MEGHALAYA LOKAYUKTA ACT, 2012 THE MEGHALAYA LOKAYUKTA ACT, 2012 [Act No. 06 of 2013] [14th August, 2013] An Act to provide for the establishment of a
body of Lokayukta for the State of Meghalaya to inquire into allegations of
corruption against certain public functionaries and for matters connected
therewith or incidental thereto. Be it
enacted by the Legislature of the State of Meghalaya in the Sixty-third Year of
the Republic of India as follows:- (1)
This Act may be called the Meghalaya
Lokayukta Act, 2012. (2)
It extends to the whole State of Meghalaya
and applies also to the public servants posted outside Meghalaya in connection
with the affairs of the State. (3)
It shall come into force on such date as the
State Government may, by notification in the Official Gazette, appoint. In
this Act, unless the context otherwise requires:- (a)
"Act" means the Meghalaya Lokayukta
Act, 2012; (b)
"Act of corruption" means and
includes :- (i)
anything made punishable under the Prevention
of Corruption Act, 1988 which would also include any offence committed by an
elected member of Meghalaya Legislative Assembly subject to Article 194 of the
Constitution of India; (ii)
wilfully giving any undue benefit by a public
servant to any person or obtaining any undue benefit by a public servant from
any person in violation of any law or rules; (c)
"allegation" in relation to a
public servant, means any affirmation that such public servant- (i)
has abused his position as such to obtain any
gain or favour to himself or to any person or to cause undue harm or hardship
to any other person; (ii)
was actuated in the discharge of his
functions as such public servant by personal interest or improper or corrupt
motive; or (iii) is guilty of corruption, or lack of integrity in his
capacity as such public servant; (d)
?"competent authority" in relation to
public servant means ? (i)
in case of Chief Minister or Minister or
Parliamentary Secretary or Member of Legislative Assembly of Meghalaya-the
Governor of Meghalaya; and (ii)
in the case of any other public servant-such
Appointing Authority; (e)
"Complaint" means any allegation
made in writing to the Lokayukta or to any Member about corruption; (f)
"Government" means Government of
Meghalaya.; (g)
"Government servant" means a public
servant, who is serving in connection with the affairs of the State of
Meghalaya and includes any such person whose services are temporarily placed at
the disposal of the Government of India, the Government of another State, a
local authority or anybody whether incorporated or not, and also any person in
the service of the Central or another State Government or a local or other
authority whose services are temporarily placed at the disposal of the
Government of Meghalaya; (h)
"Lokayukta" means a person
appointed under section 3 and includes the Members appointed under this Act; (i)
"Minister" means a member of the
Council of Ministers, by whatever name called, for the State of Meghalaya, that
is to say the Chief Minister, Deputy Chief Minister, a Minister, a Minister of
State or a Deputy Minister; (j)
"Officer" means a person appointed
to a public service or post in connection with the affairs of the State of
Meghalaya; (k)
"Public Authority" means any
authority or body or institution of self-governance established or constituted ? (i)
by or under the Constitution; or (ii)
by or under any other law made by the State
Legislature; or (iii) by notification issued or order made by the Government,
and includes anybody owned, controlled or substantially financed by the
Government; (l)
"public servant" denotes a person
falling under any of the following descriptions and includes, subject to the
provisions of sub-section (4) of section 11, a person who at any time in the
post fell under any of the following descriptions, namely,- (i)
every Minister referred to in clause (i); (ii)
Speaker and Deputy Speaker with exception to
clause (e) of section 30; (iii) every Parliamentary Secretary; (iv)
every member of the Legislative Assembly of
the State of Meghalaya not being Minister referred to in clause (i); (v)
every officer referred to in clause (j); (vi)
Chairman/Vice Chairman/and Ward Commissioners
of Municipal Board or Town Committee and their employees; (vii) Chief Executive Member, the Executive Members, the
Chairman and the Members of the Autonomous District Councils established under
the Sixth Schedule to the Constitution of India and their employees; (viii) Chairman/Vice-Chairman/Members of every
Board/Commission/Corporation/Government Company by whatever name called
established by the Government of Meghalaya and includes their employees; (ix)
Any society registered under the Meghalaya
Societies Registration Act, 1983, or any law relating to Cooperative Societies
for the time being in force, owned or controlled by the State Government and
which is notified by the Government in this behalf in the Official Gazette; (m)
"Public Prosecutor" means a person
appointed by the Government under section 24 of the Cr.P.C. 1973 or persons
