The Manipur Lokayukta Act, 2014

MANIPUR ll GAZETTE HR AR EXTRAORDINARY PUBLISHED BY AUTHORITY eT 036) No. 196(A) Imphal, Friday, October 3, 2014 (Asvina 11, 1936) GOVERNMENT OF MANIPUR SECRETARIAT : LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATION Imphal, the 3rd October, 2014 No. 2/3012011-Legll (PY) = The following Act of the Legislature, Manipur which received’ assent of the President of India on 23-9-2014 is hereby published in the Official Gazette: - THE MANIPUR L A__ACT, 2014 (MANIPUR ACT NO. 11 OF 2014) AN wot ACT | to provide for the establishment of a bods of Lokayukta for the State of Manipur to inquire into allegations of . corruption’ ‘against “certain public functionaries and for matters connected therewith or incidental thereto. ¥ BE it enacted by the Legislative Assembly of Manipur in the Sixty-fifth Year of the Republic of india as follows: — E PART | ' ) PRELIMINARY 1. (1) This Act may be called the Manipur Lokayukta Act, es 2014. commencement.

1. (2) It extends to the whole of the State of Manipur. ‘
2. (3) It shall tome into force on such date as the State Government may, py notification in the Official Gazette, appoint. PART HH LOKAYUKTA FOR THE STATE OF MANIPUR CHAPTER | DEFINITIONS Definitions. 2. (1) In this Act, unless the context otherwise requires,—
   • (a) "Bench" means a Bench of the Lokayukta;
   • (b) "Chairperson" means the Chairperson of the Lokayukta; (¢) "competent authority”, in relation to— () the Chief Minister, means the Manipur Legislative Assembly;
     • (i) a member of the Council of Ministers, means the Chief Minister;
     • (ii) a member of the Manipur Legislative Assembly other than a Minister means the Speaker of the Manipur Legislative Assembly; : (iv) an officer in the Department of the State : Government means the Minister in charge of the Department under which such officer is serving;
     • (v) a chairperson or members of any body, or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of the State Legislature or wholly or partly financed by the State Government or controlled by it, means the Minister in charge of such | body, or Board or corporation or authority or company or society or autonomous body; | (vi) an officer of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of the State Legislature or wholly or partly financed by the State Government or controlled by it, means the head of such body or Board or corporation or authority or company or society or autonomous body;
     • (vi) in any other case not falling under sub- clauses (/) to (vi) above, means such department or authority as the State Government may, by notification, specify: Provided that if any person referred to in sub-clause (Vv) or sub-clause (vj) is also a Member of the Mariipur Legislative Assembly, then the competent authority: shall be the Speaker of Manipur Legislative Assembly; -(d) “complaint” means a complaint, made in such form as may be prescribed, alleging that a public servant has - committed an offence punishable under the Prevention of Corruption Act, 1988; AM wd By, -
   • (e) "investigation" means an investigation defined : under clause (h) of section 2 of the Code of | Criminal Procedure, 1973; i . (fH "Judicial Member" means &-Judicial Member : of the Lokayukta; - . | (@) "Lokayukta® means the body established | under section 3;
   • (h) "Member" means a Member of the Lokayukta; | (iy. "Minister" means a Minister of the State Government of Manipur but does not include | the Chief Minister; ) | :@). : “notification” means a notification” published in | the official Gazette ‘and the expression “notify” ....-shall be construed accordingly; - | (kK) “preliminary - inquiry” means an inquiry <: conducted undef this Act; 0) “prescribed” means prescribed by rules made ire, under this Act; PL #{m) “public servant” means a person referred to in © Telatises (a) to (g): of sub-section(1) of section “1% 14 but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army . Act,1950, the Air Force Act, 1950, the Navy Act, 1957 and the Codast Guard Act, 1978 or the procedure ‘is “applicable to such public E servant under those Acts; _(n) “regulations” means the regulations made “under this Act; © ;
3. (0) “rules” means rules made under this Act;
   • (p) “Special Court” means the court of a Special sige agqainted under sub-section (1) of section 3 of the Prevention of Corruption Act, . 1988.
4. (2) The words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988, shall have the meanings respectively assigned to them in that Act. CHAPTER ie ESTABLISHMENT OF LOKAYUKTA Establishment 3, (7) On and from the commencement of this Act, there of Lokayukta. shall be established for the State of Manipur, for the purpose of this Act, a body to be called the "Manipur Lokayukta".
5. (2) The Lokayukta shall consist of—
   • (a) a Chairperson, who is or has been a Chief Justice of a High Court ora Judge of a High Court or an eminent person who fulfils the eligibility specified in clause (b) of sub- section (3); and
   • (b) two Members of whom one shall be Judicial Member: . (3) A person shall be eligible to be appointed,—
   • (a) as a Judicial Member if he is or has been a
     • • sa Judge of a High Court;
   • (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity, . outstanding ability having special knowledge and expertise of not less than _ twenty-five years in the matters relating to anti-corruption policy, public administration, “vigilance, finance, including insurance and N banking, law, and management and not less than fifty years of age;
6. (4) The Chairperson or a Member shall not be — p (jy: a member of Parliament or a member of the Legislature of any State or Union territory; (iy a person convicted of any offence involving 4 moral turpitude;
   • (ji) a member of any Panchayat or Municipality or District Council; ’
     • (iv) a person who has been removed or dismissed from service of the Union or a State, and shall not hold any office of trust or profit (other than his. office as the Chairperson or a Member) or be affiliated with any palitical party or carry on any business or practice any profession -and accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if —
   • (a) he holds any office of trust or profit, resign from such office; or . (b) he is carrying on any business, sever his connection with the conduct and management of such business; or
7. (6) he is practicing any profession, cease to practise such profession. 4. (1) The Chairperson and Members shall be appointed Appointment of by the Governor after obtaining the recommendations of a Gnaibors on and Selection Committee consisting of— \ recomniendations
   • (a) the Chief Minister — Chairperson; of Selection
     • • Committee.
   • (b) the Speaker of the Manipur Legislative : : Assembly — Member;
   • (c) the Leader of Opposition in the Manipur Legislative Assembly — Member;
   • (d) the Chief Justice of the High Court of . . Manipur or a Judge of the High Court nominated by him — Member;
   • (e) an eminent jurist, as recommended by the Chairperson and. Members referred to in . clauses (a) to (d) above, to be nominated ’ by the Governor — Member; ’ .
8. (2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee.
9. (3) The Selection Committee shall for the purposes of selecting the Chairperson and Members of the Lokayukta and for “preparing a panel of persons to be considered for appointmerit as such; constitute a Search Committee consisting of at least seven persons of standing and having special knowledge and expertise in

