Chapter VIII POWERS OF THE LOKAYUKTA

The Lokayukta shall, notwithstanding anything contained in any other law for the time being in force, have the powers of superintendence and direction over the agency conducting the agency or any inquiring authority in respect of the matters in so far as they relate to the inquiry under this Act.

1. (1) [Deleted by Act 9 of 2019]
2. (2) If the Lokayukta is satisfied that any document seized may be used as evidence for the purpose of any preliminary inquiry under this Act and that it shall be necessary to retain the document in its custody or in the custody of such officer as may be authorised, it may so retain or direct such authorised officer to retain such document till the completion of such preliminary inquiry as the case may be: Provided that where any document is required to be returned, the Lokayukta or the authorised officer may return the same after retaining copies of such document duly authenticated in the manner as may be prescribed.

1. (1) Subject to the provisions of this section, for the purpose of any preliminary inquiry, the Inquiry Wing of the Lokayukta shall have all the powers of a civil court, under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:-
   • (i) summoning and enforcing the attendance of any person and examining him on oath;
   • (ii) requiring the discovery and production of any document;
   • (iii) receiving evidence on affidavits;
   • (iv) requisitioning any public record or copy thereof from any court or office;
   • (v) issuing commissions for the examination of witnesses or documents: Provided that such commission, in case of a witness, shall be issued only where the witness, in the opinion of the Lokayukta, is not in a position to attend the proceeding before the Lokayukta; and
   • (vi) such other matters as may be prescribed.
2. (2) Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code, 1860.

1. (1) The Lokayukta may, for the purpose of conducting any preliminary inquiry or detailed inquiry, utilize the services of any officer or agency of the Government with the approval of the Government.
2. (2) For the purpose of preliminary inquiry or detailed inquiry, any officer or agency whose services are utilized under sub-section
3. (1) may, subject to the direction and control of the Lokayukta,—
   • (a) summon and enforce the attendance of any person and examine him;
   • (b) require the discovery and production of any document; and
   • (c) request any public record or copy thereof from any officer.
4. (3) The officer or agency whose services are utilised under sub-section
5. (1) shall inquire into any matter pertaining to the preliminary inquiry or detailed inquiry and submit a report thereon to the Lokayukta within such period as may be specified by it in this behalf.

1. (1) Where the Lokayukta, while making a preliminary inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available, that—
   • (a) the continuance of the public servant referred to in clauses (e), (f),
   • (g) and
   • (h) of sub-section
2. (1) of section 14 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry adversely; or
   • (b) the public servant referred to in clauses (e), (f),
   • (g) and
   • (h) of sub-section
3. (1) of section 14 is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the Lokayukta may recommend to the Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order.
   • (ii) The Government shall ordinarily accept the recommendation of the Lokayukta made under sub-section
4. (1) (i), except for the reasons to be recorded in writing in a case where it is not feasible to do so for administrative reasons.

1. (1) The Lokayukta, when it provisionally attaches any property under sub-section
2. (1) of section 29 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 Special Court and make a prayer for confirmation of attachment of the property till completion ofthe proceedings against the public servant in the Special Court.
3. (2) The Special Court may, if it is ofthe opinion that the property provisionally attached had been acquired through corrupt means, make an order for confirmation of attachment ofsuch propertytjllthe completion ofthe proceedings against the public servant in the Special Court.
4. (3) Ifthe public servant is subsequently acquitted ofthe charges framed against him, the property, subject to the orders ofthe Special Court, shall be restored to the concerned public servant along wilh benefits from such property as might have accrued during the period ofattachment.
5. (4) If the public servant ii subsequently convicted ofthe charges ofconuption, the proceeds relatable to lhe offence under the Prevention of Comr ption Act, 1988 shall be confiscated and vest in the Government free from any encumbrance or leasehold interesl excluding any debt due to any bank or financaal 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),
6. (9) and (h) of section 2 of the Recovery of Debts Due to Banks and Financial lnstitutions Act. 1993.

1. (1) Without prejudice to the provisions of sections 29 and 30, where the Speciat Court, on the basis of prima facie evidence, has reasons 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 pass an order for the confiscation of such assets, proceeds, receipts and benefits till his acquittal.
2. (2) Where an order of conflscation made under sub-sectjon
3. (1) 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 sub-section
4. (1) shall be returned to such public servant, and in case it is not possible for any reason to return the asGets, proceeds, receipts and benefits, such public servant shall be paid the price thereof including the money so confiscated with the interesl from the date of confiscation at the rate as may be prescribed.

Lokayukta to recommend transfer or suspension of public servant connected with allegation of corruption : 32.

1. (1) Where the Lokayukta, while making a preliminary inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available that the continuance of the public servant, referred to in clauses
   • (e) to
   • (h) of sub-section
2. (1) of section 14, in his post is likely to affect such preliminary inquiry adversely or is likely to destroy, or in any way tamper with, the evidence or influence witnesses, then, the Lokayukta may recommend to the Government for transfer or suspension of such public servant till such period as may be specified in the order.
3. (2) The Government shall ordinarily accept the recommendation of the Lokayukta made under sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible for administrative reasons.

Power of the Lokayukta to give directions to prevent destruction of records during preliminary inquiry 33. The Lokayukta may, in discharge of its functions under this Act, issue appropriate directions to a public servant entrusted with the preparation or custody of any document or record -

1. (a) to protect such document or record from destruction or damage; or
2. (b) to prevent the public servant from altering or seseting such document or record; or
3. (c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means.

Power of Delegation 34. The Lokayukta may, by general or special order in writing and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its Members or officers or employees as may be specified in the order.