(1) Where the Lokayukta or Upa-Lokayukta, is satisfied on preliminary enquiry that the complaint needs investigation he—
(a) shall forward a copy of the complaint, 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 he6deems fit.
(2) (a) Every preliminary enquirrreferred to in sub-section (1) 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 (1) shall be made public...
(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 such as the Lokayukta or, as the case may be, the Upa-Lokayukta considers appropriate in the circumstances of each case, but regard shall always be given to the principles of natural justice.
(b) The Lokayukta or Upa-Lokayukta, as the case- may be, may give direction to any officer or investigating agency, including the police, under the State Government to assist him in the conduct of any investigation under this Act, and such officer or investigating agency or the police, as the case may be, shall promptly comply with such direction.
(4) The Lokayukta or Upa-Lokayukta may, in his discretion, refuse to investigate, or discontinue the investigation of, any complaint involving any allegation if, in his opinion,— 41!
(a) the complaint is frivolous or vexatious or is not made in good faith;
(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 or Upa-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 and the public functionary concerned.
r Evidence. 11. (1) 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 or Upa-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 or Upa-Lokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, 5 of 1908.
namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
e.
6 THE KOLKATA GAZETTE, 'EXTRAORDINARY, MAY 21, 2004 [PART III The West Bengal Lokayukta Act, 2003.
Repqr,ts of Lokayukta and Upa-Lokayukta.
Annual Reports of Lokayukta and Upa-Lokayukta.
Prosecution for false complaint.
(Sections 12-14.)
4"11*"4174
(4) No person shall be required or atItt(Aised, by virtue of this Act, to furnish such class or category of information,,anSwpr or question, or produce so much of such class or category of document,— '1,0V' •
(a) as might prejudice the security orkletence or international relations of India (including the relations of India with the Government of any other country or with any international organisation), or
(b) as might involve the disclosure of proceedings of the Council of Ministers of the State Government or any Committee of that Council of Ministers, and
(c) to give any evidence or produce any document which he could not be compelled to give or produce in any prof eedings before a Court.
(5) For the purpose of sub-section (4), a certificate issued by the Chief Secretary to the Government of West Bengal, 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.