the matters relating to anti-corfuption policy, public

administration, vigilance, policy making, finance including insurance and banking, law, and management, or in any other matter which, in the opinion of the Selection Committee, may be useful in making selection of the

Chairperson and Members of the Lokayukta:

Provided that not less than fifty per cent of the Members of the Search Committee shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities -and women:

Provided further that the Selection Committee may also consider any person other than the persons recommended by the Search Committee.

1. (4) The Selection Committee shall regulate its own procedure in ‘a transparent” manner for selecting the ~ Chairperson and Members of the Lokayukta. i ‘ (5) The term of the Search Committee referred to in sub-section (3), the fees and allowances payable to its. members and the manner of selection of panel of names shall be such as may be prescribed. . - --- Fillingof 5 The Governor shall take or cause to be taken all vacancies of N PR oo Fn SC Chairperson necessary steps for the appoiritment of a new Chairperson or Members. and Members at least three months before the expiry of _ the term of such Chairperson or Member, as the case may be, in accordance with the procedure laid down in this Act. = Term of office 6. The Chairperson and every Member shall, on the Chair al recommendations of the Selection Committee, be pet and appointed by the Governor by warrant under his hand and Members. seal and hold office as such for a term of five years from” the date on which he enters upon his office or until he
   • • attains the age of seventy years, whichever is earlier: or Provided that he may— _ _ —_—
   • (a) by writing under his hand addressed to the Governor, resign his office;-or - TT
   • (b) be removed from his office in the manner provided _ _ in this Act. co ’ salary 7. The salary, allowances and_other conditions of service- - aliowances ¢ and other _

conditions of - {/) the Chairperson shall be the same as those of the

service of Chief Justice of the High Court; Chairperson -. - so B a and (ii) other Members shall be the same as those of a i Members. _ Judge of the High Court: . wt te Provided that if the Chairperson or a Member is, at the time of his appointment, in receipt of pension (other than disability pension) in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of service as the Chairperson or, as the case may be,

as a Member, be reduced—

1. (a) by the amount of that pension; and (by if he has, before such appointment, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension: - . E J - - Provided further that the salary and allowances i payable” to, ‘and “othef conditions of service of, the Co Chairperson or a Member shall not be varied to ‘his i disadvantage after his appointment. . 8. (1) On ceasing te hold office, the-Chairperson-and every Restriction-on - ®t employment by Member shall be ineligible for ~.__. _ charpersonand. : - (7) re-appointment as the Chairperson or a Members after Member of the Lokayukta; RE coming fo hole) i
   • • - CT - - - ° ice. ’ (ify any diplomatic assignment, appointment as = - - administrator of a Union temitory- ‘and such other assignment or appointment which is
   • • + -- - required by law to be made by the Governor by warrant under his hand and seal; i . (ify further employment to any other office of profit under the Government of India or - the - - Government of a State;
   • (iv) contesting any election” of President or Vice- President or Member of either House of © Parliament or Member of either House of a State Legislature or Municipality or. Panchayat within a period of five years from the date of relinquishing the post. = = _ © ~~. oo

