THE KARNATAKA LOKAYUKTA (SECOND AMENDMENT) ACT, 2020
KARNATAKA ACT NO. 36 OF 2020
(First Published in the Karnataka Gazette Extra-ordinary on the 19th day of October, 2020)
(Received the assent of Governor on the 19th day of October, 2020)
An Act further to amend the Karnataka Lokayukta Act, 1984.
Whereas, it is expedient further to amend the Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Seventy First year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Lokayukta (Second Amendment) Act, 2020.
(2) It shall come into force at once.
2. Amendment of Section 9.- In the Karnataka Lokayukta Act, 1984 (hereinafter referred to as the principal Act), in section 9, after sub-section (3), the following shall be inserted, namely:-
“(3A) The preliminary inquiry contemplated by the Lokayukta or the Upalokayukta before ordering an investigation under sub-section (3), shall ordinarily be completed within a period of ninety days and for the reasons to be recorded in writing within a further period of ninety days from the date of receipt of complaint.
(3B) In case the Lokayukta or the Upalokayukta, after making such preliminary inquiry, decides to conduct investigation as referred to in sub-section (3), he shall get the investigation conducted as expeditiously as possible and preferably within a period of six months from the date of the order made by him initiating investigation under sub-section (3).
Provided that, the Lokayukta of the Upalokayukta may extend the said period by a further period not exceeding six months at a time for the reasons to be recorded in writing:
Provided further that, any delay in completion of preliminary enquiry or investigation as stated above shall not vitiate the proceedings or cause prejudice, cannot be taken as a defence.”
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3. Amendment of section 12.- In section 12 of the principal Act,-
(i) in sub-section (1), after the words “by a report in writing”, the words “within three months or at any event not later than four months from the date of complaint” shall be inserted;
(ii) in sub-section (3),-
(a) after the words “by a report in writing” the words “within six months from the date of commencement of the investigation” shall be inserted; and
(b) after sub-section(3), the following proviso shall be inserted namely:-
“Provided that, the Lokayukta or the Upalokayukta may extend the said period by a further period of not exceeding six months for the reasons to be recorded in writing.”
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