Amendment status not verified — confirm the current text below against the official source.
('l) lf the Lokayukta has reasons to believe that any document which, in its opinion, shall be usefulfor, or relevanl to, any investigation under this Act, are secreted in any place, it may authorise any agency to whom the investigation has been given to search for and to seize such documents. (2) lf the Lokayukta is satisfied that any document seized under suFsection (1 ) may be used as evidence for the purpose of any preliminary inquiry or investigation under this Act and that it shall be necessary to retain the document in its custody or in the custody of such officer as may be authorised, it may so retain or direct such authorised officer to retain such document till the completion of such preliminary inquiry or investigation as the case may be: Provided thatwhere anydocument is required to be returned, the Lokayukta or the authorised officer may return the same after retaining copies of such document duly authenticated in the manner as may be prescribed. 7 TheArunachal Pradesh Extraordinary Gazette, May 20, 2014 (1) Subject to the provisions of this section, for the purpose of any preliminary inquiry, the lnquiry Wing of the [okayukta shall have allthe powerc of a civil court, under the fue of Civil Procedure, 1908,while trying a suit in respeet of the following matters, namely:- (i) summoning and enforcing the altendance 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 thereoffrom any court or ofiice; (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 ofthe Lokayukta, is not in a position to attend the proceeding before the Lokayukta; and (vi) such other matters as may be prescribed. Any proceeding before the Lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 ofthe lndian Penal Code, 1860. The Lokayukta may, for the purpose of conducting any preliminary inquiry or investigation, utilise the services ofany officer ororganisation or investigation agency ofthe Government. For the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry or investigation, any officer or organisation or agency whose services are utilised under sub-section (1) may, subject to the superintendence and direction of the Lokayukta, (a) summon and enforce the attendance ofany person and examine him; (b) require the discovery and production of any document; and (c) reguisition any public record or copy thereoffrom any office. The officer or organization or agencywhose services are utilized under sub-seclion (2) shall inquire or, as the case may be, investigate into any matter pertaining to the preliminary inquiry or investigation and submit a report thereon to the Lokayukta within such period as may be specified by it in this behatf. Where the Lokayukta or any investigating officer authorized by it in this behalf, has reasons to believe, the reason for such belief to be recorded in writing, on the basis of material in his possession, that,- (a) any person is in possession ofany proceeds ofcorruption; (b) such person is accused of having commitled an offence relating to conuption; and (c) such proceeds of offence are likely to be concealed, lransferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence, the Lokayukta or the investigating officer, may, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date ofthe order, in the manner as provided in the Second Schedule to the lncome-taxAct, 1961 and the Lokayukta and the officer shall be deemed to be an officer under sub-rule (e) of rule 1 of that Schedule. The Lokayukta shall,.immediately after attachment under sub-section (1), forward a copy of the order, along with the material in his possession, refened to in that sub-section, to the Special Court, in a sealed envelope, in the manner as may be prescribed and such Court may extend the order of attachment and keep such material for such period as the Court may deem flt. Every orderof attachment made under sub-section ('l ) shall cease to have effect after the expiry ofthe period specified in that sub-section or after the expiry of the period as directed by the Special Court under sub-section (2). Nothing in this section shall preventthe person interested in the enioymentofthe immovable property attached under sub-section (1) or sub-section (2), from such enjoyment. Explanation.-For the purposes of this sub-section, 'person interested', in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property. 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 ofthe proceedings against the public servant in the Special Court. The Special Court may, if it is ofthe opinion that the property provisionally attached had been acquired through corrupt means, make an order for confirmation of attachment ofsuch propertytjllthe completion ofthe proceedings against the public servant in the Special Court. lfthe public servant is subsequently acquitted ofthe charges framed against him, the property, subject to the orders ofthe Special Court, shall be restored to the concerned public servant along wilh benefits from such property as might have accrued during the period ofattachment. lf the public servant ii subsequently convicted ofthe charges ofconuption, the proceeds relatable to lhe offence under the Prevention of Comr ption Act, 1988 shall be confiscated and vest in the Government free from any encumbrance or leasehold interesl excluding any debt due to any bank or financaal 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), (9) and (h) of section 2 of the Recovery of Debts Due to Banks and Financial lnstitutions Act. 1993. (2) 28 (1) (2) (3)