appointed under section 23 of this Act; (n)
"Secretary" means Chief Secretary,
Additional Chief Secretary, Principal Secretary, Commissioner and Secretary,
Secretary to the Government of Meghalaya and includes Additional Secretary,
Joint Secretary, Deputy Secretary, Under Secretary and also an Officer on
Special Duty and such other officers to the Government of Meghalaya; and (o)
"State" means the State of
Meghalaya. (1)
As soon as after the commencement of this
Act, the Governor may, on the recommendation of the Selection Committee, by
warrant under his hand and seal appoint a person to be known as a Lokayukta and
such Members not exceeding two for the purpose of conducting investigations in
accordance with the provisions of this Act. (2)
The Lokayukta shall be a person who is or has
been a Judge of the Supreme Court or a High Court or who has or been an officer
of the rank of Secretary to the Government of India or Chief Secretary of the
State. (3)
Every person appointed as Lokayukta shall
before entering upon his office, make and subscribe before the Governor an oath
or affirmation in the form set out for this purpose in the Schedule. (4)
The Member of the Lokayukta shall be a person
who is or has been a District and Sessions Judge or who is or has been a
Secretary to the Government of Meghalaya: Provided
that either one of the person appointed under sub-section (2) and sub-section
(4) shall be from the legal background. (5)
Every Member of the Lokayukta shall, before
entering upon his office, make and subscribe before the Governor an oath or
affirmation in the form set out for this purpose in the Schedule. (6)
The Lokayukta may constitute one or more
benches for the purpose of this Act. (7)
The headquarter of Lokayukta shall be at
Shillong and nothing in this sub-section shall prevent the Lokayukta to sit
circuit Benches in any part of the State of Meghalaya for the purpose of this
Act. (8)
All decisions of the Lokayukta shall be made
by a majority and in case of tie the Lokayukta shall have a casting vote. (9)
No person shall be eligible to be appointed
as Lokayukta or Member under this Act, who is or has been ? (i)
a member of Parliament or a member of the
State Legislature; (ii)
a person convicted of any offence involving
moral turpitude; (iii) a person of less than forty-five years of age; (iv)
a member of District Council or Municipality; (v)
a person who has been removed or dismissed
from service. (10)
Any person upon his entering the office of
Lokayukta or Member shall relinquish any office of trust or profit or any
business or profession held by him. On
ceasing to hold office- (a)
the Lokayukta shall be ineligible for further
employment under the Government of Meghalaya or for any employment under any
office, under any local authority, corporation, company or society established
by the Government of Meghalaya except for re-nomination as such Lokayukta. (b)
a Member of Lokayukta shall be ineligible for
further employment under the Government of Meghalaya or for any employment
under any office, under any local authority, corporation, company or society
established by the Government of Meghalaya, except for re-nomination as Member. (1)
Every person appointed as Lokayukta or Member
shall hold office for a term of three years from the date on which he enters
upon his office or until he attains the age of seventy years whichever is
earlier. (2)
Every Lokayukta and Member may be
re-nominated for another term of three years provided he has not attained the
age of seventy years as referred to in sub-section (1). (3)
Lokayukta or Member may by writing under his
hand addressed to the Governor resign from his office. (4)
If the office of Lokayukta becomes vacant or
where he is unable to perform the duties of his office, the Senior Member shall
perform the duties of Lokayukta as the Governor may by order direct. (5)
Where the office of a Member becomes vacant
or where he is unable to perform the duties of his office, the other Member or
the Lokayukta shall perform the duties as the Governor may by order direct. (1)
The Lokayukta and Member of Lokayukta shall
be entitled to such pay, allowances, pension and other conditions of service as
may be prescribed. (2)
All expenditures relating to pay and
allowances and other conditions of service of Lokayukta and Members shall be
charged to the Consolidated Fund of the State. No
Lokayukta or Member shall be removed from office except by process of
impeachment through a resolution supported by majority of the total Membership
of the House of the Legislative Assembly of Meghalaya: Provided
that no such resolution shall be moved except on grounds of misbehaviour or
incapacity to perform his duties. (1)
A Selection Committee shall, for the purpose
of appointment of Lokayukta and such other Members referred to in Section 3, be
constituted consisting of the following Members:- (i)
Chief Minister - Chairman; (ii)
Chief Justice or a Judge nominated by the
Chief Justice of concerned High Court - Member; (iii) Speaker of Meghalaya Legislative Assembly - Member; (iv)
