3) (a) The amendments in Section 4 of the Sikkim Lokayukta Act, 2014 shall come into force at once.
(b) All other amendments in the said Act shall be deemed to have come into force on the 271h day of February, 2014.
2. In the Sikkim Lokayukta Act, 2014, (hereinafter referred to as the "said Act"), in section 2,-
(i) in clause (e), after the word "means" and before the words "an investigation", the words"an investigation by the Lokayukta and" shall be inserted;
(ii) after clause (q), a new clause (r) shall be inserted, namely;- Amendment of section 4 Amendment of section 5 Amendment of section 10 Amendment of section 11
(r) "Agency or investigating agency or special agency or authority means agency or investigating agency or special agency or authority within the State,"
3. In the said Act, in section 4,-
(i) in sub-section (1), the words "and Members" shall be omitted;
ii) after sub-section (1) a new sub-section shall be inserted, namely:- "(1 A)Members of the Lokayukta shall be appointed by the Governor by warrant under his hand and seal after obtaining recommendation of a Selection Committee consisting of, -
(a) the Chief Minister - Chairperson;
(b) the Chairperson of the Lokayukta, Sikkim - Member;
(c) the Speaker of the Legislative Assembly - Member;
(d) the Leader of Opposition in the Legislative Assembly. If there is no leader of the opposition, then the senior most Member of the Legislative Assembly by age - Member;
(e) an eminent person from the State as may be nominated by the Governor - Member",
4. In the said Act, for the existing section 5, the following shall be substituted, namely;- "5. (1) The Chairperson and every Member shall, hold office as such for a term of five years from the date on which he enters upon his office.
(2) The term of the Chairperson and Member may be extended for a further period not exceeding five years.
(3) The Chairperson or Member may,-
(a) by writing under his hand addressed to the Governor resign his office, or
(b) be removed from his office in the manner provided in section 30," 5, In the said Act, after sub-section (2) of section 10, the following new sub-section shall be inserted, namely;- "(3) The Inspector of the Inquiry Wing may at the instance of the Lokayukta function as the Investigating Officer in relation to any Investigation by the Lokayukta itself and for the said purpose, he shall have the powers of a Police Officer-in- Charge of a Police Station under the Code of Criminal Procedure, 1973, other than arrest."
6. In the said Act, in sub-section (2) of section 11, the following words shall be omitted, namely;- "as per sub-section (6) of section 14,."
2 Amendment of section 14 7, In the said Act, in section 14,-
(i) for the existing sub-section (1) and the entries relating thereto, the following shall be substituted, namely:- "(1) The Loi<ayukta, on receipt of a complaint, if it decides to proceed further, may undertake:-
(a) preliminary inquiry against any public servant by itself or its inquiry wing or order any agency to ascertain whether there exists a prima facie case for proceeding in the matter; or
(b) investigation by itself or order any agency or authority empowered under any law to investigate, where there exists a prima facie case:
Provided that any investigation under this clause shall be undertaken or ordered only if in the opinion of the Lokayukta there is substantial material relating to the existence of a prima facie case or any earlier statutory investigation or inquiry regarding the same complaint reveals that a prima facie case exists:
Provided further that before undertakinp or ordering an investigation under this clause, the Lokayukta may call for the explanation of the public servant, so as to determine whether there exists a prima facie case for investigation.";
(ii) in sub-section (2), the words "and competent authority" wherever they occur, shall be omitted;
(iii) in sub-section (3),-
(a) the words "make recommendations to" shall be omitted;
(b) in clause (a), after the word "investigation", the words "by itself or" shall be inserted;
(iv) for the existing SUb-section (4), the following shall be substituted, namely;- "(4). During the pendency of proceedings before the Lokayukta, the promotion and other service benefits of a public servant mentioned in clauses (e) to (h) of SUb-section (1) of section 13 shall be dealt with as per the provisions of law applicable to such cases,";
(v) in SUb-section (6), for the words "it shall", the words "it may do so itself or" shall be substituted;
(vi) for the existing SUb-section (8), the following shall be substituted, namely;- "(8) The Lokayukta shall on the conclusion of the Investigation consider the entire material and finalise its report and based on its conclusions decide as to,
(a) filing of charge-sheet or closure report before the Special Court against the public servant, or 3 Amendment of section 19 Amendment of section 21
(b) initiating departmental proceedings or any other appropriate action against the concerned public servant by the competent authority;
(vii) in sub-section (9), the words "in respect of cases investigated by any investigating agency (including any special agency)" shall be omitted.
