section 9
Provisions relating to complaints
Sikkim Lokayukta Act, 2012General201220 sections
Statutory text
Provisions relating to complaints 9.
- (1) Subject to the provisions of this Act, a complaint may be made under this Act to the Lokayukta,-
- (a) in the case of a grievance, by the person aggrieved;
- (b) in the case of an allegation by any person other than a public servant: Provided that where the person aggrieved is dead or is for any reason unable to act for himself, the complaint may be made by any person who in law represents his estate, or, as the case may be, by any person who is authorized by him this behalf.
- (2) Every complaint shall be made in such form and shall be accompanied by such affidavits and other documents including fees as may be prescribed.
- (3) Notwithstanding anything contained in any other enactment any letter written to the Lokayukta by a person in police custody, or in a jail or in any asylum or other place for insane persons shall be forwarded to the addressee unopened and without delay by the police officer or other person in charge of such jail, asylum or other place.
- (4) If upon receipt of a letter under sub-section
- (3) the Lokayukta is of the view that there exists a prima facie case for a grievance or an allegation and that action under this Act can be taken thereon, he shall require the person who has written the letter to file a complaint in accordance with the provisions contained in sub-section
- (2) within such reasonable period, not being less than one month, as he may fix failing which he may reject the letter.
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