Odisha passes Lokayukta Bill with minor changes

Anti corruption panel can supervise cases investigated by Vigilance

Odisha became the first state to pass its Lokayukta Bill that aims to bring the chief minister and other ministers under the purview of a six-member anti-corruption commission. Though the Centre had given three months’ time to states to come out with their Lokayukta Bills, Odisha has done it within a month.

The Lokayukta Bill was passed with certain amendments to incorporate some of the demands raised by the Opposition Congress. The Bill was okayed after elaborate discussions on it in the assembly. The assembly session that was scheduled to end on February 13, was extended by a day to enable smooth passing of the Bill after deliberation among the lawmakers.

The Bill, in its revised form, would empower the Lokayukta to supervise the cases investigated by the state Vigilance and Crime Branch. The Opposition Congress had demanded that the Vigilance be brought under the purview of the Lokayukta since the Central Bureau of Investigation (CBI) was under the fold of Lokpal at the national level.

Clause 37 of the Lokayukta Bill has been relaxed wherein the consent of 25 MLAs would be sufficient to remove the Lokayukta chairman or any of its members on grounds of proven misdeed or misbehaviour. The draft Bill had mandated that at least 35 legislators were needed to oust the Lokayukta chairman or any of its members. Expanding the scope of the Lokayukta, contractors engaged by the government, supplying agencies and outsourcing agencies have been included under its ambit. The minimum age for members of the Lokayukta has been scaled down to 45 from 50 earlier. The Lokayukta would consist of six members, including the chairman.

The anti-grafts panel would consist of at least three judicial members including the chairman. The rest three would be chosen from the non-judicial arena, with one member drawn from SC/ST, minorities, other backward classes (OBC) or a women member. As per the provisions of the Bill, the incumbent as well as former chief ministers, ministers, MLAs, government officers, heads of panchayats and municipalities and trusts receiving government grants will come under the purview of the Lokayukta.

The Lokayukta chairman will be either an existing or former High Court judge. The Lokayukta will be chosen by a selection committee headed by the chief minister and comprising other members including the Leader of the Opposition, speaker of the Odisha legislative assembly, Chief Justice of Odisha High Court or any 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 recommendations of the selection committee. The Lokayukta investigating into corruption cases will be empowered to attach properties of the guilty for a period of 90 days. Special courts will be set up for trial of such cases. Besides confiscation of properties, the Lokayukta may recommend to the state government for transfer and suspension of any public servant.