Preamble

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.