Leader of Opposition of Meghalaya Legislative
Assembly - Member; and (v)
Retired Lokayukta or Retired Member of
Lokayukta - Member. (2)
A Selection Committee shall, on such terms
and conditions, appoint a Search Committee, consisting of five Members in all
to be decided by it, for the purpose of finding out qualified and suitable persons
for appointment as Lokayukta and Member of Lokayukta. (3)
A Selection Committee or the Search
Committee, as the case may be, may adopt their own working procedure in
discharging their functions under this Act. (4)
A Search Committee shall submit the names of
suitable persons for appointment as Lokayukta or such other Member as the case
may be, within a period of two months from the date of reference, to the
Selection Committee. (5)
A Selection Committee on receipt of the
report of the Search Committee shall convene a meeting for finalising the names
within a period of one month from the date of receipt of the report from the
Search Committee and thereafter, the names shall be submitted to the Governor
for approval and appointment. The
Lokayukta and Member shall have the following powers and functions, namely,- (a)
to receive complaint and investigate under
this Act; (b)
to exercise superintendence over the
investigation of offences involving any act of corruption as registered; (c)
to order search and seizure as provided under
Cr.P.C., 1973; (d)
may recommend cancellation or modification of
a lease, licence, permission, contract or agreement obtained by corrupt means
and also recommend black listing of a firm, company, contractor, or any other
person involved in the act of corruption: Provided
that no such recommendation shall be made unless an investigation has been
completed and found that an act of corruption has been committed. (1)
Subject to the provisions of this Act and on
a complaint involving an allegation being made in that behalf, the Lokayukta or
Member may investigate, or cause to be investigated, any action which is taken
by, or with the general or specific approval of,- (i)
any public servant; and (ii)
any other public servant being a public
servant of a class or sub-class in public servants notified by the State
Government on consultation with the Lokayukta. (2)
The Lokayukta may, by general or special
order, assign to each Member matters which may be investigated by him under
this Act: Provided
that no investigation made by a Member under this Act, and no action taken or
thing done by him in respect of such investigation shall be opened to question
on the ground only that such investigation related to a matter, which is not
assigned to him by such order. (1)
Except as hereinafter provided the Lokayukta
or a Member shall not conduct any investigation under this Act, - (a)
except on a complaint made under and in
accordance with section 12; and (b)
in the case of a complaint involving an
allegation in respect of any action if the complainant has or had any remedy by
way of proceeding before any Tribunal or Court of Law: Provided
that nothing in sub-clause (b) shall prevent the Lokayukta or a Member from
conducting an investigation if he is satisfied that such person could not or
cannot, for sufficient cause, have recourse to a remedy referred to in the
aforesaid sub-clause. (2)
The Lokayukta or a Member shall not
investigate any action, - (a)
in respect of which a formal and public
inquiry has been ordered under the Public Servants (Inquiries) Act, 1850
(Central Act 37 of 1850), by the Government of India or by the State
Government; or (b)
in respect of a matter which has been
referred for inquiry to a Commission of Inquiry under the Commissions of
Inquiry Act, 1952 (Central Act 60 of 1952), by the Government of India or by
the State Government. (3)
The Lokayukta or a Member shall not
investigate any complaint which is excluded from his jurisdiction by virtue of
a notification issued under section 22. (4)
The Lokayukta or a Member shall not
investigate any complaint involving an allegation, if the complaint is made
after the expiry of ten years from the date on which the action complained
against is alleged to have taken place: (1)
Subject to the provisions of this Act, a
complaint may be made under this Act to the Lokayukta or a Member, in the case
of an allegation, by any person other than a public servant: Provided
that, where the person aggrieved is unable to act for himself, the complaint
may be made by any person who in law represents his estate or, as the case may
be, by any person who is authorised by him in this behalf. (2)
Every complaint shall be accompanied by the
complainant's own affidavit in support thereof and the same shall be verified
before a Magistrate of First Class together with all documents in his
possession pertaining to the accusation. (3)
Every affidavit under this section as well as
all annexures thereto shall be verified in the manner laid down in the Code of
Civil Procedure, 1908 for the verification of pleadings and affidavits
respectively. (4)
