JURISDICTION OF LOKAYUKTA

Bar of inquiry or investigation.

§13

Summary

(1) Notwithstanding anything contained in any Act, in the following cases, the Lokayukta shall not make an inquiry or investigation on complaint under this Act,- (i) where same or similar issues of complaint are pending before any court ; (ii) any matter involved in, or arising from, or connected with, any such allegation of corruption against any Member of the State Legislature in respect of anything said or a vote given by him in the State Legislature or any committee thereof covered under the provisions contained in clause (2) of article 194 of the Constitution of India ; (iii) in respect of a matter which has been referred to for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952) : Provided that, the Lokayukta may investigate the matters if the State Government has not taken any action against corruption as held by the inquiry Commission within a period of two years from the date of submission of the report to the State Government ; (iv) in the case of a complaint involving a grievance in respect of any action,- (a) if such action relates to any matter specified in the Second Schedule; or (b) if the complainant has or had any remedy by way of proceedings before any tribunal or court: Provided that, the Lokayukta may conduct an investigation notwithstanding that the complainant had or has such a remedy if the Lokayukta is satisfied that such person could not or cannot, for sufficient cause, have recourse to such remedy ; (v) any complaint involving a grievance, if the complaint is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant : Provided that, the Lokayukta may entertain a complaint if the complainant satisfies him that he had sufficient cause for not making the complaint within the period specified in that clause ; (vi) any complaint involving an allegation, if the complaint is made after the expiry of three years from the date on which the action complained against is alleged to have taken place. (2) Notwithstanding anything contained in any Act, any court or any State Agency shall not make an inquiry or investigation under any Act on complaint of corruption, where the complaint is made by any person on same or similar issues to Lokayukta and an inquiry or investigation is being conducted on such complaint, by any State Agency or an inquiry or investigation has been completed by such Agency, on the directions of the Lokayukta: Provided that, in cases where charge-sheet has been filed in court under this Act, on the directions of the Lokayukta, the court can make an inquiry or investigation, if necessary, in such cases. (3) The matters of which a complaint has been made to the Lokayukta under this Act shall not be referred to for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952). Explanation.— For the removal of doubts, it is hereby declared that a complaint under this Act shall only relate to a period during which the public servant was holding office or post in public service or serving in that capacity.

(1) Notwithstanding anything contained in any Act, in the following cases, the Lokayukta shall not make an inquiry or investigation on complaint under this Act,- (i) where same or similar issues of complaint are pending before any court ; (ii) any matter involved in, or arising from, or connected with, any such allegation of corruption against any Member of the State Legislature in respect of anything said or a vote given by him in the State Legislature or any committee thereof covered under the provisions contained in clause (2) of article 194 of the Constitution of India ; (iii) in respect of a matter which has been referred to for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952) : Provided that, the Lokayukta may investigate the matters if the State Government has not taken any action against corruption as held by the inquiry Commission within a period of two years from the date of submission of the report to the State Government ; (iv) in the case of a complaint involving a grievance in respect of any action,- (a) if such action relates to any matter specified in the Second Schedule; or (b) if the complainant has or had any remedy by way of proceedings before any tribunal or court: Provided that, the Lokayukta may conduct an investigation notwithstanding that the complainant had or has such a remedy if the Lokayukta is satisfied that such person could not or cannot, for sufficient cause, have recourse to such remedy ; (v) any complaint involving a grievance, if the complaint is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant : Provided that, the Lokayukta may entertain a complaint if the complainant satisfies him that he had sufficient cause for not making the complaint within the period specified in that clause ; (vi) any complaint involving an allegation, if the complaint is made after the expiry of three years from the date on which the action complained against is alleged to have taken place. (2) Notwithstanding anything contained in any Act, any court or any State Agency shall not make an inquiry or investigation under any Act on complaint of corruption, where the complaint is made by any person on same or similar issues to Lokayukta and an inquiry or investigation is being conducted on such complaint, by any State Agency or an inquiry or investigation has been completed by such Agency, on the directions of the Lokayukta: Provided that, in cases where charge-sheet has been filed in court under this Act, on the directions of the Lokayukta, the court can make an inquiry or investigation, if necessary, in such cases. (3) The matters of which a complaint has been made to the Lokayukta under this Act shall not be referred to for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952). Explanation.— For the removal of doubts, it is hereby declared that a complaint under this Act shall only relate to a period during which the public servant was holding office or post in public service or serving in that capacity.

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