Bare ActsThe Tripura Lokayukta Act, 2008

Section 8

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Provided that- (a) the Lokayukta may, in writing under his hand addressed to the Govemor, resign his office; (b) the Lokayukta may be removed from office in the manner provided in section 6. -" (2) The Lokayukta shall before he enters upon his office, make and subscribe before the Governor. or some other person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Schedule to this Act. (3) On ceasing to hold ojfice. the Lokayukta shall be ineligible for further appointment as the Lokayukta or for any employment under the State Government or under the local authority, University, statutory body or corporation, society, co- operative society, Government Company, or other body or corporation constituted by or under any State law. . (1) The Lokayukta shall not be removed from his office except by an order of the Governor, passed after an address by the Legislative Assembly of the State supported by a majority of the total membership of the ‘House and by a majority of not less than two-thirds ofthe members of that House present and voting, has been presented to the Governor in the same session for such removal on the ground of proved misconduct including corrupt practice or incapacity. ' (2) The procedure for the presentation of an address and for the investigation and proof of the misconduct including corrupt practice or incapacity of the Lokayukta under sub-section (1) shall be as provided in the Judges (Inquiry) Act, I968, in relation to the removal of a Judge and, accordingly, the provisions of that Act shall apply, muratis murandis, in relation to the removal of the Lokayukta as they ap-p'ly in relation to the removal of a Judge. Every investigation on any complaint alleging corrupt practices against -the public functionaries under this Act shall be initiated by the Lokayukta with the prior approval ofthe competent authority. (1) The Lokayukta shall not investigate any complaint alleging corrupt practices against any public functionary in respect of which a fomtal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850. - 4 (2) The Lokayukta shall not investigate any complaint alleging corrupt practices against any public functionary, if such complaint is made after the expiry of one year tiorn the date on which the action complained of is alleged to have taken place: ~ ' _ ._-..._. r 5 I. _ ...-_ _ _ _ Bar of investigation against Govt. servant Provision relating to complaints Procedure in respect of investigation 0 1 9 1 Provided that the Lokayukta may. on being satisfied on the facts and circumstances of the ease that the delay has been properly explained or that it is necessary so to do in the interest ofjustice, condone the delay and investigate the complaint. (3) The Lokayukta shall not, except on a reference by a Court of law. investigate any matter which is under adjudication by such Court of law. . Notwithstanding anything contained in any of the provisions of this Act. the Lokayukta shall not investigate any complaint against a Government servant.

Section 8 – The Tripura Lokayukta Act, 2008 | DailyLaw.ai