Provisions relating to complaints

Provisions relating to complaints. —

1. (1) Any person may make a complaint under this Act to the Lokayukta.
2. (2) Every complaint involving an allegation shall be made in such form as may be prescribed. The complainant shall swear an affidavit in such form as may be prescribed before the Lokayukta or any officer authorised by the Lokayukta in this behalf.
3. (3) Notwithstanding anything contained in section 10 or any other provision of the Act, every person who wilfully or maliciously makes any false complaint under this Act shall, on conviction, be punished with rigorous imprisonment which may extend to two years or with fine which may extend to five thousand rupees or with both and the court may order that out of the amount of fine, such sum, as it may deem fit, be paid by way of compensation to the person against whom such complaint was made: Provided that no court shall take cognizance of an offence punishable under this section except on a complaint made by or under the authority of the Lokayukta: Provided further that the complaints made by or under the authority of the Lokayukta shall be exclusively tried by a Court of Sessions, which may take cognizance of the offence on such complaints without complaints being committed to it, anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) notwithstanding: Provided further that the complaint made under the signature and seal of the Lokayukta shall be deemed as formally proved and the evidence of the Lokayukta shall not be necessary for the purpose.
4. (4) If the Lokayukta is satisfied —
   • (a) that all or any of the allegations made in the complaint have or has been substantiated either wholly or partly: and
   • (b) that having regard to the expenses incurred by the complainant in relation to the proceedings in respect of such complaints and all other relevant circumstances of the case, the complainant deserves to be compensated: the Lokayukta shall determine a reasonable amount which shall be paid to the complainant by way of such compensation and the State Government shall pay the amount so determined to the complainant.