Himachal Chief Minister Virbhadra Singh on Wednesday brought a fresh and stronger lokayukta Bill in the Assembly, based largely on Centre’s lokpal and lokayukta Bill of 2013, which gives power to conduct searches, seizure and independent enquiry and prosecution wings for lokayukta.
The Bill also makes the lokayukta a multi-member body and gives it enhanced power to curb corruption in Government offices and ensuring time-bound investigation and prosecution. Virbhadra Singh said that it was necessary to make lokayukta an independent and autonomous body to check corruption. The Bill was tabled in the House in the absence of Opposition BJP which continued the boycott of session on Wednesday also. The Bill brings the Chief Minister, Ministers, MlAs, officers of State Government posted and outside the State, members of boards or corporation under its purview.
The Bill says that lokayukta shall consist of a chairperson who is or has been a judge of Supreme Court or a Chief Justice of a High Court and two members out of whom one shall be a judicial member. To make the appointment process transparent, the chairperson and members shall be appointed by the Governor after obtaining the recommendation of the selection committee.
The selection committee comprises of Chief Minister, Speaker of legislative Assembly, leader of Opposition, Chief Justice of High Court or a judge of the High Court nominated by him and one eminent jurist to be nominated by the Governor. The lokayukta will now have a separate inquiry wing having all the powers of a civil court like summoning any person and requisitioning any public record. The prosecution wing, headed by the director of prosecution, after having been so directed by the lokayukta can file a case before a special court.
The bill also provides a provision for constitution of special courts recommended by the lokayukta to hear and decide the case. The special courts constituted shall ensure completion of each trial within a period of one year from the date of filing of the case in the court. The bill also incorporates provisions for attachment and confiscation of property acquired by corrupt means till the completion of investigation. The lokayukta, on receipt of complaint, will complete preliminary inquiry within 90 days. In case the lokayukta decides to proceed to investigate into the complaint, it shall direct any agency to carry out the investigation and it will be completed within six months.
lokayukta shall not inquire into any complaint against the chairperson and members but its officials come under the purview of the proposed act. In order to discourage frivolous complaints, the bill proposes an imprisonment up to one year and a fine up to one lakh. The bill also makes it mandatory for public servants to make a declaration of their assets and liabilities in the manner as provided by or under the Act. A public servant shall within a period of thirty days from the date on which he makes and subscribes an oath of affirmation to enter upon his office.
The Himachal Pradesh lokayukta Act, 2014 will repeal the existing Himachal Pradesh lokayukta Act, 1983. A similar bill was also brought by the previous BJP Government which was passed by the Assembly and was waiting for the President's nod.