Not less than three copies of the complaint
as well as each of its annexures shall be submitted by the complainant. (5)
A complaint which does not comply with any of
the foregoing provisions shall not be entertained. (6)
Notwithstanding anything contained in
sub-sections (1) to (5), or in any other enactment, any letter written to the
Lokayukta or Member by a person in police custody, or in a gaol or in any
asylum or other place for insane persons, shall be forwarded to the addressee
unopened and without delay by the police officer or other persons in charge of
such gaol, asylum or other place, and the Lokayukta or Members of Lokayukta, as
the case may be, may entertain it and treat it as a complaint, but no action in
respect of such complaint shall be taken unless it is accompanied or
subsequently supported by an affidavit under sub-sections (2), (3) and (4). (1)
Where the Lokayukta or a Member proposes
(after making such preliminary inquiry, if any, as he deems fit) to conduct any
investigation under this Act, he- (a)
shall forward a copy of the complaint to the
public servant concerned and the competent authority concerned; (b)
shall afford to the public servant concerned
an opportunity to offer his comments on such complaint; and (c)
may make such orders as to the safe custody
of documents relevant to the investigation, as he deems fit. (2)
Every proceeding of investigation under this
Act, shall be conducted in such a manner that the proceedings therein shall not
be disclosed to the public or the press whether before, during or after the
investigation which shall include the identity of the complainant and the public
servant affected: Provided
that all investigations or proceedings under this Act, as a result of any
allegation on a complaint against the Chief Minister of State of Meghalaya
shall be initiated only after the approval of full bench and all such investigations
or proceedings shall be conducted in camera. (3)
Save as aforesaid, the procedure for
conducting any such investigation shall be such as the Lokayukta or, as the
case may be, the Member considers appropriate in the circumstances of the case. (4)
The Lokayukta or a Member may, in his
discretion, refuse to investigate or cease to investigate any complaint
involving a grievance or, an 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
investigating 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 a Member
decides not to entertain a complaint or to discontinue any investigation in
respect of a complaint, he shall record his reasons thereof and reject
summarily and communicate the same to the complainant and the public servant
concerned. (6)
The conduct of an investigation under this
Act in respect of any action shall not affect such action, or any power or duty
of any public servant to take further action with respect to any matter subject
to the investigation. (1)
Subject to the procedures laid down in this
section, for the purpose of any investigation (including the preliminary
inquiry, if any, before such investigation) under this Act, the Lokayukta or a
Member may require any public servant or any other person who is in his opinion
is able to furnish information or produce documents relevant to the
investigation, to furnish such information or produce any such documents. (2)
For the purpose of any such investigation
(including the preliminary enquiry) the Lokayukta or a Member shall have all
the powers of a Civil Court while trying a suit under the Code of Civil
Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters,
namely, - (a)
summoning and enforcing the attendance of any
person and examining him on oath; (b)
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; and (f)
such other matters as may be prescribed. (3)
Any proceeding before the Lokayukta or a
Member shall be deemed to be a judicial proceeding within the meaning of
Section 193 of the Indian Penal Code (Central Act 45 of 1860). (4)
Subject to the provision of sub-section (5),
no obligation to maintain secrecy or other restriction upon the disclosure of
information obtained by or furnished to the State Government or any public
servant, whether imposed by any enactment or by any rule of law, shall apply to
the disclosure of information for the purpose of any investigation under this
Act and the State Government or any public servant shall not be entitled in
relation to any such investigation to any such privilege in respect of the
production of documents or the giving of evidence as is allowed by any
enactment or by any rule of law in legal proceedings. (5)
No person shall be required or authorised by
virtue of this Act to furnish any such information or answer any such question
or produce so much of any document- (a)
as might prejudice the security of the State
or the defence or international relations of India (including India's relations
with the Government of any other country or with any international
organisation) or the investigation of detection of crime; or (b)
as might involve the disclosure of
proceedings of the Cabinet of State Government or any Committee of that Cabinet
