(1) For the purpose of conducting investigations and inquiries in accordanc with the provisions of this Act, the Governor shall. by warrant under his hand and seal, appoint a person to be known as the Lokayukta.
Provided that-- the Lokayukta shall be appointed by the Governor on the advice tendered by the fhief Minister in consultation with the Speaker and the Leader of the Opposition of the Legislative Assembly of the State.
(2) A person shall not be qualified for appointment as l-ol~;ayukta unless he is a retired Judge of the High Court or is qualified to be a Judge of High Court.
(3) Notwithstanding anything contained in any other provision of this Act, a person of high integrity and eminence shall be appointed a Lokayukta if such recommendation is made by the Chief Minister in consultation with the Speaker and the Leader of the Opposition of the State Legislative Assembly. '
(4) (a) Temporary or casual vacancy in the office of the Lokavukta shall be titled up in accordance with prescribed rules for a periodhot exceeding six months.
(in) If the Lokayukta is unable to perform his duties for six months or more, the Governor may declare the office vacant‘;
Provided that the*Governor shall hear such Lokayukta before declaring such office as vacant.
(c) A vacancy occurring in the office of the Lokayukta by reason of his death, resignation, retirement or removal shall be filled up as soon as ‘ possible, but not later than three months from the date of occurrence of such vacancy.
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4. The Lokayukta shall not be a Member of Parliament or a Member of the Offics Legislature of any State, or hold any office of profit, other than his office as the Lokayukta or be connected with any political party, or oarryon any business or practice any profession, and, accordingly, a person appointed as the Lokayukta shall, before he enters upon his office,
(a) if he is a Member of Parliament or of the Legislature of any State, resign such membership;
(h) if he holds any office of profit, resign such office;
(cl) if he is connected with any political party, sever his connection with it;
(cl) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business;
or - .
{e} ii’ he is practising any profession, suspend practice of such profession till his tenure to that post. ” ' 4 I1______. _._’i*i‘..:;_......-_*;ei,.>>- _T_;¢--i-_ _:_.?___ fr , i I 1 r Term ofnffice of 5. (1') Every person appointed as the Lokayukta shall hold office for a period of three Lolzayultta years from the date he assumes his office:
Removal of Lokayukta Matters which may be investigated by Lokayukta Matters not subject to investigation by Lokayukta.
and limitation thereof 7
8.
Provided that-
(a) the Lokayukta may, in writing under his hand addressed to the Govemor, resign his office;
(b) the Lokayukta may be removed from office in the manner provided in section 6. -"
(2) The Lokayukta shall before he enters upon his office, make and subscribe before the Governor. or some other person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Schedule to this Act.
(3) On ceasing to hold ojfice. the Lokayukta shall be ineligible for further appointment as the Lokayukta or for any employment under the State Government or under the local authority, University, statutory body or corporation, society, cooperative society, Government Company, or other body or corporation constituted by or under any State law. .
(1) The Lokayukta shall not be removed from his office except by an order of the Governor, passed after an address by the Legislative Assembly of the State supported by a majority of the total membership of the ‘House and by a majority of not less than two-thirds of the members of that House present and voting, has been presented to the Governor in the same session for such removal on the ground of proved misconduct including corrupt practice or incapacity. '
(2) The procedure for the presentation of an address and for the investigation and proof of the misconduct including corrupt practice or incapacity of the Lokayukta under sub-section (1) shall be as provided in the Judges (Inquiry) Act, I968, in relation to the removal of a Judge and, accordingly, the provisions of that Act shall apply, muratis murandis, in relation to the removal of the Lokayukta as they ap-p'ly in relation to the removal of a Judge.
Every investigation on any complaint alleging corrupt practices against -the public functionaries under this Act shall be initiated by the Lokayukta with the prior approval of the competent authority.
(1) The Lokayukta shall not investigate any complaint alleging corrupt practices against any public functionary in respect of which a fomtal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850.
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(2) The Lokayukta shall not investigate any complaint alleging corrupt practices against any public functionary, if such complaint is made after the expiry of one year tiorn the date on which the action complained of is alleged to have taken place: ~ ' _ ._-..._. r 5 I. _ ...-_ _ _ _ Bar of investigation against Govt.
servant Provision relating to complaints Procedure in respect of investigation 0 1 9 1
Provided that the Lokayukta may. on being satisfied on the facts and circumstances of the ease that the delay has been properly explained or that it is necessary so to do in the interest ofjustice, condone the delay and investigate the complaint.
(3) The Lokayukta shall not, except on a reference by a Court of law. investigate any matter which is under adjudication by such Court of law.
. Notwithstanding anything contained in any of the provisions of this Act. the Lokayukta shall not investigate any complaint against a Government servant.
0. (l) Subject to the provisions of this Act, complaint may be made by any person to the Lokayukta in respect of any action:
Provided that death of the complainant shall not debar. if the Lokayukta who is in seisin of the matter so desires. to proceed with the investigation with such help as he considers necessary.
