The MIZORAM LOKAYUKTA ACT, 2014
mizoram · 2014
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Short Title, extent and commencement (1) This Act may be called the Mizoram Lokayukta Act, 2014
- S. 2Section 2 defines key terms used in the Mizoram Lokayukta Act, 2014, including "Action," "Bench," "Chairperson," "Competent authority," and "Complaint."
- S. 3Section establishes the Lokayukta in Mizoram with independent judicial and non-judicial members to address corruption.
- S. 4Section 4 outlines the formation of a Selection and Search Committee to recommend and select Lokayukta members in Mizoram.
- S. 5Section 5 mandates the Governor to initiate appointments for Chairperson and Members three months before their term ends.
- S. 6Section 6 sets the five-year term or age 70 retirement for the Chairperson and Members of the Mizoram Lokyukta.
- S. 7Section 7 sets the salary, allowances, and service conditions for the Chairperson and Members of the Mizoram Lokayatka, aligning them with High Court officials, with pension adjustments.
- S. 8Section 8 bars former Lokayukta officials from re-employment in certain government positions and elections for five years.
- S. 9Section authorizes the Governor to appoint the senior-most Member to act as Chairperson in vacancies or absences.
- S. 10Section 10 details the appointment process for the Secretary, Director, and staff of the Lokayukta in Mizoram.
- S. 11Section 11 establishes a Directorate for prosecution of complaints against public servants, with the Director filing cases in Special Courts.
- S. 12Section 12 funds Lokayukta's administrative costs from the Consolidated Fund of the State.
- S. 13Section 13 empowers the Lokayukta to conduct inquiries into corruption allegations against specified public officials and employees.
- S. 14Section 14 transfers pending corruption cases to the Lokayukta except those in court.
- S. 15Section 15 outlines the constitution and jurisdiction of benches for the Lokayukta in Mizoram.
- S. 16Section 16 allows the Chairperson to distribute Lokayukta's business among benches and specify matters each bench handles.
- S. 17Section allows the Chairperson to transfer pending cases between benches upon application.
- S. 18Section 18 allows the Chairperson to decide on points of disagreement among an even-numbered bench of members.
- S. 19Section 19 outlines the Lokayukta's procedure for preliminary inquiry and investigation into complaints against public servants.
- S. 20Section 20 allows the Lokayukta to investigate and give a hearing to any person whose conduct or reputation may be affected by the inquiry.
- S. 21Section 21 allows the Lokayukta or investigating authority to request information or documents from public servants or others for preliminary inquiries or investigations.
- S. 22Section 22 exempts Lokayukta investigations from requiring sanction and allows Special Courts to take cognizance of public servant offenses.
- S. 23Section 23 allows the Lokayukta to file a case in a Special Court if corruption is found after investigation.
- S. 24Section mandates Lokayukta to maintain transparency, publish investigation records, and comply with Right to Information Act.
- S. 25Section 25 grants the Lokayukta powers to investigate, prosecute, and recommend disciplinary actions against corrupt public servants in Mizoram.
- S. 26Section 26 authorizes the Lokayukta to authorize searches and seizures of relevant documents and articles for investigations under the Act.
- S. 27Section 27 grants the Lokayukta powers equivalent to a civil court for preliminary inquiries and investigations.
- S. 28Section 28 allows the Lokayukta to use government officers or agencies for preliminary inquiries or investigations.
- S. 29Section 29 allows the Lokayukta to provisionally attach property believed to be proceeds of corruption for up to 90 days.
- S. 30Section 30 details the process for confirming the attachment of property suspected of corruption by a public servant, with potential confiscation if convicted.
- S. 31Section 31 allows the Lokayukta to recommend transfer or suspension of a public servant during corruption inquiry if their presence could harm the investigation or they might tamper with evidence.
- S. 32Section 32 empowers the Lokayukta to direct public servants to safeguard documents and prevent asset transfers linked to corruption.
- S. 33Section 33 allows the Lokayukta to delegate administrative or financial powers to specific members or staff.
- S. 34Section establishes Special Courts to expedite corruption cases, aiming for trial completion within 12 months.
- S. 35Section 35 outlines the procedure for issuing letters of request to obtain evidence from other states for investigations under the Mizoram Lokayukta Act.
- S. 36Section 36 outlines the process for removing or suspending Lokayukta's Chairperson and Members due to misbehavior or incapacity.
- S. 37Section 37 outlines procedures for handling complaints against Lokayukta officials, including inquiry, suspension, and prosecution.
- S. 38Section 38 allows the Special Court to assess and recover quantifiable losses caused by corrupt public servants from them or their beneficiaries.
- S. 39Section mandates Lokayukta to prepare and submit its budget for the next financial year to Mizoram government.
- S. 40Section 40 authorizes the Mizoram government to allocate funds for Lokayukta salaries, allowances, and administrative expenses.
- S. 41Section 41 mandates the Lokayukta to maintain accounts and records, with annual audits by the Accountant General of Mizoram.
- S. 42Section 42 mandates the Lokayukta to provide the State Government with required returns and statements on matters under its jurisdiction.
- S. 43Section 43 mandates public servants to declare and annually report their assets and liabilities to the competent authority.
- S. 44Section presumes undisclosed or misleading assets of public servants to be corruptly acquired unless proven otherwise.
- S. 45Section 45 provides for compensation and penalties for false complaints leading to the arrest of public servants.
- S. 46Section 46 holds individuals in charge of societies or trusts liable for offenses committed by these entities, with additional liability for directors or officers involved.
- S. 47Section mandates Lokayukta to annually report to Governor, who then presents it to Mizoram Legislative Assembly with reasons for non-acceptance of recommendations.
- S. 48Section protects public servants from legal actions for good faith actions in official duties.
- S. 49Section 49 protects Lokayukta officials from legal actions for actions done in good faith under the Act.
- S. 50Section 50 designates Lokayukta officials as public servants under the Indian Penal Code.
- S. 51Section 51 bars civil courts from hearing matters the Lokayukta is authorized to determine.
- S. 52Section 52 allows the Lokayukta to provide legal defense assistance to individuals against whom complaints are filed.
- S. 53Section 53 ensures the Mizoram Lokayukta Act overrides any conflicting laws or instruments.
- S. 54Section 54 ensures the Mizoram Lokayukta Act complements, rather than overrides, existing laws.
- S. 55Section 55 grants the Lokayukta the same contempt powers as a High Court under the Contempt of Courts Act, 1971.
- S. 56Section 56 provides protection for whistleblowers under the Mizoram Lokayukta Act by applying relevant provisions from the Anti-Corruption Act.
- S. 57Section 57 authorizes the State Government to create rules to implement the provisions of the Mizoram Lokayukta Act, 2014.
- S. 58Section 58 empowers the Lokayukta to create regulations to implement the provisions of the Act, including staff conditions, investigation procedures, and website disclosures.
- S. 59Section 59 mandates rules and regulations made under the Act to be presented to the Mizoram Assembly for thirty days, with potential modifications.
- S. 60Section 60 allows the Mizoram government to issue orders to resolve issues in implementing the Act, subject to legislative review.