(1) If, after investigation of any allegation in respect of any action under this Act, the Lokayukta or Upa-Lokayukta is satisfied that such allegation is substantiated either, wholly or partly, he shall by a report in writing, communicate his findings and recommendations along with the relevant documents, materials or other evidence to the competent authority.
(2) The competent authority shall examine the report forwarded to it under sub-section (1) and without any further inquiry, take action on the basis of the recommendation and intimate within three months of the date of receipt of the report, the Lokayukta or, as the case may be, the Upa- Lokayukta the action taken or proposed to be taken on the basis of the report.
(3) Where, in a report forwarded by the Lokayukta or Upa-Lokayukta, any recommendation imposing the penalty of removal from the office of the public servant falling within sub-clause (iv) or sub-clause (v) of clause (k) of section 2 has been made, it shall be lawful for the Government without any further inquiry to take action on the basis of the Reports of Lokayukta and Upa-Lokayukta.
[Act No.11 of 1983] 19 said recommendation for the removal of such public servant from his office and for making him ineligible for being elected to any office specified by the Government in this behalf, notwithstanding anything contained in any law for the time being in force.
(4) If the Lokayukta or Upa-Lokayukta is satisfied with the action taken or proposed to be taken on his findings and recommendations referred to in sub-section (1), he shall close the case under intimation to the complainant, the public servant and the competent authority concerned; but where he is not so satisfied and if he considers that the case so deserves, he may make a special report upon the case to the Governor and also inform the complainant.
(5) The Lokayukta and the Upa-Lokayukta shall present annually a consolidated report on the work done under this Act to the Governor.
(6) On receipt of the special report under sub-section
(4) or the annual report under sub-section (5), the Governor shall cause a copy thereof together with and explanatory memorandum to be laid before each House of the State Legislature.
(7) Subject to the provisions of sub-section (2) of section 10, the Lokayukta may, at his discretion make available, from time to time, the substance of cases closed or otherwise disposed of by him or by the Upa-Lokayukta, which may appear to him to be of a general, public, academic or professional interest, in such manner and to such persons as he may deem appropriate.
13. Notwithstanding anything in section 10 or any other provisions of this Act, whoever wilfully or maliciously makes any false complaint under this Act, shall, on conviction, be Prosecution for false complaints.
20 [Act No.11 of 1983] punished with imprisonment for a term which may extend to one year and shall also be liable to fine.
(2) No Court, except a court of the judicial magistrate of the first class shall take cognizance of the offence under sub-section (1).
(3) No such Court shall take cognizance of any such offence except on a complaint made by a person against whom false complaint was made, and after obtaining the previous sanction of the Lokayukta or Upa-Lokayukta, as the case may be.
(4) Such Court, on conviction of the person making false complaint, may award, out of the amount of the fine, to the complainant such amount of the compensation as it thinks fit.
37[13-A. (1) In case any complaint made is found malicious, vexatious or false, the Lokayukta or Upa-Lokayukta may impose suitable costs against the complainant and the same shall be recoverable as arrears of land revenue.
(2) The Lokayukta or Upa-Lokayukta may award costs to the complainant.]
14. The Lokayukta may appoint, or authorise Upa- Lokayukta or any officer subordinate to the Lokayukta or Upa-Lokayukta to appoint, officers and other employees to assist the Lokayukta and the Upa-Lokayuktas in the discharge of their functions under this Act.
(2) The categories of officers and employees who may be appointed under sub-section (1), their salaries, allowances and other conditions of service and the
37. Section 13-A inserted with marginal heading by Act No.11 of 2011.
Staff of Lokayukta and Upa- Lokayukta.
Imposition of costs.
[Act No.11 of 1983] 21 administrative powers of the Lokayukta and Upa-Lokayuktas shall be such as may be prescribed, after consultation with the Lokayukta.
(3) Without prejudice to the provisions of sub-section
(1), the Lokayukta or Upa-Lokayukta may, for the purpose of conducting investigations under this Act, utilise in such manner as may be prescribed the services of,-
(i) any officer or investigation agency of the State Government or the Central Government with the concurrence of that Government; or
(ii) any other person or agency.