and for the purpose of this sub-section a certificate issued by the Chief
Secretary certifying that any information, answer or portion of a document is
of the nature specified in Clause (a) or Clause (b), shall be binding and
conclusive. (6)
Subject to the provisions of sub-section (4)
no person shall be compelled for the purpose of investigation under this Act to
give any evidence or produce any document which he could not be compelled to
give or produce in proceeding before a Court. (1)
If, after investigation of any allegation in
respect of which a complaint has been made, the Lokayukta or a Member is
satisfied that such allegation has been established, the Lokayukta or a Member
shall by a report in writing, recommend to the competent authority concerned,
if remedy or action is to be taken under the relevant service law or prosecute
as per law, if it involves criminal liability. (2)
The competent authority to whom a report is
sent under sub-section (1) shall within one month of the expiry of the time
specified in the report, intimate or cause to be intimated to the Lokayukta,
the action taken for compliance with the report. (3)
If the Lokayukta or the Member is satisfied
with the action taken on his recommendations or findings referred to in
sub-section (1) he shall close the case under information to the complainant,
the public servant and the competent authority concerned, but where he is not
so satisfied and if he considers that the case so deserves, he may make a
special report upon the case to the Governor and also inform the complainant
concerned. (4)
The Lokayukta and the Member shall present
annually a consolidated report on the performance of their functions under this
Act to the Governor. (5)
On receipt of a special report under
sub-section (3) or the annual report under sub-section (4), the Governor shall
cause a copy thereof together with an explanatory memorandum to be laid before
the State Legislature. (6)
Subject to the provisions of sub-section (2)
of Section 13, the Lokayukta may at his discretion make available, from time to
time, the substance of cases closed or otherwise disposed of by him or by a
Member, which may appear to him to be of general, public, academic or
professional interest in such manner and to such persons as he may deem
appropriate. (1)
Notwithstanding anything contained in any other
provision of this Act, every person who wilfully or maliciously makes any false
complaint under this Act shall, on conviction, be punished with imprisonment
for a term which may extend to three years and shall also be liable to fine. (2)
No Court, except a Court of Session, in the
case of a complaint investigated by the Lokayukta or a Court of Magistrate,
First Class in the case of a complaint investigated by a Member shall take
cognizance of the offence under subsection (1). (3)
No such Court shall take cognizance of such
offence as aforesaid except on a complaint in writing made by the Public
Prosecutor at the direction of the Lokayukta or a Member as the case may be,
and the Court of Session may take cognizance of the offence on such complaint
without the case being committed to it, notwithstanding anything contained in
the Code of Criminal Procedure, 1973. (4)
Such Court, on conviction of the person
making false complaint may award, out of the amount of fine, to the complainant
such amount of compensation as it thinks fit. (5)
If at any stage of a proceeding, under this
Act before the Lokayukta or a Member it appears to him that any person
appearing in such proceeding or any person who filed an affidavit in support of
a complaint fabricated false evidence with the intention that such evidence
should be used in such proceedings, the Lokayukta or Member, as the case may
be, may, if satisfied that it is necessary and expedient in the interest of
justice that the person should be tried summarily for giving or fabricating, as
the case may be, false evidence, take cognizance of the offence and after
giving the offender a reasonable opportunity or showing cause why he should not
be punished for such offence, try such offender summarily, so far as may be, in
accordance with the procedure prescribed for summary trials under the Code of
Criminal Procedure, 1973 and sentence him to imprisonment for a term which may
extend to six months or to fine which may extend to five thousand rupees or to
both. (6)
When any such offence as is described in
Sections 175, 178, 179 or 180 of the Indian Penal Code is committed in the view
or presence of the Lokayukta or Member, he may cause the offender to be
detained in custody and may, at any time on the same day, take cognizance of
the offence and after giving the offender a reasonable opportunity of showing
cause why he should not be punished under this section, sentence the offender
to simple imprisonment for a term which may extend to one month, or to a fine
which may extend to five hundred rupees, or to both. (7)
In every case tried under sub-section (6),
