The
Odisha Lokayukta Bill, 2014 which was passed by the state assembly on February
14 last year received the President's assent on Wednesday, thereby becoming an
Act. Odisha is the second State after Uttarakhand to pass the legislation which
aims to tackle corruption in the state. The Act replaces the Odisha Lokpal and
Lokayukta Act, 1995.
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| The Lokayukta Bill passed by the Odisha Legislative Assembly in February 2014 received the President's assent on Wednesday |
As
per the provisions of the Act, the Lokayukta, which is a 6-member panel is
empowered to probe into graft charges against the chief minister, ex-chief
ministers, other ministers, public servants, heads of panchayats and
municipalities and trusts receiving government grants. NGOs, contractors (firm
or persons) and suppliers dealing with government departments would also be
brought under the purview of Lokayukta.
The
Lokayukta, on receipt of complaint, is empowered to order a preliminary inquiry
against any public servant by its inquiry wing or any agency to ascertain
whether there exists a prima facie case for proceeding in the matter.
The inquiry wing of
the Lokayukta will be headed by a Director for conducting preliminary inquiry
into any offence allegedly committed by a public servant brought before it.
The Lokayukta will
also constitute a prosecution wing headed by the Director of Prosecution who is
or has been in the rank of Director of Public Prosecution of the State. The
State Government will make available such number of officers and other staff as
required by the Lokayukta till the prosecution wing is constituted.
The State Government
will constitute a number of special courts, as recommended by the Lokayukta, to
hear and decide the cases arising out of the Prevention of Corruption Act, 1988
or under the Lokayukta Act. The trial of the cases will be completed within a
year from the date of filing of the case.
The
6-member Lokayukta panel would be headed by either a sitting or former high
court judge. It would comprise of at least two members from a judicial
background. From among the non-judicial members one would be either from the women,
scheduled caste, scheduled tribe or minority category, to be selected on
rotation basis.
The
Chief Minister would head the selection committee of the Lokayukta with the
Leader of the Opposition, Speaker of Odisha assembly, Chief Justice of Orissa
High Court or a judge nominated by him and an eminent jurist nominated by the
Governor making up the selection panel.
The
Act provides for the Chairman of the Lokayukta to be appointed by the Governor
on the recommendation of the selection panel.
