Bare ActsThe UTTARAKHAND LOKAYUKTA ACT, 2014

Section 31

Amendment status not verified — confirm the current text below against the official source.

(1) Without prejudice to the provisions of sections 29 and 30, where the Special Court, on the basis of prima facie evidence, has reason to believe or is satisfied that the assets, proceeds, receipts and benefits, by whatever name called, have arisen or procured by means of corruption by the public servant, it may authorise the confiscation of such assets, proceeds, receipts and benefits till his acquittal. (2) Where an order of confiscation made under sub-section (1) is modified or annulled by the High Court or where the public servant is acquitted by the Special Court, the assets, proceeds, receipts and benefits, confiscated under sub-section (1) shall be returned to such public servant, and in case it is not possible for any reason to return the assets, proceeds, receipts and benefits, such public servant shall be paid the price thereof including the money so confiscated with interest at the rate of five per cent. per annum thereon calculated from the date of confiscation. Power of Lokayukta to recommend transfer or suspension of public servant connected with allegation of corruption 32.(1) Where the Lokayukta, while making a preliminary inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available,— (i) that the continuance of the public servant referred to in clause (d) or clause (e) or clause (f) of sub-section (1) of section 14 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry adversely; or (ii) Such public servant is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the Lokayukta may 72 recommend to the State Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order. (2) The State Government shall ordinarily accept the recommendation of the Lokayukta made under sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible to do so for administrative reasons. Power of Lokayukta to give directions to prevent destruction of records during preliminary inquiry

Section 31 – The UTTARAKHAND LOKAYUKTA ACT, 2014 | DailyLaw.ai