(1) In the event of occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Governor may, by notification, authorise the senior-most Member to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Member available, as the Governor may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
Secretary, other officers and staff of Lokayukta.
10.(1) There shall be a Secretary to the Lokayukta in the rank of Principal Secretary of higher judicial service, who shall be appointed by the Chairperson with the consent of Sate Government from a panel of names sent by the High Court.
(2) There shall be a Director of Inquiry and a Director of Prosecution not below the rank of the Secretary to the State Government or equivalent, who shall be appointed by the Chairperson from a panel of names sent by the State Government.
(3) The appointment of officers and other staff of the Lokayukta shall be made by the Chairperson or such Member or officer of Lokayukta as the Chairperson may direct:
Provided that the Governor may by rule require that the 58 appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the State Public Service Commission.
(4) Subject to the provisions of any law made by Legislative Assembly, the conditions of service of secretary and other officers and staff of the Lokayukta shall be such as may be specified by regulations made by the Lokayukta for the purpose:
Provided that the regulations made under this sub-section shall, so far as they relate to salaries, allowances leave or pensions, require the approval of the Governor.
Inquiry Wing.
CHAPTER III INQUIRY WING
11.(1) Notwithstanding anything contained in any law for the time being in force, the Lokayukta shall constitute an Inquiry Wing headed by the Director of Inquiry for the purpose of conducting preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988:
Provided that till such time the Inquiry Wing is constituted by the Lokayukta , the State Government shall make available such number of officers and other staff from its Departments, as may be required by the Lokayukta , for conducting preliminary inquiries under this Act.
(2) For the purposes of assisting the Lokayukta in conducting a preliminary inquiry under this Act, the officers of the Inquiry Wing not below the rank of the Deputy Secretary to the State Government, shall have the same powers as are conferred upon the Inquiry Wing of the Lokayukta under section 27.
PROSECUT ION WING
CHAPTER IV PROSECUTION WING
12.(1) The Lokayukta shall, by notification, constitute a Prosecution Wing headed by the Director of Prosecution for the purpose of prosecution of public servants in relation to any complaint by the Lokayukta under this Act:
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Provided that till such time the Prosecution Wing is constituted by the Lokayukta, the State Government shall make available such number of officers and other staff from its Departments, as may be required by the Lokayukta, for conducting prosecution under this Act:
(2) The Director of Prosecution shall, after having been so directed by the Lokayukta, file a case in accordance with the findings of investigation report, before the Special Court, and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988.
(3) The case 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.
Expenses of Lokayukta to be charged on Consolidate d Fund of State.
CHAPTER V EXPENSES OF LOKAYUKTA TO BE CHARGED ON CONSOLIDATED FUND OF STATE
13. 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 State and any fees or other moneys taken by the Lokayukta shall form part of that Fund.
Jurisdiction of Lokayukta to include Chief Minister, Ministers, Members of legislative Assembly, Group A, Group B, Group C and Group
CHAPTER VI JURISDICTION IN RESPECT OF INQUIRY
14.(1) Subject to the other provisions of this Act, the Lokayukta shall inquire or cause an inquiry to be conducted into any matter involved in, 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:
Provided that the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against the Chief Minister,—
(i) unless a full bench of the Lokayukta consisting of its Chairperson 60 D officers and officials of State Governmen t and all Members considers the initiation of inquiry and at least four member approves of such inquiry:
Provided further that any such inquiry shall be conducted in camera and if the Lokayukta comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry shall not be published or shall not available to anyone;
(b) any person who is or has been a Minister of the State;
(c) any person who is or has been a Member of Legislative Assembly;
(d) any Group 'A' or Group 'B' officer or equivalent or Higher Officer, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served, in connection with the affairs of the State;
(e) any Group 'C' or Group 'D' Official or equivalent officials from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served in connection with the affairs of the State subject to the provision of sub-section (1) of section 20;
(f) such any person who is or has been a chairperson or member or officer or employee in any body or Board or corporation or authority or company or society or trust or autonomous body (whether by whatever name called) established by an Act by the legislative Assembly or wholly or partly financed by the State Government or controlled by it:
(g) any person who is or has been a director, manager, secretary or other officer 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 State Government and the annual income of which exceeds such amount as the State Government may, by notification, specify;
(h) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust 61 (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 State 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 State Government may, by notification, specify.
Explanation.—For the purpose of clauses (e) and (f), it is hereby clarified that any entity or institution, by whatever name called, corporate, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in those clauses:
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.
(2) Notwithstanding anything contained in sub-section (1), the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any Member of either Legislative Assembly in respect of anything said or a vote given by him in Legislative Assembly or any committee thereof covered under the provisions contained in clause (2) of Article 194 of the Constitution.
(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 abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 against a person referred to in sub-section (1):
(4) No matter in respect of which a complaint has been made to the Lokayukta under this Act, shall be referred for inquiry under the 62 Commissions of Inquiry Act, 1952.
Explanation.— For the removal of doubts, it is hereby declared that a complaint under this Act shall only relate to a period during which the public servant was holding or serving in that capacity.
Matters pending before any court or committee or authority for inquiry before Lokayukta not to be affected
15. In case any matter or proceeding related to allegation of corruption under the Prevention of Corruption Act, 1988 has been pending before any court or committee of either Legislative Assembly or before any other authority prior to commencement of this Act or prior to commencement of any inquiry after the commencement of this Act, such matter or proceeding shall be continued before such court, committee or authority.
Constitutio n of benches of Lokayukta