Reports of Accountability Commission

Reports of Accountability Commission.

1. (1) After the conclusion of inquiry under section 13 the Accountability Commission shall determine whether all or any of the grievances or allegations made in the complaint have or has been proved to its satisfaction and by report in writing shall communicate its findings to the complainant, the public functionary and the competent authority.
2. (2) The Accountability Commission shall in its report recommend to the competent authority concerned that such injustice or hardship shall be remedied or redressed in such manner and within such time as may be specified in the report.
3. (3) The competent authority shall examine the report forwarded to it under sub-section
4. (1) and communicate to the Accountability Commission, within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report.
5. (4) The competent authority in the case of a public functionary other than the Chief Minister, a Minister, Advisor to Government/Chief Minister or a Member of the State Legislature shall examine the report forwarded to it under sub-section
6. (1) and without any further inquiry, take action on the basis of the recommendation and within ninety days from the date of receipt of the report, intimate or cause to be intimated to the Accountability Commission the action taken or proposed to be taken on the basis of the report.
7. (5) The Accountability Commission shall send its report in respect of a complaint against the Chief Minister, a Minister, Advisor to Government/Chief Minister or the Member of State Legislature with his recommendations to the Governor who may take such action as he may deem fit or expedient on the report.
8. (6) If the Accountability Commission is satisfied with the action taken or proposed to be taken on its recommendations referred to in sub-section
9. (3) or sub-section (4), it shall close the case under information to the complainant if any, the public functionary and the competent authority concerned; but where it is not so satisfied and considers that the case so deserves, it may make a special report upon the case to the Governor and also inform the competent authority concerned and the complainant, if any.
10. (7) Notwithstanding anything to the contrary contained in any other law for the time being in force-
    • (a) if any sanction is required under any law for taking cognizance of any case or for initiating any proceedings against any public functionary, on the basis of the report of the Accountability Commission, the sanctioning authority shall take a decision within a period of three months from the date a copy of the report is received from the competent authority for such sanction and in the event of its failure to take a decision within the said period, it would be deemed that the sanction has been accorded and same shall be sufficient for taking cognizance of the case or initiation of such proceedings: Provided that the period shall stand extended to the extent required by the sanctioning authority for seeking further information from the Accountability Commission;
    • (b) where a Court of competent jurisdiction finds that any public functionary has acquired any property, moveable or immoveable, or other assets illegally or through illegal means, such property or assets shall stand confiscated to the State free from all encumbrances and without any compensation to be utilised for a public purpose.