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LATEST NEWS UPDATES | A stronger Lokayukta in Bihar, with new wings and right to seize by Santosh Singh

A stronger Lokayukta in Bihar, with new wings and right to seize by Santosh Singh

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published Published on Nov 16, 2011   modified Modified on Nov 16, 2011
-The Indian Express
 
Bihar is ready with the draft for a new Lokayukta Bill, which it plans to finalise by November 26 before getting it passed in the winter session of the Assembly. It is the second state, after Uttarakhand, to have prepared or reworked its Lokayukta laws before the Centre haspassed a Lokpal Bill.

Unlike the Bihar Lokayukta Act, 1973, the new law will bring the chief minister under the Lokayukta’s ambit, as Nitish Kumar had announced it would. It will have investigation and prosecution wings, and can order confiscation of the assets of a public servant accused of corruption, or recommend his transfer or suspension. And if its chairman (who will no longer be called the Lokayukta) has to be removed, the governor will need to convince the Supreme Court first.

Bihar received over 100 suggestions from the public but none was from Anna Hazare’s team. Team Anna’s Arvind Kejriwal has already tweeted that the draft is a “copy of the Central bill” which the team had rejected. Nitish Kumar responded he does not need “a certificate from anyone” and added, “The government had been doing its best and invited good suggestions to make the Lokayukta strong.”

Former Karnataka Lokayukta Santosh Hegde, a key Team Anna member, said, “I have not yet studied the Bihar draft and do not want to take sides. I will study it and react on merit.” He also refused to react to Kejriwal’s tweet.

The team that has drafted the bill includes advocate general Rambalak Mahto, law secretary Vinod Kumar Sinha, general administration department principal secretary Deepak Kumar and the CM’s secretary Chanchal Kumar. They studied the laws of the Centre, Karnataka, Uttarakhand and other states.

The draft is set to be cleared by the cabinet, and the Bill to be taken up by the Assembly in December. “We have called an all-party meeting for more suggestions,” Nitish said. Deputy CM Sushil Kumar Modi said the provisions would reflect the state’s legislative competence to make the law more effective and implementable.

GAD principal secretary Deepak Kumar said in reply to a question, “No suggestions come from the core Team Anna members we know. Other civil society members, however, have made suggestions, like not giving too much powers to the Lokayukta, and how it would be difficult to find a man of impeccable integrity to be the Lokayukta chairman.”

Apart from the chairman, the institution will have two members, all three selected by a designated committee and appointed by the governor, who will also appoint a secretary.

For the dedicated investigation wing, it will be binding on the government to provide staff as required by the chairman. The chairman can order a preliminary probe, the investigating officer will submit a report, and the chairman will decide whether further investigation is needed. The prosecution wing too will have full police powers.

If the Lokayukta, once satisfied with prima facie allegations against a public servant, orders provisional attachment of his assets or recommends his transfer or suspension, the government will “ordinarily accept the recommendation unless it is not feasible for administrative reasons”. If the chief minister or a minister faces a probe, the Lokayukta can file a case in the special court and send a report to the governor and the minister. For others, the Lokayukta can also recommend disciplinary proceedings, which are to be initiated by the governor.

The Lokayukta will now come under “charged expenses” and will not be subject to any executive interference. Its proceedings will be deemed judicial ones, though a person need not furnish any information that might prejudice the security of the state.

The Lokayukta can recommend more special courts for cases under the Prevention of Corruption Act, 1988, or the Bihar Special Courts Act, 2009.


The Indian Express, 17 November, 2011, http://www.indianexpress.com/news/a-stronger-lokayukta-in-bihar-with-new-wings-and-right-to-seize/876943/


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