Amendment status not verified — confirm the current text below against the official source.
( 1 ) Where, after the conclusion of the investigation, the findings of the Lokayukta disclose the commission of an offence under the Prevention of Corruption Act, 1988 (49 of 1988) by a public servant referred to in sub-section ( 1 ) of section 12, the Lokayukta may, after obtaining sanction for prosecution of the competent authority, instruct the concerned investigating authority to file a case in the Special Court and shall send a copy of the report together with its findings to the competent authority : Provided that, the competent authority shall convey its decision under this sub-section within a period of three months to the Lokayukta, which may, for reasons to be recorded in writing by such authority, be extended by a period of one month : Provided further that, if the competent authority fails to convey its decision within the said time limit, the Lokayukta may take action as he deems fit: Provided also that, the provisions of first and second provisos shall not be applicable in case of complaint against Chief Minister. ( 2 ) A Special Court may, notwithstanding anything contained in 1 [section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)] or section 19 of the Prevention of Corruption Act, 1988 (49 of 1988), on filing of a charge sheet on completion of investigation, by the Lokayukta or any officer authorized by it in this behalf, take cognizance of offence committed by any public servant. ( 3 ) Nothing contained in sub-sections ( 1 ) and ( 2 ) shall apply in respect of the persons holding the office in pursuance of the provisions of the Constitution of India and in respect of which a procedure for removal of such person has been specified therein. ( 4 ) The provisions contained in sub-sections ( 1 ), ( 2 ) and ( 3 ) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause ( c ) of clause ( 3 ) of article 320 of the Constitution of India.