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State of Mizoram - Section

Section 25 in Mizoram Lokayukta Act, 2014

25. Powers of Lokayukta.

- The Lokayukta shall, notwithstanding anything contained in any other law for the time being in force, have the powers –
(a)to initiate suo moto appropriate action under this Act against any public servant who is alleged to be/have been involved in any act of corruption;
(b)to exercise superintendence over day to day works of the Lokayukta and give direction to the investigating officers for the smooth and proper investigation and after completion of the investigation;
(c)to prosecute the accused before the special court, and also to recommend punishment of dismissal, removal or reduction in rank and also impose recovery of the loss caused to the public against the erring public servants after giving them full opportunities of being heard. The recommendation may be executed by the appointing authority of the Government within 6(six) months. In the event of non-execution on the part of the concerned department the reason for non- execution is to be laid before the Mizoram State Assembly. While recommending any action Lokayukta will duly consider distinction between bonafide action and an action with malafide intention, and also judgement of error with and without ill-motive;
(d)to ensure the integrity of its functionaries and impose on defaulters punishment either of dismissal, removal or reduction in rank as found deemed fit;
(e)to ensure proper prosecution of cases before Court established by competent authority;
(f)to compound the offence of corruption either
(i)by seizing and confiscating all the assets and properties which are known and admitted that they have been accumulated by means of corrupt practices by the erring public servant; or
(ii)by making an order compelling thereby the defaulting public servant to recover the entire amount of loss to the public treasury within a specified time.
(g)to issue,in case of threat perception, appropriate direction to the Government or to the concerned authority for providing security to ensure that no physical harm or administrative harassment is caused to the witness;
(h)to provide travelling allowance and daily allowance as per existing rates, on demand, to those who are summoned to appear in person before the Lokayukta or the investigating agency for the purpose of investigation.