Chapter VI JURISDICTION IN RESPECT OF INQUIRY

(1) The Lokayukta on receipt of a compiaint if it decides to proceed further, may order- (a) preliminary inquiry against any public servant by its inquiry \_Mng or any agency to ascertain proceeding in the matter, or (b) inVestigation by any agency where there exists a prima facie case: Provided that before ordering an investigation under biause (b), the Lokayukta shall call for an explanation of the public servant so as to deten'nine whether there exists a prime facie case for investigation: Provided further that the seeking of explanation from the public servant before an investigation Shall not interfere with the search and seizure, if any, required to be undertaken by any ' “agency uhder this Act (2) During- the preliminary IanIry referred to in sub-seCtibn(1), the inquiry Wing or any agency shalt cond'untia preliminary inquiry and On thebaSis of material, information and documents colleotedseekthe comments on the allegations made in the compi’a‘int'froifi' the public servant and competent authority and after: obtaining the cemments of theooncemedpublic; servant and competent authority, Submit Within:sixty.daysfrom the date of receipt of the reference, a report t? the Lokayukta (3) The Lokayukta shall consider every report received Under sub—section(2) from the inquiry Wing or any agency and after givingan opportunity of being heard to the public servant decide whether there exists a prime : facie case and proceed with one or more at the following actions, nameiy: (a) inveStigation by any agency: (b) initiation of the departmental probeedings or any other appropriate action against the concerned public servants by the competent authority; (0) closure of the proceedings against the public servant and to pI'oceed against the complainant under section 47 (4) Every preliminary inquiry referred. to in sub, sectidn (1) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing,——- Within a further period of ninety days from the date of receipt of the complaint. (5) In case the Lokayukta decides-to proceed to investigate into the complaint; it she” either' direot any“ I '- investigation agency to carry out the investigation as _ expeditiously as possibleand complete the investigation“ within a period of six months from the date of its order: " Provided that the Lokayukta may extend the said period by a further period of six_ months for thereasons to — — - — be reoorded in Writing (6)_NotWIthstandInganything: contained .in section ' 173of the Code of Criminal Procedure 1973, any agency shall in respect of cases referred to it by the Lokayukta, submit the investigation report under that section to the court having jurisdiction and forWard a copy thereof to the Lokayukta. (7) The _Lokayukta shail consider every report received by_ it under s_ub-section (6) from the investigating agency and after obtaining the comments of the competent authority and thepublic servant may -— — (a) grant sanction to its Prosecution Wing or investigating agency to file charge sheet or direct closure of report before the Special Court against the public servant; , (b) ciirect the _competent authority. to initiate the- departmentai proceedings ornany other appropriate, action against the concerned'pubiic servants. (8) The Lokayukta may, after taking a decision under sub—section (7) on the filing of the‘ chatge—sheet, ' direct its Prosecution \NIng or any investigating agency to initiate prosecution in the Specia‘i Coart in respect of the cases investigated by the agency. ’ (9) The Lokayukta may, during the preliminary inquiry or the investigation as the case may be, pass - appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation as it deems fit. (10) The website of the Lokayukta shall, from time to time and in such manner as may be specified by reguiations display to the public, the status of number of complaints pending before it or disposed of byit. (11) The Lokayukta may retain the originai records and evidences which are iikeiy to be required in the process of preliminaryInquiry or investigation or conduct of - a case by it or by the Special Court. (12) Save as othenivise provided, the manner and procedure of I conducting a preliminary inquiry or investigation (including such materiai and documents to be made available to the public servant) underithis Act,‘ shall be such as may be specified by regulations

If at any stage of the proceeding, the Lokayukta— (a) considers it necessary to inquire into the conduct of any person other than the accused; or (b) is of opinion that the reputation of any person other than an accuSed is'iikeiy to be prejudiciaiiy affected by the preliminary inquiry, the. Lokayukta shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to ' produce evidence in his defence consistent with the ,1 principles of natural justice.

Subject to the provisions of. this Act. for the purpose of any preliminary inquiry or investigation, the Lokayukta or the investigating agency, as the case may be, may require any public servant or any other person who, in itsopinion is able to furnish information or produce d9cuments V relevant to suchpreiImInary IanIry.orInvestigationto to furnIsh any suchinformation or produce any: such» document

(1) Notwithstanding anythingcontained in section 197 of the Code of the Criminal ProcedIIre,1973 or section. 19 of the Prevention of the Corruption Act,1988, the- Lokayukta shall havethe power to grant sanction for 20 (2) No prosecIJtion under sub-section (1) shaii be initiated against any public servant accused of any offence“) committed by him While acting. or purporting to act in the dibcharge pf his official duty, and no court shaii take cognizance of Such Offence except with the previous sanction of the Lokayukta. a prosecution under clause (a) of subsection (7) of section”, ~Previous , sanction not necessary for investigation and initiating Prosecution by Lokayukta in pertain cases. (3) Nothing contained in Subsections (1) and (2) shall apply in respect of the persons holding office in pursuance of the provisions of the Constitution of india and in respect of which a procedure for removal of‘such person has been specified therein. (4) The provisions contained in sub-sections (1 )-, (2) and (3) shall be without prejudice to the generality 'of the provisions contained in article 31 1- and sub-ciause (c) of clause (3) of article 320 of the Constitution of india.

(1) Subject to the provisions of this section, for the purpose of any preliminary inquiry, the inquiry wing of the Lokayukta shall have 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) Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code.

(1) The Lokayukta, when it provisionally attaches any property under sub-section (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 of the proceedings against the public servant in the Special Court. (2) The Special 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 Special Court. (3) If the public servant is subsequently acquitted of the charges framed against him, the property, subject to the orders of the Special Court, shall be restored to the concerned public servant along with benefits from such property as might have accrued during the period of attachment. (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 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 Act, 1993.