Chapter VII POWERS OF LOKAYUKTA

The Lokayukta shall, notwithstanding anything contained in any other law for the time being in force, have the powers of superintendence and to give directions to the State Agency in respect of the matter in so far as they relates to the investigation by such Agency under this Act.

1. (1) If the Lokayukta has reason to believe that any document which, in its opinion, shall be useful for, or relevant to, any preliminary inquiry or investigation under this Act, are secreted in any place, it may authorize State Agency to whom the preliminary inquiry or investigation has been given to search for and to seize such documents.
2. (2) If the Lokayukta is satisfied that any document seized under sub-section (1) may be used as evidence for the purpose of any preliminary inquiry or investigation 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 authorized, it may so retain or direct such authorized officer to retain such document till the completion of such preliminary inquiry or investigation : Provided that, where any document is required to be returned, the Lokayukta or the authorized officer may return the same after retaining copies of such document duly authenticated.

1. (1) Subject to the provisions of this section, the Lokayukta for the purpose of conducting any inquiry or investigation under this Act shall have all the powers of a civil court, under the Code of Civil Procedure, 1908 (5 of 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 1[section 229 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].

1. (1) The Lokayukta may, for the purpose of conducting any preliminary inquiry or investigation, utilize the services of any officer or organization or State Agency of the State Government.
2. (2) For the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry or investigation, any officer or organization or State Agency whose services are utilized under sub-section (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) requisition any public record or copy thereof from any office.
3. (3) The officer or organization or State Agency whose services are utilized under sub-section (2) shall inquire into or, as the case may be, investigate any matter pertaining to the preliminary inquiry or investigation 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 has reason to believe and the reason for such belief is 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, the Lokayukta may direct to file an application, stating the facts for prohibiting the alienation of assets, before the Special Court and make a prayer for prohibiting the alienation of such assets till completion of the proceedings against the public servant in the Special Court.
2. (2) The Special Court may, if it is of the opinion that the property mentioned in the application had been acquired through corrupt means, make an order prohibiting the alienation of such property till the completion of the proceedings against the public servant in the Special Court.
3. (3) If the public servant is subsequently acquitted of the charges framed against him, the Special Court shall rescind the order prohibiting the alienation of the property.
4. (4) 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 (49 of 1988) shall be confiscated and vest in the State Government.

1. (1) Without prejudice to the provisions of section 37 where the Special 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 authorize the confiscation of such assets, proceeds, receipts and benefits till his acquittal.
2. (2) Where an order of confiscation made under sub-section (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 (1) 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 such rate as may be decided by the Special Court calculated, from the date of confiscation.

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 clause (e) or (f) or (g) of sub-section (1) of section 12 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry adversely; or
   • (b) the public servant referred to in clause (a) is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the Lokayukta may recommend to the State 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.
2. (2) The State 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.

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 so as,-

1. (a) to protect such document or record from destruction or damage; or
2. (b) to prevent the public servant from altering or secreting 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.

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 powers 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.

The Lokayukta may, suo moto or on an application made by the aggrieved party, review any order passed by it under this Act, so as to correct the patent error of law or fact, or gross error occurred in the order, or discovery of new evidence which has resulted in failure of justice: Provided that, such power shall be exercised within ninety days from the date of such order or receipt of such application and subject to the condition that no appeal or other remedy has been preferred against such order: Provided further that, no such order shall be passed without giving an opportunity of being heard to the concerned person.