Himachal passes bill for effective Lokayukta

The Himachal Pradesh assembly Friday unanimously passed the Lokayukta bill to deal with complaints of corruption and misuse of powers by public functionaries. It will replace the existing law enacted in 1983.

The Himachal Pradesh Lokayukta Bill of 2014 was passed with amendments pertaining to annual audit of the anti-graft institution and posting of status of cases on the website.

The amendments were suggested by Leader of Opposition and BJP leader Prem Kumar Dhumal and were incorporated.

According to the bill, the Lokayukta's jurisdiction will cover all categories of officials, both within and outside the state. Even the chief minister and members of the legislative assembly will come within its purview.

The bill proposes a one-member Lokayukta, who is or has been a judge of the Supreme Court or the chief justice of a high court.

For the first time, the government gave powers of contempt of court to the ombudsman.

Introducing the bill in the state assembly Dec 10, Chief Minister Virbhadra Singh said the provision of power to punish for contempt is not available in the Lokpal and Lokayuktas Act 2013, passed by parliament.

As part of a policy of zero tolerance against graft, the bill seeks to establish a more effective mechanism to receive complaints relating to allegations of corruption against public functionaries, including the chief minister, ministers, lawmakers and public servants, he said.

The bill, which aims to repeal the existing Himachal Pradesh Lokayukta Bill of 1983, will further strengthen the existing legal and institutional mechanism, the chief minister said.

"The Lokayukta will constitute an inquiry wing headed by the director of inquiry for conducting preliminary probe into any offence committed by a public servant," the bill said.

The prosecution wing, headed by the director of prosecution, after having been so directed by the Lokayukta, can file a case in a special court.

The bill gives powers to the ombudsman to conduct searches and seize documents and provisional attachment of assets.

It will also empower the Lokayukta to recommend transfer or suspension of public servants facing allegations of corruption.