Amendment status not verified — confirm the current text below against the official source.
Issue of :,emch wa11ant rtc.-(1) Where m comequenre of infor- mation in IllS posse~swn, the Lok Ayukta 01 an Ura-Lok Ayukta,- (a) has reason to bche\·c that any person- (t) to whom a summons or notice under tht; Act has been ot mtght be issued, wtll not or Vvould not produce or cause to be pt educed any property, document or thmg which wtll be necessary or useful for, or relevant to, any inquit y or other proceedtng to l'e conducted by him, (ll) 1s m possession of any money, bullwn,Jewcllery or other valuable article or thmr, and such money, bullwn, Jewellery or other \'aluable arucie or thmg represents, etthet wholly or partly, mcome or property whtch has not been disclo~ed to tht> authot ittes for the purpose of any law or rule m force, wluch requu es such dtsclosure to be made; or (b) consider that the purposes of any mqUJry or other proceedmgs to be conducted by htm Wtlt be served by a genet a! search or mspection, he may be by a search wa!fant authorise any Pohce Officer, not below the rank of a Deputy Superintendent of Pchce, to conduct a search or carry out an inspectiOn m accordance thereWith and in particular to- (A) enter "nd search any butldmg or place where he ha5 reason to suspect tha~ such property, document, money, bullion, JCWellery or other valuable arttcic or thmg JS kept; (B) sear~h any pet son who :s 1 cason!l bly suspected, of concealmg about lm person any at ttcie, for wh1ch search should be made; ~) break open the lock of any door, box, locker, ~afe, almirah or other receptacle, for exerc1sing the powers conferred by item (A), where the key~ thereof are not available, (D) seize any such property, document, money, bulhon,jewellery or other valuable article or thing found a~ a. result of such search; 72 (E) place mat k~ of iclcnttfication on any propct ty ot· documcn l or make or cau~c to be 111:1d~ C\tract ~or COj)JC.> thct ell om; or (F) make a note or an mventot y of any such pzopcz ty, document, money, bullzon, Jewellery or other\ aluctblc az t1clc 01 thmg. (2) The ptOVJSIOnsofthcCodc ofCununa!P10cedute, 1973 (Ccnua1 Act 2ofl974), relatmg toscarch andsetzure shallapply,sofarasmaybe,to scat chcs and scrzurcs under sub-sccuon (I). (3) A wat rant I'><;ucd undenub-<;cctioa ( 1) foz all put po<;es be deem~d to be a wan ant J~sucd by a court under scctwn 93 of the Code of Crimmal Procedure, 1973 (Central Act 2 of 1974). II. Evzdence.-( I) SubJeCt to the pt ovtstom of thts sect ton, for the purpose of any mvestJgat,on (mdudmg the preliminary mqu1ry, rl any, before '>Uch mvcstJgatwn) under t!Hs Act, the Lok Ayukta or an Upa-Lok Ayukta may reqUire any pubhc servant or any othrr person who, m hts opmton, is able to furntsh mformatton or produce documents relc\·an• to the investtgatton to furmsh any such mformatwn or produce any such document. (2) For the purpose of any such investtgatton (tncludmg thr pt eluni- nary inqUiry), the Lok Ayukta or an Upa-Lok Ayukta shall have all the powers of a Ctvtl Court, wl11lc ti ymg a SUit under the Code of Ctnl Procedure, 1908 (Central Act 5 of 1908), m tespect of the follO\vmg matters, namely:- (a) (b) (c) (d) (c) (f) summoning and cnforcmg the attendance of any person and examtnmg htm on O(l.th, requitmg the dJscoveiy--::nd pwduct1on, of any document; receJVmg ev1dence on affidavtb, requtsittOnmg any public recot d or copy thet cof fz om any court ot offict>; tssutng commJs>wn for the examinatiOn of witnc%es or document~, • such other matters as may be pt escnbed. • (3) Any proceeding before the Lok Ayukta or an lJpa-Lok Ayukta shall be deemed to be a JUdtcial proceedmg wJthin the meantng of sectJOn 193 of the Indian Penal Code (Centtal Act 45 of 1860). (4) No person shall be tequued or authorised by vtrtue oft?l.is Act ,..,... to furntsh any such mformattOn or answer any such questwn or produce so much of any document,- ( a) as Imght ptejud!Ce the affans of the State or the security or defence or mternatJOnal relations of Indta (mcludmg Indta's relation Wtth the Government of any other country or W1th any 1nternat10nal organisation); 73 (b) as might im·olve the disclosure of proceedmg; of the Cabinet of the Government of Kerala or any Committee of that Cabinet and for the purpose ofth1s sub-section a certificate I%ued by the ChiefSecretaq certifymg that any Infm mat ion, answer or portion of a document is of the natUI e specified m clause (a) or clamc (b) ~hall be bmdmg and condu~nre ( 5) For the purpose of mvesugauon under this Act, no person. shall be compelled to g1ve any evidence or produce any document wh1ch he could not be compelled to g1ve or produce in proceedings before a court. 