the Lokayukta or Member, as the case may be, shall record the facts
constituting the offence with the statement (if any) made by the offender as
well as the finding and the sentence. (8)
Any person, convicted on trial held under
sub-section (5) or sub-section (6) may appeal to the High Court, and the
provisions of Chapter XXIX of the Code of Criminal Procedure, 1973, shall, so
far as they are applicable, apply to appeals under this sub-section, and the
Appellate Court may alter or reverse the finding, or reduce or reverse the
sentence appealed against. (9)
The provisions of sub-section (5), (6), (7)
and (8) shall have effect notwithstanding anything contained in the Code of
Criminal Procedure, 1973, but nothing in these subsections shall affect the
power of the Lokayukta or Member, as the case may be, to proceed under
sub-section (3) in respect of any offence, where it does not chose to proceed
under sub-section (2), (6) and (7). (10)
Words and expressions used in sub-sections
(5) to (9) and not defined in this Act shall have the same meanings as assigned
to them in the Code of Criminal Procedure, 1973. (1)
The Lokayukta may appoint officers and other
employees to assist the Lokayukta and the Members in the discharge of their
functions under this Act: Provided
that nothing in this sub-section shall be construed to prevent any person who
holds a post under the Central or the State Government from being appointed on
deputation with the consent of that Government. (2)
The number and categories of officers and
employees who may be appointed under sub-section (1) and Section 23, their
salaries, allowances and other conditions of service and the administrative
powers of Lokayukta and Members shall be such as may be determined by general
or special order of the State Government made in consultation with the
Lokayukta. (3)
Without prejudice to the provisions of
sub-section (1), the Lokayukta or Members may for the purpose of conducting
investigations under this Act utilise the services of any officer or
investigation agency of the State Government with its concurrence. (1)
Any information obtained by Lokayukta or the
Members or by their staff in the course of or for the purpose of any
investigation under this Act and any evidence recorded or for the purpose of
any investigation under this Act and any evidence recorded or collected in
connection with such information, shall subject to the provisions of the
proviso to sub-section (2) of section 13, be treated as confidential and
notwithstanding anything contained in the Indian Evidence Act, 1872 (Central
Act 1 of 1872), no court shall be entitled to compel the Lokayukta or Members or
any public servant to give evidence relating to such information or produce the
evidence so recorded or collected. (2)
Nothing in sub-section(1) shall apply to the
disclosure of information or particulars- (a)
for purposes of the investigation or in any
report to be made thereon or for any action of proceedings to be taken on such
report; or (b)
for purposes of any proceedings for an
offence under the Official Secrets Act, 1923 (Central Act 19 of 1923), or an
offence of giving or fabricating false evidence under the Indian Penal Code,
1860 (Central Act 45 of 1860) or for the purposes of any trial of an offence
under section 13 or any proceedings under section 16; or (c)
for such purposes as may be prescribed. (3)
An officer or other authority prescribed in
this behalf may give notice in writing to the Lokayukta or Members, as the case
may be, with respect to any documents or information specified in the notice or
any class of documents or information so specified that in the opinion of the
State Government the disclosure of the documents or information or of documents
or information of that class would be contrary to provision as laid down in
Section 8 of Right to Information Act, 2005. (1)
Whoever intentionally offers any insult, or
causes any interruption to the Lokayukta or Members while the Lokayukta or the
Members is conducting any investigation under this Act, shall, on conviction,
be punished with simple imprisonment for a term which may extend to six months,
or with fine, or with both. (2)
Whoever, by words spoken or intended to be
read, makes or publishes any statement or does any other act, which is
calculated to bring the Lokayukta or Members into disrepute, shall on
conviction, be punished with simple imprisonment for a term which may extend to
six months, or with fine, or with both. (3)
The provisions of sub-sections (2) to (6) of
section 199 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),
shall apply in relation to an offence under sub-section (1) or sub-section (2)
as they apply in relation to an offence referred to in the aforesaid Code and
prosecution shall be made by the public prosecutor only with the previous
sanction- (a)
in the case of an offence against the
Lokayukta, of the Lokayukta; and (b)
in the case of an offence against Members, of
the Member concerned. (1)
No suit, prosecution or other legal
proceedings shall lie against the Lokayukta or the Members or against any