1. (2) Notwithstanding anything contained in sub
   • • -section (7), a Member shall be eligible to" be appoinfed as a Chairperson, if his total tenure as Member and .
   • • “Chairperson does not exceed five years. ~ I Explanation. — Far the. purposes. of this section, it is . hereby clarified that where the Member is appointed as the . Chairperson, his term of office-shall-not be more than five years in aggregate as the Member and the Chairperson.
   • • 9. (1) In the &vent of oécurfence of any vacancy in the Member to : office of the Chairperson by reason of his death, 26t3s | roam Ea CI RE ei y Chairperson resignation or otherwise, the Governor may, by or to | _ notification, authorize the senjor-mast Member to act as discharge his the Chairperson until the appointment of a new functions in _ Chairperson to fill such vacancy. certain
   • • 4 circumstances. | i i
2. (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the _ senior-most Member available, as the Governor may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. Secretary, 10. (1) There shall be a Secretary to the Lokayukta in the other officers anu of Secretary to the State Government, who shall be reas appointed by the Chairperson from a panel of names sent by the State Government.
3. (2) There shall be a Director of Inquiry and a Director of Prosecution not below the rank of the Additional Secretary to the State Government or equivalent, who shall be appointed by the Chairperson from a panel of names sent by the State Government.
4. (3) The appointment of Secretary and other officers and staff of the Lokayukta shall be made by the Chairperson or such Member or officer of Lokayukta as the Chairperson may direct: Provided that the Governor may, by rule require that the appointment in respect of any post or posts as may be specified in the rule, be made after consultation with the Manipur Public Service Commission.
5. (4) Subject to the provisions of any law made by the State Legislature, the conditions of service of Secretary and other officers and staff of the Lokayukta shall be such as may be specified by regulations made by the Lokayukta for the purpose: Provided that the regulations made under this sub- section shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor.

The administrative expenses of the Lokayukta, including all salaries, allowances payable to or in respect of the Chairperson, Members or Secretary or other officers or staff of the Lokayukta shall be charged upon the Consolidated Fund of State and any fees or other moneys taken by the Lokayukta shall form part of that Fund.

(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.

(1) Without prejudice to the provisions of sections 29 and 30, 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 authorise the confiscation of such assets, proceeds, receipts and benefits till his acquittal. (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 the rate of five per cent per annum thereon calculated from the date of confiscation.

(1) The State Government shall constitute such number of Special Courts, as recommended by the Lokayukta, to hear and decide the cases arising out of the Prevention of Corruption Act, 1988 or under this Act. (2) The Special Courts constituted under sub-section (1) shall ensure completion of each trial within a period of one year from the date of filing of the case in the Court: Provided that in case the trial cannot be completed within a period of one year, the Special Court shall record reasons therefor and complete the trial within a further period of not more than three months or such further periods not exceeding three months each, for reasons to be recorded in writing before the end of each such three month period, but not exceeding a total period of two years.

(1) Notwithstanding anything contained in this Act or the Code of Criminal Procedure, 1973 if in the course of a preliminary inquiry or investigation into an offence or other proceeding under this Act an application is made to a Special Court by an officer of the Lokayukta authorised in this behalf that any evidence is required in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act and he is of the opinion that such evidence may be available in any place in a contracting State, and the Special Court, on being satisfied that such evidence is required in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act, may issue a letter of request to a court or an authority in the contracting State competent to deal with such request to— (i) examine the facts and circumstances of the case; (ii) take such steps as the Special Court may specify in such letter of request; and (iii) forward all the evidence so taken, or collected, to the Special Court issuing such letter of request. (2) The letter of request shall be transmitted in such manner as the State Government may prescribe in this behalf.

The Lokayukta shall furnish to the State Government, at such time and in such form and manner as may be prescribed or as the State Government may request, such returns and statements and such particulars in regard to any matter under the jurisdiction of the Lokayukta, as the State Government may, from time to time, require.

(1) Where any offence under sub-section (1) of Section 46 has been committed by any society or association of persons or trust (whether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the society or association of persons or trust, for the conduct of the business or affairs or activities of the society or association of persons or trust as well as such society or association of persons or trust shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act; if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a society or association of persons or trust (whether registered or not) and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of such society or association of persons or trust, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.