Amendment status not verified — confirm the current text below against the official source.
Procedure in respect of Preliminary Inquiry and Investigation: (1) The Lokayukta shall, on its own motion or on receipt of a complaint, first decide whether to proceed in the matter or close the same and if the Lokayukta decides to proceed further, it shall order the preliminary inquiry against any public servant by its Inquiry Wing or any agency (including any special investigation agency) to ascertain whether there exist a prima facie case for proceeding in the matter. (2) During the preliminary inquiry referred to in sub section (1), the Inquiry Wing or any agency shall conduct a preliminary inquiry and on the basis of material, information and documents collected, submit within seven days from the date of receipt of the reference, a report to the Lokayukta. (3) A bench consisting of at least two Members of the Lokayukta shall consider every report received under sub-section (2) from the Inquiry Wing or any agency and after giving an opportunity of being heard to the public servant, decide as to whether there exists a prima facie case, and make recommendations to proceed with one or more of the following actions, namely:— (a) investigation by any agency (including any special investigation agency); (b) any appropriate action against the concerned public servants by the competent authority; (c) closure of the proceedings against the public servant. (4) Every preliminary inquiry referred to in sub-section (1) shall ordinarily be completed within a period of 7 (seven)days from the date of receipt of the complaint. (5) In case the Lokayukta decides to proceed to investigate into the complaint, it shall direct any investigation agency (including any special agency) to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order: Provided that the Lokayukta may extend the said period by a further period not exceeding three months at a time for the reasons to be recorded in writing. (6) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any investigation agency (including any special agency) shall, in respect of cases referred to it by the Lokayukta, submit the investigation report to the Lokayukta. (7) A bench consisting of at least two Members of the Lokayukta shall consider every report received by it under sub-section (6) from any investigation agency (including any special agency) and may, decide as to— (a) file charge-sheet or closure report before the Special Court against the public servant; (b) any appropriate action against the concerned public servants by the competent authority. (8) The Lokayukta may, after taking a decision under sub-section (7) on the filing of the chargesheet, direct – (a) its prosecution Wing to initiate prosecution in the Special Court in respect of the cases investigated by the investigation agency (including any special agency); or (b) any other agency in respect of the cases investigated by such agency on the direction of Lokayukta to obtain its approval and thereafter initiate prosecution in the Special Court and forward a copy of charge-sheet filed by it under this clause to the Lokayukta for the purposes of superintendence . - 12 - Ex-398/2014 (9) The Lokayukta may, during the preliminary inquiry or the investigation, as the case may be, pass appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation, as it deems fit. (10) The Lokayukta may retain the original records and evidences, which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it or by the Special Court. (11) Save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or investigation (including such material and documents to be made available to the public servant) under this Act, shall be such as may be specified by regulations.