officer, employee, agency or person referred to in section 17 in respect of
anything which is in good faith done or intended to be done under this Act. (2)
No proceedings of the Lokayukta or the
Members shall be held invalid for want of form and except on the ground of
jurisdiction, no proceedings or decision of the Lokayukta or the Members shall
be liable to be challenged, reviewed, quashed or called in question in any
court. (1)
The State Government may, by notification
published in the Official Gazette and after consultation with the Lokayukta,
confer on the Lokayukta or Members, as the case may be, such additional
functions in relation to the eradication of corruption or such other duties as
may be specified in the notification. (2)
The State Government may, by order in writing
and after consultation with Lokayukta, confer on the Lokyukta or Member such
powers of a supervisory nature over agencies, authorities or officers setup,
constituted or appointed by the State Government for the eradication of
corruption. (3)
The State Government may, by order in writing
and subject to such conditions and limitations as may be specified in the
order, require the Lokayukta to investigate any action being an action in
respect of which a complaint may be made under this Act, to the Lokayukta or
Member and notwithstanding anything contained in this Act the Lokayukta shall
comply with such order: Provided
that the Lokayukta may entrust investigation of any such action (being action
in respect of which a complaint may be made under this Act) to Member. (4)
When any additional functions are conferred
on the Lokayukta or Member under sub-section (1) or when the Lokayukta or
Member is to investigate any action under subsection (3), the Lokayukta or
Member shall exercise the same powers and discharge the same functions as he
would, in the case of any investigation made on a complaint involving an
allegation and the provisions of this Act, shall apply accordingly. (1)
The State Government may in consultation with
the Lokayukta and on being satisfied that it is necessary or expedient in the
public interest so to do, exclude, by notification in the Official Gazette,
complaints involving an allegation against persons belonging to any class of
public servants specified in the notification, from the jurisdiction of the
Lokayukta or, as the case may be, Member: (2)
Every notification issued under sub-section
(1) shall be laid, as soon as may be, after it is issued, before the State
Legislature. (1)
The Lokayukta shall, by notification,
constitute a prosecution wing for the purposes of prosecution under this Act. (2)
The Lokayukta shall, by notification,
constitute a investigation wing for the purposes of investigation under this
Act. Provided
that till such time the investigation and prosecution wings as referred to in
sub-sections (1) and (2) are constituted by the Lokayukta, the State Government
shall make available such number of Public Prosecutors and other officers and
staff for investigation and conducting prosecution under this Act. (3)
The officers of the investigation wing under
this Act shall have the powers of a Police Officer as provided under the
relevant provisions of Cr.P.C. 1973. (1)
Where the Lokayukta or any investigation
officer authorised by it in this behalf, has reason to believe, the reason for
such belief to be recorded in writing, on the basis of material in his
possession, that ? (a)
any person is in possession of any proceeds
of corruption; (b)
such person is accused of having committed an
offence relating to corruption; and (c)
such proceeds of offence are likely to be
concealed, transferred or dealt with in any manner which may result in
frustrating any proceedings relating to confiscation of such proceeds of
offence, he may, by order in writing, provisionally attach such property for a
period not exceeding ninety days from the date of the order. (2)
The Lokayukta shall, immediately after
attachment under sub-section (1), forward a copy of the order, along with the
material in his possession, referred to in that sub-section, to the competent
Court, in a sealed envelope, in the manner as may be prescribed and such Court
may extend the order of attachment and keep such material for such period as
the Court may deem fit. (3)
Every order of attachment made under
sub-section (1) shall cease to have effect after the expiry of the period
specified in that sub-section or after the expiry of the period as directed by
the Special Court under sub-section (2). (4)
Nothing in this section shall prevent the
person interested in the enjoyment of the immovable property attached under
sub-section (1) or sub-section (2), from such enjoyment. Explanation-For
the purposes of this sub-section, "person interested", in relation to
any immovable property, includes all persons claiming or entitled to claim any
interest in the property. (5)
The Lokayukta, when it provisionally attaches
any property under sub-section (1) shall, within a period of thirty days of
