(1) Notwithstanding anything contained in section 10 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 fine.
(2) No court, except the court of a Judicial Magistrate of the first class, shall take cognizance of an offence under sub-section (1).
(3) No such court shall take cognizance of any such offence unless the complaint is made with the previous sanction of the Lokayukta or Upa-Lokayukta, as the case may be, by the person against whom the false complaint was made.
(h) requiring the discovery and production of any document;
(c) 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 or Upa-Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code,
1860.
45 of 1860.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 7 Staff of Lokayukta and Upa-Lokayukta.
The West Bengal Lokayukta Act, 2003.
(Sections 15, 16.)
(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 thinks fit.