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State of Gujarat - Section

Section 12 in Gujarat Lokayukta Aayog Act, 2013

12. Procedure in respect of investigations.

(1)Where the Lokayukta Aayog proposes, after making such preliminary inquiry as it deems fit to conduct any investigation under this Act, it -
(i)shall forward a copy of the complaint or in the case of any investigation which it proposes to conduct on his own motion, a statement setting out the grounds therefor to the public functionary concerned and the competent authority concerned,
(ii)shall afford to the public functionary concerned an opportunity to offer his comments on such complaint or statement, and
(iii)may make such orders as to the safe custody of documents relevant to the investigation, as it deems fit.
(2)Every such investigation shall be conducted in private and, in particular the identity of the complainant and of the public functionary affected by the investigation and the proceedings, including evidence collected, of the Lokayukta Aayog shall not be disclosed to the public or the press or published in any manner whether before, during or after the investigation:Provided that, the Lokayukta Aayog may conduct any investigation relating to a matter of definite public importance in public, if it, for reasons to be recorded in writing, thinks fit to do so.
(3)Every investigation or inquiry shall be completed within a period of six months.
(4)Save as aforesaid, the procedure for conducting any such investigation shall be such as the Lokayukta Aayog considers appropriate in the circumstances of the case.
(5)The Lokayukta Aayog may, in its discretion, refuse to investigate or cease to investigate any complaint, if in its opinion-
(a)the complaint is frivolous or vexatious, or is not made in good faith; or
(b)there are no sufficient grounds for investigating or as the case may be, for continuing the investigation; or
(c)other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies.
(6)In any case where the Lokayukta Aayog decides not to entertain a complaint or to discontinue any investigation in respect of a complaint, it shall record the reasons therefor and communicate the same to the complainant and the public functionary concerned.
(7)The conduct of an investigation under this Act in respect of any action shall not affect such action, or any power or duty of any public functionary to take further action with respect to any matter subject to the investigation.
(8)Whoever discloses to the public or to the press any information or publishes such information in contravention of the provisions of this section shall, on conviction, be punished with imprisonment for a term which may extend to two years and shall also be liable to fine of rupees two lakhs.
(9)If, at any stage of the proceeding, the Lokayukta Aayog -
(a)considers it necessary to inquire into the conduct of any person other than the prospective accused; or
(b)is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the inquiry, it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defense, consistent with the principles of natural justice.