such attachment, direct its prosecution wing to file an application stating the
facts of such attachment before the competent Court and make a prayer for
confirmation of attachment of the property till completion of the proceedings
against the public servant in the competent Court. (6)
The competent Court may, if it is of the
opinion that the property provisionally attached had been acquired through
corrupt means, make an order for confirmation of attachment of such property
till the completion of the proceedings against the public servant in the
competent court. (7)
lf the public servant is subsequently
acquitted of the charges framed against him, the property, subject to the
orders of the competent Court, shall be restored to the concerned public
servant along with benefits from such property as might have accrued during the
period of attachment. (8)
If the public servant is subsequently
convicted of the charges of corruption, the proceeds relatable to the offence
under the Prevention of Corruption Act, 1988 shall be confiscated and vest in the
State Government free from any encumbrance or leasehold interest excluding any
debt due to any bank or financial institution. Explanation-For
the purposes of this sub-section, the expressions "bank",
"debt" and "financial institution" shall have the meanings
respectively assigned to them in clauses (d), (g) and (h) of section 2 of the
Recovery of Debts due to Banks and Financial Institutions, 1993. (9)
Without prejudice to the provisions of
sub-section (1) to (8) of this section, where the competent Court, on the basis
of prima facie evidence, has reason to believe or is satisfied that the assets,
proceeds, receipts and benefits, by whatever name called, have arisen or
procured by means of corruption by the public servant, it may authorise the
confiscation of such assets, proceeds, receipts and benefits till his
acquittal. (10)
Where an order of confiscation made under
sub-section (9) is modified or annulled by the High Court or where the public
servant is acquitted by the Special Court, the assets, proceeds, receipts and
benefits, confiscated under subsection (9) shall be returned to such public
servant, and in case it is not possible for any reason to return the assets,
proceeds, receipts and benefits, such public servant shall be paid the price
thereof including the money so confiscated with the interest at the rate of
five percent per annum thereon calculated from the date of confiscation. The
Lokayukta or Member may, by a general or special order in writing direct that
any powers conferred or duties imposed on him by or under this Act (except the
powers to make reports to the Governor under section 15) may also exercise or
discharge by such of the officers, employees or agencies referred to in section
17, as may be specified in the order. Every
public servant is to declare their assets annually in such forms as may be
prescribed and such declaration shall be submitted to their respective
Competent Authority. Any
public servant aggrieved by the order passed by the Lokayukta or Members, may
appeal to the concerned High Court within a period of one month from the date
of such order. (1)
The State Government may, by notification in
the Official Gazette, make rules for the purpose of carrying out the provisions
of this Act. (2)
Every rule made under this Act shall be laid,
as soon as may be, after it is made, before the State Legislature of Meghalaya. (1)
The Lokayukta may, with approval of the State
Government, make regulations for the purpose of regulating the functions and
other required matters of his office. (2)
Every regulation made under this Act shall be
laid, as soon as may be after it is made, before the State Legislature of
Meghalaya. For
the removal of doubts, it is hereby declared that nothing in this Act shall be
construed to authorize the Lokayukta and Member of Lokayukta to investigate
into any allegation against- (a)
the Chief Justice or any Judge of the High
Court; (b)
officers and staff of the High Court; (c)
Members of the Meghalaya Judicial Service; (d)
the Chairman or any member of the Meghalaya
Public Service Commission; (e)
the Speaker and the Deputy Speaker of the
Meghalaya Legislative Assembly with respect to their actions inside the House
only; (f)
any matter related to Policy formulation by
the State Government and any action taken in pursuance of policies so framed;
and (g)
grade IV Government employee and employee
below grade IV. The
Meghalaya Lokayukta and Up-Lokayukta Act, 2000 (Act 1 of 2002) is hereby
repealed. SCHEDULE [See section 3(3) and (5)] I,
..........................................................................................
having been appointed Lokayukta/Member of the Lokayukta do swear in the name of
God/Solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established that I will duly and faithfully and
to the best of my ability, knowledge and judgment perform the duties of my
office without fear or favour, affection or ill-will.
Preamble - MEGHALAYA LOKAYUKTA ACT, 2012PREAMBLE