Jurisdiction of Lokayukta to Include Chief Minister, Ministers, Members of Legislature, officers anrt employees of the State

(1) Subject to the other provisions of this Act, the Lokayukta shall inquire or cause an inquiry to be conducted as per the procedure into any matter involving, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:- (a) any person who is or has been a Chief Minister; (b) any other person who is or has been a Minister of the State; (c) any person who is or has been a Member of the Sikkim Legislative Assembly: (d) any person who is Chairperson or a member by whatever name called, of a Panchayat or a Municipality as respectively provided in Articles 243-B and 243-Q of the Constitution of India; (e) any oHicer or employee of the State, referred to in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served, in connection with the affairs of the State: (f) any officer or employee referred to in clause (e) or holding equivalent post in any Body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by any Act of Parliament or of a State Legislature which IS wholly or partly financed by the Government or controlled by it; (g) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, wholly or partly financed or aided by the Government and the annual income of which exceeds such amount as the Government may, by notification, specify; (h) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from the public and the annual income of which exceeds such amount as the Government may, by notification, specify or from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may, by notification, specify: Provided that any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988 and the provisions of that Act shall apply accordingly. (2) Notwithstanding anything contained in sub-section (1), the Lokayukta shall not inquire into any matter involving or arising from, or connected with, any such allegation of corruption against any Member of the Sikkim Legislative Assembly in respect of anything said or a vote given by him in the said Assembly or any committee thereof covered under the provisions contained in clause (2) of Article 194 of the Constitution of India. (3) The Lokayukta may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act of bribe giving or bribe taking or abetting the same or in conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 against a person referred to in sub-section (1); Provided that no action under this section shall be taken in case of a person serving in connection with the affairs of the Union, without the consent of the Central Government. (4) No cognizance of a complaint shall be taken if it discloses that the offence as alleged was committed by a public servant while he was holding the office if the allegation of offence relates to a period which is more than five years old from the date of the complaint.