Odisha on Friday earned the distinction of being the first State in the country to enact the lokayukta Act-2014. It was done on the last day of the last session of the 14th Assembly.
The law would bring to its ambit the Chief Minister and the Council of Ministers, elected representatives of Assembly, PRIs and urban bodies, besides public servants and employees of societies and associations getting Government grants. The lokayukta is armed with power to hear and investigate the graft charges under the provision. The anti –corruption legislation envisages ouster of the Chair-person and Members of the lokayukta on petition of 25 MlAs. To make the lokayukta more transparent and accountable, all the accounts of the lokayukta establishment would be audited by the Comptroller and Auditor General of India (CAG).
The Bill having sixty clauses was introduced by Parliamentary Affairs Minister Kalpataru Das on behalf of the Chief Minister and the current session was extended by a day to enable the passing of the important Bill. The Bill was debated threadbare and adopted after three days of clause wise discussion as opposition Congress Members forced seven amendments to be incorporated in the legislation. The Opposition had brought 27 amendments, of which only seven could be accepted through division and voice votes.
The Bill provides to probe corruption charges made against NGOs, contractors and suppliers dealing with Government money. It has the provision of penalty for those making false and frivolous or vexatious complaint with imprisonment up to one year and fine which may extend up to Rs 1 lakh. Special courts will be set up for trial of such cases. The new Act will give authority to the lokayukta to recommend the State Government to transfer and suspend any public servant found guilty.
As per the qualification, the Chairman of the lokayukta will either be a sitting or former High Court judge and the commission would consist of at least two judicial members. There would be three non-judicial members of whom one member has to be either a woman or a representative from SC/ST and minority communities. The lokaykta should be at least 50 years of age as per the amendment.
The lokayukta will be nominated by a selection committee headed by the Chief Minister and comprising others including the leader of the Opposition, Assembly Speaker, Chief Justice of the Orissa High Court or a judge nominated by him and an eminent jurist nominated by the Governor. The chairman of the lokayukta would be appointed by the Governor on the recommendation of the selection committee.
The lokayukta will not inquire into complaint made against the chairperson or any other member. The legislation also envisages that the lokayukta can constitute inquiry wing headed by Director of Inquiry for conducting preliminary inquiry into the allegations. The lokayukta establishment will also have a prosecution wing with Director of Prosecution as the chief.