12 Reports of Lok Ayukta etc.-(1) If, after invest1gatwn of any act•on in re~p('Ct of which a complamt involvmg gu<>vance has been made, the Lok Ayukta or an Upa-Lok Ayukta IS satisfied that such action has resulted m !11JUStiCe or undue hardship to the complamant or to any other person, the Lok Ayukta or an Upa-Lok Ayukta shall by a report m wntmg, recommend to the competent authonty conct>rned that such lfiJUStice or hardship shall be 1 emed1ed or redre~sed m such manner and within such time, as may be specified m the report c1nd also mtimate the complamant about Its havmg made the report. (2) The competent authonty to whom a report is sent under sub- section (I) shall, WJthm one month of the ell.piry of the penod specified I.ll the 1 ep01 t, mtmute or cause to be IlltJmated, as the case may be, to the Lok Ayukta or the Upa-Lok Ayukta the act1on taken on the report. (3) If, after invesugation of any actiOn m respect ofwhich a complaint involving an allegation has been made, the Lok Ayukta or an Upa-Lok Ayukta ~~ satisfied that ~uch allegatiOn IS substantiated, either ""holly or partly, he ~hall, hy 1 ep01 t m WJJtmg, commumcate Ius findmgs and recommendation~ along with the rcle\'ant document~, mateuab and other evidence to the competent authouty and also mwnate the complamant about Its havmg made the rl'port. (4) The competent auth01ity ~hall exarrune the rep01t forwa1ded to it under ~ulHect~m (3) and, wJthm th1ee month~ of the date of 1 ece1pt of' report, inumat~ or c.-tuse to be mumated to the Lok Ayukta or the Upa-Lok Ayukta, a~ the ca~e may be, the action taken or pwposed to be taken on the basiS of the repf41 t. (j) If the Lok Ayukta or the Upa-Lok Ayukta is sati~fied With the action taken 01 p1 oposcd to be taken on Ius 1 ccommcndat1ons or findmgs rcfcrrc!d to Ill sub·secuons (I) and (3), he ,hall close the case, under Intunat!On to the complamant, the pub he se1 vant and the competent authority concerned; but where he IS not so satiSfied and 1f he considers that the case so deserves, he may make a special report upon the case to the Govc1 no1 and also mform the competent authonty concerned and the complainant. 34j2183f2000i ~viC. 74 (6) The Lok Ayukta shall prc~enL annually a con~ohdated 1 eport on the performance of his functions a~ well as the functwn• of the Upa-Lok Ayuktas, to the Go,·crnor. i (7) On receipt of the '>pccial report under sub-'>ection (5) or the annual report under ~ub-~ecuon (6), the Governor shall cause a copy thereof, togeth~r with an explanatory memorandum, to be laid before the Legislative A<;sembly. (8) The Lok Ayukta 01 an Upa-Lok Ayukta may, at hi'> discretion, make available, from time to tunc, the '>Ubstance of cases closed or otherwise disposed of by h1m which may appear to l11m to b-:: of general, pubhc, academic or profe.;swnal intere'>t, m such manner anq to such persom, as he may deem appropnate. I 3 Pa)'ment of compensation.-If the Lok Ayukta 01 an Upa-Lok Ayukta is satisfied that,- ( a) all or any of the allegations made in a complaint have or has been substantiated, either wholly or partly; and (b) having regard to the expenses in cUI red by the complainant Ill relation to the proceedmgs m respect of such complaint and all other relevant circumstances of the case, the complainant deserves to be compensated, the Lok Ayukta or an Upa-Lok Ayukta, as the case may be, shall determine the amount, wh1ch ':lhall be paid to the complainant by way of compensation aPd the Lok Ayukta or an Upa-Lok Ayukta, as the case may be, shall determine the pen0n by whom, the said compensation shall be paid, after giving that person a 1casonable opportunity of being heard. 14 Pub be Servcnt to vacate office if dzrected b)' Lok Ayukta etc.