ACAUT proposal for Nagaland Lokayukta Bill 2017

Section-31: Power of Lokayukta to give directions to prevent destruction of records during preliminary enquiry.—The Lokayukta may, in the discharge of its functions under this Act, issue appropriate directions to a public servant entrusted with the preparation or custody of any document or record–

(a)     to protect such document or record from destruction or damage; or

(b)     to prevent the public servant from altering or secreting such document or record; or

(c)     to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means.

Section-32: Power to delegate.—The Lokayukta may, by general or special order in writing, and subject to such conditions as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its Members or officers or employees as may be specified in the order.

SPECIAL COURTS

Section-33: Special Courts to be constituted by the State Government.—

• The State Government shall constitute such number of Special Courts, as recommended by the Lokayukta to hear and decide the cases arising out of the Prevention of Corruption Act, 1988 or any such laws.

(2)     The Special Courts constituted under sub-section (1) shall ensure completion of each trial within a period of one year from the date of filing of the case in the Court:

Provided that in case the trial cannot be completed within a period of one year, the Special Court shall record reasons therefore and complete the trial within a further period of not more than three months or such further periods not exceeding three months each, for reasons to be recorded in writing before the end of each such three months period, but not exceeding a total period of two years.

Section-34: Letter of request to another State in certain cases.—

(1)     Notwithstanding anything contained in this Act if, in the course of a preliminary enquiry into an offence or other proceeding under this Act, an application is made to a Special Court by an officer of the Lokayukta authorized in this behalf that any evidence is required in connection with the preliminary enquiry or investigation into an offence or proceeding under this Act and he is of the opinion that such evidence may be available in any place in any other State, and the Special Court, on being satisfied that such evidence is required in connection with the preliminary enquiry or investigation into an offence or proceeding under this Act, may issue a letter of request to a court or an authority in another 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 the State Government may prescribe in this behalf.

(3)     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 enquiry or investigation.

Section-35: Removal and suspension of Chairperson or Members.—

(1)     The Lokayukta shall not inquire into any complaint made against the Lokayukta or any Upa-lokayukta.

(2)     Subject to the provisions of sub-section (4), the lokayukta or any Upa-lokayukta shall be removed from his office by order of the Governor on grounds of misbehavior after the High Court, on a reference being made to it by the Governor on a petition signed by at least one-third Members of Legislative Assembly has, on an enquiry held in accordance with the procedure prescribed in that behalf, reported that the Lokayukta or such Upa-lokayukta, as the case may be, ought to be removed on such ground.

(3)     The Governor may suspend from office the Lokayukta or any upa-lokayukta in respect of whom a reference has been made to the High Court under sub- section (2), on receipt of recommendations 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.

(4)     Notwithstanding anything contained in sub-section (2), the Governor, may, by order, remove from the office, the Lokayukta or any Upa-lokayukta  if the Lokayukta or such Upa-lokayukta, as the case may be,–

(a)     is adjudged as insolvent; or

(b)     engages, 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 Lokayukta  or any Upa-lokayukta  is, or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the State Government or participates in any way in the profit thereof or in any benefit or emolument arising there from 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.