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State of Gujarat - Section

Section 7 in The Gujarat Lokayukta Act, 1986

7. Matters which may be investigated by Lokayukta.

(1)Subject to the provisions of this Act, the Lokayukta may investigate any action which is taken by, or with the general or specific approval of a public functionary in any case where a complaint involving an allegation is made in respect of such action or such action can be or could have been, in the opinion of the Lokayukta, the subject of an allegation.
(2)No matter in respect of which a complaint is made under this Act shall be referred to a Commission for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952), except on the recommendation or with the concurrence of the Lokayukta;Provided that nothing in this sub-section shall prevent the State Government from referring the matter to such commission for inquiry in its opinion the matter is exceptionally a matter of definite public importance.
(3)Notwithstanding anything contained in sub-section (1), the Lokayukta shall, before proceeding to investigate any action, make such preliminary inquiry as he deems fit for ascertaining whether there exist reasonable ground for conducting the investigation and, if he finds that there exists no such grounds, he shall record a finding to that effect and thereupon the matter shall be closed and the complainant shall be informed accordingly.
(4)An investigation under this section of an action taken by or with the general or specific approval of a public functionary shall not be affected merely on the ground that subsequent to such action such public functionary ceased to hold the capacity in which the action was taken by him or with his approval or ceased to be such public functionary.