(1) Subject to the approval of the Governor the Lokayukta may appoint, or authorise an 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-Lokayukta in the discharge of their functions under this Act.
(2) Without prejudice to the provislimis 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,—
(a) any officer or investigating agency of the State Government with the concurrence of that Government;
(b) any other person or agency.
Secrecy of information. 16. (1) Any information obtained by the Lokayukta or Upa-Lokayukta or any of his officers or other employees in the course of, or for the purposes of, any preliminary enquiry under this Act, and any evidence recorded or collected in connection with such information, shall, subject to the provisions of clause (a) of sub-section (2) of section 10, be treated as confidential; and notwithstanding anything contained in the Indian Evidence Act, 1872, no,court shall have jurisdiction to compel the Lokayukta or Upa-Lokayukta or any public servant to give evidence relating to such information or to produce the evidence so recorded or collected.
(2) Nothing in sub-section (1) shall apply to the disclosure of any information or particulars—
(a) for the purposes of any investigation or any report to be made, o such investigation or any action or proceedings to be taken on suc report; or
(b) for the purposes of any proceedings for any offence under the Official 19 of 1923.
Secrets Act, 1923, or any offence of giving false evidence or fabricating false evidence under the Indian Penal Code, 1860, or any trial of an 45 of 1860.
offence under section 14, or any proceedings under section 17, of this Act; or
(c) for such other purposes as may be prescribed.
(3) Such officer or authority as may be prescribed in this behalf, may give notice in writing to the Lokayukta or Upa-Lokayukta, as the case may be, with respect to any document or information specified in the notice. or any class or category of documents so specified, that in the opinion of the State Government, the disclosure of the document or the information or the class or category of documents would be prejudicial to the public interest; and where such a notice is given, the Lokayukta or Upa-Lokayukta may, for reasons to be recorded in writing decide as to whether the disclosure of such document or information or class or category of documents involves public interest. In case the disclosure of any document or information or class or category of documents so specified is held to involve public interest, the Lokayukta or Upa-Lokayukta, as the case may be, or any of his officers or other employees shall not communicate to any person any such document or information or class or category of documents.
1 of 1872.
8 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 21, 2004 IVART 111 The West Bengal Lokayukta Act, 2003.
(Sections 17-20.)
Intentional insult or interruption to, or bringing into disrepute, Lokayukta or Upa-Lokayukta.
44.
Protection of action taken in good faith.
Conditions of appointment of Lokayukta and Upa-Lokayukta.