Amendment status not verified — confirm the current text below against the official source.
Power to delegate. 23 this Act, may issue a letter of request to a court or an authority in the contracting State competent to deal with such request to— (i) examine the facts and circumstances of the case; (ii) take such steps as the Special Court may specify in such letter of request; and (iii) forward all the evidence so taken or collected to the Special Court issuing such letter of request. (2) The letter of request shall be transmitted in such manner as may be prescribed. (3) The evidence collected in pursuance of the letter of the request under sub-section (1) by the Special Court shall be made available to the concerned authorised officer. (4) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be evidence collected during the course of the preliminary inquiry or investigation. CHAPTER- X COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF THE LOKAYUKTA 37.(1) The Lokayukta shall not inquire into any complaint made against the Chairperson or any Member. (2) Subject to the provisions of sub-section (4), the Chairperson or any Member shall be removed from his office by order of the Governor on the grounds of misbehaviour after the High Court of Orissa, on a reference being made to it by the Governor on a petition signed by at least twenty five Members of the Legislative Assembly, has, on an inquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairperson or such Member, as the case may be, ought to be removed on such ground. (3) The Governor may suspend from the office, the Chairperson or any Member in respect of whom a reference has been made to the High Court under sub-section (2), on receipt of the recommendation or interim order made by the High Court in this regard until the Governor has passed orders on receipt of the final report of the High Court on such reference. Removal and suspension of Chairperson and Members of Lokayukta. 24 (4) Notwithstanding anything contained in sub-section (2), the Governor may, by order, remove from the office, the Chairperson or any Member, if the Chairperson or such Member, as the case may be,— (a) is adjudged an insolvent; or (b) engages himself during his term of office, in any paid employment outside the duties of his office; or (c) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body. (5) If the Chairperson or any Member is, or becomes, in anyway concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (2), be deemed to be guilty of misbehaviour. 38.(1) Every complaint or allegation made against any officer or employee or agency under, or associated with, the Lokayukta for an offence punishable under the Prevention of Corruption Act, 1988 shall be dealt with in accordance with the provisions of this section. (2) The Lokayukta shall complete the inquiry into the complaint or allegation made within a period of thirty days from the date of its receipt. (3) While making an inquiry into the complaint against any officer or employee of the Lokayukta or agency engaged or associated with the Lokayukta, if it is prima facie satisfied on the basis of evidence available, that continuance of such officer or employee of the Lokayukta or agency engaged or associated in his post while conducting the inquiry is likely to affect such inquiry adversely or is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the Lokayukta may, by order, suspend such officer or employee of the Lokayukta or divest such agency engaged or associated with the Lokayukta of all powers and responsibilities heretobefore exercised by it . (4) On completion of the inquiry, if the Lokayukta is satisfied that there is prima facie evidence of the commission of an offence under the Prevention of Corruption Act, 1988, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute such officer or Complaints against officials of Lokayukta. 49 of