(2) Every complaint shall be made in such form and shall be accompanied by such affidavits as may be prescribed.
ll. (l) Where the Lokayukta is satisfied on preliminary enquiry that the complaint needs investigation heta) shall forward a copy of tli‘e_**eo_mplaint, a statement setting out the grounds of such investigation, to the; public functionary concerned and the competent authority concerned for information:
(b) shall give the public functionary concerned an opportunity to offer his comments on such complaint or statement; and
(c) may make such order as to the safe custody of documents relevant to the investigation as he deems fit.
(2) (a) Every preliminary enquiry referred to in sub-section (I) shall be made in private and, in particular, the identity of the complainant and of the public functionary affected by such preliminary enquiry shall not be made public.
whether before or during such preliminary enquiry. but the result of every investigation made under subsection (l) shall be made public. V
(b) Every such investigation shall be completed as early as possible but in no case the period of such investigation shall exceed one year.
(3) (a) Save as otherwise provided in the foregoing provisions of this section, the procedure for making any investigation shall be A such as the Lokayukta considers appropriate in the circumstances of each case. but regard shall always be given to the principles of natural justice.
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(b) For the purpose of investigation under this Act, the Lokayukta may, with the concurrence of the State Government, utilize the services of any officer or investigating agency including the Police of that Government and such officer or investigating agency including the Police shall do all such act or deed. which shall be essential for such investigation.
(4) The Lokayukta may. in his discretion. refuse to investigate, or discontinue the investigation of. any complaint involving any allegation if, in his opinion,
(a) the complaint is frivolous or vexatious or is not made in good faith; or
(b) there are no sufficient grounds for investigation or, as the case may be. for continuing the investigation; or
(c) other remedies are available to the complainant and, in the circumstances of the case, it would be more proper for the complainant to avail of such remedies.
(5) In any case where the Lokayukta decides not to entertain a complaint or decides to discontinue any investigation in respect of the complaint. he shall record his reasons therefor and communicate the same to the complainant, the public functionary and the competent authority.
E"ld°"°e 12. (l) Subject to other provisions of this section, for the purposes of any investigation (including preliminary enquiry, if any, before such investigation) under this Act, the Lokayukta may require any public servant or any other person, who, in his opinion, is able to furnish information or produce documents, relevant to the investigation, to furnish such information or produce such document.
(2) For the purposes of any such investigation (including the preliminary enquiry), the Lokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, I908, in respect of the followingimatters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath:
(b) requiring the discovery and production ofany document;
(0) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) such other matters as may be prescribed.
(3) Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning of section I93 of the Indian Penal Code, I860.
(4) No person shall be required or authorized, by virtue of this Act, to furnish such class or category of information, answer or question, or produce so much of such class or category of document,- 7 - Reports of Lokavukta Annual Reports of Lokayukta I4 Prosecution tor 15, false complaint
(a) as might prejudice the security or defence or international relations of India (including the relations of India with the Government of any other country or with any international organization). or
(b) as might involve the disclosure of proceedings of the Council of Ministers of the State Government or any Committee of that Council ofMinisters, and
(c) to give any evidence or produce any document which he could not be compelled to give or produce in any proceedings before a Court.
(5) For the purpose of sub-section (4), a certificate issued by the Chief Secretary to the Government of Tripura, certifying that any information or answer or any portion of a document is of the class or category specified in clause (a) or clause (b), shall be conclusive and binding.
13. (I) If, after investigation of any complaint in respect of any action under this Act. the Lokayukta is satisfied that such complaint is substantiated. either wholly or partly, he shall send to the competent authority a ‘report in writing. recording therein his findings and recommendations along with the relevant documents, materials or other evidence.
(2) The competent authority shall. on receipt of the report under sub-section (I).
examine the said report, take appropriate action and inform the Lokayukta.
(I) The Lokayukta shall present annually a consolidated report on the work done under this Act to the State Government.
(2) On receipt of annual report under sub-section (I). the State Government shall cause a copy thereof to be laid before the State Legislature along with a memorandum of action taken on the recommendations of the Lokayukta and the reasons for non—acceptance of the recommendations, if any.
(I) Notwithstanding anything contained in section ll or elsewhere in this Act, whoever wilfully or maliciously makes any false complaint under this Act, shall.
on conviction, be punished with imprisonment for a term which may extend to one year but shall not be less than three months and shall also be liable to tine which may extend to Rs.5,000/- (five thousand).
(2) N0 court, except the court of a Judicial Magistrate of the first class, shall take cognizance of an offence under sub-section (I).
(3) No such court shall take cognizance of any such offence unless the complaint is made with the previous sanction of the Lokayukta. by the person against whom the false complaint was made.
(4) Any such court may. on conviction of a person making the false complaint, award to the opposite party. such amount of compensation out of the amount of fine, as it thinl~'.s fit. .
gmmq» 16. (1) The Lokayukta may appoint such officers and other employees. as may be Lokayukta prescribed by the State Government. to assist the Lokayukta in discharging his functions under this Act. 8 .
Secrecy _ot 1 nlormation
(2) Without prejudice to the provisions of sub-section (l). the Lokayukta may. for the purpose of conducting investigations under this Act, utilize. in such manner as may be prescribed. the services of, -
(a) any officer or investigating agency of the State Government with the concurrence of that Government;
(b) any other person or agency.