8. In the said Act, after SUb-section (2) of section 19, the following new proviso shall be inserted, namely;- "Provided that nothing contained in this section shall prevent the Lokayukta from conducting preliminary inquiry or investigation by itself and while doing so, may take the assistance of the Inquiry Wing of the Lokayukta or any other agency,"
9. In the said Act, in SUb-section (1) of section 21, after the words "preliminary Inquiry", the words "the Lokayukta and" shall be inserted, I,(,C, Barphungpa (SSJS) L,R-cum-Secretary Law Department S.G.P.G. - 372/ Com. 2IGazelle 1100 Nos.! Ot:- 23.07.2018 ..••.
SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Saturday 29th September, 2018 No. "538 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK No. 25/LD/18 Date: 29.09.2018 NOTIFICATION The following Act passed by the Sikkim Le'gislative Assembly and having received assent of the Governor on 241h day of September, 2018 is hereby published for general information:- THE SIKKIM LOKAYUKTA (AMENDMENT) ACT, 2018 (ACT NO. 25 OF 201 B) AN ACT further to amend the Sikkim Lokayukta Act, 2014.
BE it enacted by the Legislature of Sikkim in the Sixty-ninth Year of the Republic of India, as follows:- Short title, extent and
1. (1) This Act may be called the Sikkim Lokayukta (Amendment) Act,
2018.
commencement Amendment of 2.
Section 9
(2) It shall extend to the whole of Sikkim.
(3) (a) The amendment of Section 9 and 18 shall be deemed to have come into force on the 27th day of February, 2014.
(b) The amendment of the Act by way of insertion of new Section 37 A and the amendment of Section 45 shall come into force at once.
In the Sikkim Lokayukta Act, '2014, (hereinafter referred to as the said Act), in Section 9 for the existing sub-section (5), the following subsection shall be substituted, namely;- "(5) The Chairperson, Lokayukta, Sikkim may make such other appointment in the Lokayukta for such purpose and with such designation as may be deemed necessary."
.- Amendment of Section 18 Insertion of new 4.
Section 37A Amendment of 5.
Section 45
3. In the said Act, in Section 18, after the word and letter "clause (c)" and before the words and figures "of sub-section (1) of Section 13"!
the words and letter "or clause (e)" shall be inserted.
In the said Act, after Section 37, the following new Section 37A shall be inserted, namely;- "37A Intentional Insult or interruption to, or bringing into disrepute, Lokayukta.-
(1) Whoever offers any insult, or causes any interruption to Lokayukta or causes wilful disobedience to any direction of Lokayukta while the Lokayukta is conducting any investigation, preliminary inquiry under this Act shall be punished with simple imprisonment for term which may extend to six months, or with a fine of not less than rupees five hundred but not more than rupees one thousand or with both.
(2) Whoever, by words spoken or intended to be read, makes or publishes any statement or does any other act which is calculated to bring the Lokayukta into disrepute, shall, be punished with simple imprisonment for a term which may extend to six months, or with a fine of not less than rupees five hundred but not more than rupees one thousand or with both.
(3) No Court shall take cognizance of an offence under sub-section
(1) or sub-section (2), except by a Court of competent jurisdiction and unless the complaint is made by the Public Prosecutor of the Lokayukta or by an officer authorized by the Lokayukta.
In the said Act, after Section 45, the following proviso shall be inserted, namely;-
Provided that cases which were instituted or registered prior to the commencement of this Act involving ingredients of the Prevention of Corruption Act, 1988 and the investigation in respect of those cases are still pending, the Lokayukta may order for conducting and continuing the investigation under its supervision.
K.C. Barphungpa (SSJS) L.R-cu m-Secretary Law Department S.G.P.G. - 538/ Com, 6lGazet1e /100 Nos.! Dt:- 29.09.2018.
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM LOKAYUKTA ACT, 2014 (ACT NO. 6 OF 2014) AMENDED AND UPDATED UPTO SEPTEMBER, 20178