CLAA 7

Section 7 · Matters not subject to inquiry

(1)

Except hereinafter provided, Lok Aayog shall not conduct any inquiry under this Adhiniyam in the case of complaint in respect of any action it such action relates to any matter specified in the Third Schedule.

(2)

Lok Aayog shall not inquire into any action,-

(a)

in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1950 (Act No. 37 of 1950); or

(b)

in respect of a matter which has been referred for enquiry under the Commissions of Inquiry Act, 1952 (Act No. 60 of 1952).

(3)

Lok Aayog shall not inquire into any complaint,-

(a)

if it is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant;

(b)

it it is made after the expiry of five years from the date on which the action complained against is alleged to have taken place :

Provided that Lok Aayog may entertain a complaint referred to in clause (a), if the complainant satisfies it that he had sufficient cause for not making the complaint within the period specified in that clause.

(4)

Nothing in this Adhiniyam shall be construed as empowering the Lok Aayog to question any administrative action involving the exercise of a discretion, except where it is satisfied that the elements involved in the exercise of the discretion are absent to such an extent that the discretion cannot be regarded as having been properly exercised.

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