section 5
Powers and functions of Lokayukta
The Uttarakhand Lokayukta Act, 2011The Lokayukta shall have the following functions and powers (a) to exercise superintendence over the investigation of offences involving any act of corruption; (b) to give directions to the investigating officers for the purpose of proper investigation of offences involving any act of corruption; (c) after completion of investigation in any case involving an act of corruption, to recommend punishment of dismissal, removal or reduction in rank against government servants after giving them full opportunities of being heard. The recommendations shall be binding to the appointing/disciplinary authority of the Government. While recommending any action, Lokayukta will duly consider distinction between bonafide action and action with malafide intention and also judgement of error with and without ill-motive; (d) to initiate prosecution before a Special Court established under the Prevention of Corruption Act, 1988; (e) to ensure proper prosecution of cases before a Special Court established under the Prevention of Corruption Act, 1988; (f) to provide by regulations for the terms and conditions of service including the allowances and pension payable to the officers and staff of the Lokayukta; (g) to authorize a Bench of the Lokayukta to issue letters-rogatory in relation to any case pending investigation under this Act; (h) to receive complaints from whistle blowers; (i) to receive complaints against any officer or staff of Lokayukta. (j) to recruit investigating officers and other officers and staff and get them trained in modern methods of scientific investigation. (k) to appoint judicial officers, prosecutors and senior counsels. (l) to acquire modern equipment necessary for proper investigation. (m) to attach property and assets acquired by corrupt means and to confiscate them in certain cases as provided under this Act. (n) to recommend cancellation or modification of a lease, license, permission, contract or agreement, if it was obtained by corrupt means and to recommend blacklisting of a firm, company, contractor or any other person, involved in an act of corruption. The public authority shall either comply with the recommendation or reject the same within a month of receipt of recommendation. In the event of rejection of its recommendation, the Lokayukta may approach Uttarakhand High Court for seeking appropriate directions to be given to the public authority. (o) to ensure due compliance of its orders by imposing penalties on persons failing to comply with its orders as provided under this Act; (p) to initiate suo moto appropriate action under the Act on receipt of any information from any source about any corruption. (q) to make recommendations to public authorities, in consultation with them, to make changes in their work practices to reduce the scope for corruption and whistleblower victimization. The concerned authority shall send its compliance report to Lokayukta within two months specifying detailed reasons, wherever they choose to reject any of the recommendations. (r) to ensure that the time limits mentioned in this Act are strictly adhered to. (s) to ensure the integrity of its functionaries and impose punishments of dismissal, removal and reduction in rank. (t) to require any public authority to render any specific help required by the Lokayukta. (u) to prepare an appropriate reward scheme to encourage complaints from within and outside the government to report acts and evidence of corruption. Provided that the total value of such reward shall not exceed ten percentage of the value of the loss recovered or loss prevented. (v) such other functions as may be provided under this Act or necessary for the proper implementation of this Act.
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