The need to strengthen the existing Lokayukta institution in the state has been felt for quite sometime. Similar legislative efforts have been taking place in the Parliament and in the states across the country. As the existing Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983 needs drastic revisions to provide for a strong and independent anti-corruption for the state, this bill is being introduced to replace the existing act. This bill is almost similar to the Lokpal and Lokayuktas bill, 2011 passed by Lok Sabha in December 2011, except for a few modifications. Anti-Corruption Bureau has been brought under the supervision of Lokayukta. A provision for appointing Obmudsman for each district and municipal corporation has been made for an effective decentralized anti-corruption mechanism. A provision for setting up a “Committee on Independent Institutions” drawn from the Assembly, has been incorporated to monitor the broad functioning of the Lokayukta. The bill provides for the appointment of a Lokayukta and Ombudsmen to investigate and report on complaints relating to the conduct of public servants, namely— 1. Chief Minister; 2. All other Ministers and Members of the State Legislature; 3. All officers of the State Government; 4. Chairman, Vice Chairman of local authorities, Statutory bodies or Corporations established by or under any law of the State Legislature, including Co-operative Societies 5. All officers and employees referred to in the clause above or equivalent in any body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of Parliament or of a State Legislature or wholly or partly financed by the State Government or controlled by it; 6. Any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, wholly or partly financed or aided by the State Government and the annual income of which exceeds such amount as the State Government may by notification specify. The Telangana Lokayukta Bill 2014, seeks to, inter alia, provide for the following matters, namely— (i)to set up the institution of Lokayukta for the state of Andhra Pradesh and Ombudsman for each district and municipal corporation, for dealing with complaints related to corruption under this bill; (ii)to provide for a mechanism to ensure that no sanction or approval under section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, will be required in cases where prosecution is proposed by the Lokayukta; (iii)to confer on the Lokayukta the power of search and seizures and certain powers of a Civil Court; (iv)to empower the Lokayukta or any investigation officer authorised by it in this behalf to attach property which, prima facie, has been acquired by corrupt means; (v)to lay down a period of limitation of seven years from the date of commission of alleged offence for filing the complaints before the Lokayukta; (vi)to confer powers of police upon Lokayukta which the police officers have in connection with investigation; (vii)to charge the expenses of Lokayukta on the Consolidated Fund of the State; (viii)to utilise services of officers of State Government with the consent of the State Government for the purpose of conducting inquiry; (ix)to recommend transfer or suspension of public servants connected with allegation of corruption; (x)to constitute sufficient number of Special Courts as may be recommended by the Lokayukta to hear and decide the cases arising out of the Prevention of Corruption Act, 1988 under the proposed enactment; (xi)to make every public servant to declare his assets and liabilities, and in case of default or furnishing misleading information, to presume that the public servant has acquired such assets by corrupt means; (xii)to provide for prosecution of persons who make false or frivolous or vexatious complaints; (xiii)to setup a “Committee on Independent Institutions” of the Legislature to monitor the functioning of the Lokayukta. This Bill seeks to achieve the above objects.
Posted on: Sun, 28 Sep 2014 02:51:38 +0000
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