-(1) Where, after investigation into a complaint, the Lok Ayukta or an Upa-Lok Ayukta is satisfied that the complamt involvmg an allegation agamst the public se1vant IS sub;tantiated and that the public servant concerned should not contll1ue to hold the post held by him, the Lok Ayukta or the Upa-Lok Ayukta, as the case may be, <;hall make a declaration to that effect in hi~ report unde1 sub-section (3) of section 12. Where the co~nQ.etent author1ty 1s the Governor, the Government of Kerala or the Chief Nlmister, he or it :.hall accept the decla1 ation. In other cases, the competent authority concerned shall .end a copy of such report to the Governm~nt, wh1ch shall accept the declaration. (2) When the declaration '>O made is accepted thr fact of such accep- tance sl>all immed1ately be mtimated by registered post, by the Gove1 nt>r, the Gove1 nment or the Chief Minister, if any of them ~~ the competent authonty and the Gove1nment, in other cases and then, notwithstanding anything contained m any law, order, notificatiOn, rule or contract of appointment, the pubhc servant concerned shall, with effect from the date of intimation of such acceptarce or deemed acceptance of the declaration- ( \ I I ! (i) (ii.) 75 if he i> the Chief Minister or a Mm:ster, re<:ign his office of Chief Mm1stcr or Mm1ster, as the c:ue may be; if he Is a public servant falling under items (v) and (v1), but not faihng under Items (1v) and (vu) of clause (o) of ~ection 2, be deemed to have vacated Ius office; and if he ~ a public servant falling under items (iv) and (vii) ,f dame (o) of section 2, be deemed to have been placed undc1 suspension by an order of the appomtmg auth01ity and the appomting authority shall initiate apprcpnate action m accordance WJth the rules applicable to such pubhc ~crvant: Provided that 1f the pubhc ~ervants i~ a member of an All India Service as defined iP section 2 of the All India Services Act, 1951 (Central Act 61 of 1951), the Gov·~rnmeat ~hall take actiOn to keep hun under suspension and initiate appropnate action, m acc01dance with the rule~ or 1cgulations app!Jcabie tO hiS SCI VICe. I 5. Imtzatzon of Prosecutzon.-NotWJth~tandmg anythmg contained in ~ection 14, if after !11\ cstus-auon into any complaint, the Lok Ayukta or an Upa-Lok Ayukta 1s satisfied that the public servant has committed any CI iminal offence and that he should be prosecuted m a court oflaw for such offence, then, he may pa~s an order to that effect and mit~ate p10secution of the pubhc servant concewed, 1f there ~~ no necessity for prior sanction; and, if pnor sanction of any authonty is required, with the ~anction of the appro- priate authonty. l!.xplanatzon:-FOJ the purpose of th1s ~ection,- (a) 'mve~tJgation' mean~ the coUection of evidence rega1dmg the COil rctne<;> or otherwJ~e of the a !legation or gncvance, • (b) 4nitiation of prosecutiOn' means the fihng of a report or a complamt before a court of competent JUrisdiction to take cognisance of an offence. • 16 Staff of Lok Ayukta, etc.-( l) The1 e shall be such officers employees, as may be prescnbed, to ass1st the Lok Ayukta and the Lok t.yuktas in the d1scharge of the1r functiOns under th1s Act. and Upa- (2) The catego11e~ of officers and employees 1 cfencd to in su b-sectwn (I) and their appomtment and other condltlon<> of service mcluding such special conditiom, as may be necec;sary, for enablmg them to act Without fear in the discharge of the1r functwns, shall be such, as may be presc1ibed, in consultation with the Lok Ayukta. 76 (3) Without prejudice to the provisions of sub-sect10n (I), the Lok Ayukta or an Upa-Lok Ayukta may, for the purpose of conducting investi- gations under this Act, ut1lisc the services of,- (a) any officer or mvestJgatmg agency of the State Govewment; or (b) any officer or investigating agency of the Central Government, With the orior concurrence of that Go,ernment; or (c) any othe1 agency. (4) The office1s and other employees zefclled to in sub-section (I) ~hall be under the admmistrdtive and d1sciplmai y control of the Lok Ayukta: Pz O\ 1ded that when the Lok Ayukta i~ unable to d1~chargt: h1~ functions owing to absence, 11lness or any other cause, the sen101 among the Upa-Lok Ayuktas may d.zsch.u·gc the funcuom of the Lok Ayukta under th's sub-sectwn