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Lokayukta Lokayukta

Lokayukta - PowerPoint Presentation

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Lokayukta - PPT Presentation

and UpaLokayuta Watchdog Agencies Rajalaxmi Joshi Asst Prof ILS Law College Why do we need Lokayukta and UpaLokayukta Traditional recourse Departmental Control Approaching the Court ID: 204348

public lokayukta act servant lokayukta public servant act upa investigation action sec state person lokpal member inquiry office complaint

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Slide1

Lokayukta and Upa-Lokayuta -Watchdog Agencies

Rajalaxmi

Joshi

Asst. Prof. ILS Law CollegeSlide2

Why do we need Lokayukta and Upa-Lokayukta

Traditional recourse

Departmental Control

Approaching the Court

Departmental Hurdles

Factor of bias

Not very accessible

Lethargy

No action taken

Lack of documentary evidence Slide3

Hurdles in approaching courts Unequal contest Common man V/S Public Officer

Lack of evidence

Less access to documents

Reluctance of courts to order disclosure

Govt. Privileges

Intention/ state of mind- difficult to prove

Lack of investigating tools

limitations on the power of the courts Slide4

Need for Independent External to the Department

To review people’s grievances

To bring in administrative reform

OMBUDSMAN Slide5

Indian Ombudsman Lokpal And Lokayukta

:

Upa-Lokayukata

Lokpal

Bill :

1968,71,77,85,89,96,01,11

Lokpal

and

Lokayukta

Act 2013

Lokayukta

: Orissa, Maharashtra, Rajasthan, Bihar, UP, MP, AP, HP,

Gujrath

,

Karnatak

Slide6

The Lokpal and Lokayukta Act,2013

Sec. 63 Establishment of

Lokayukta

Every State shall establish a body to be known as the

Lokayukta

for the State,

if not

so established, constituted or appointed, by a law made by the State Legislature, to

deal with

complaints relating to corruption against certain public functionaries, within a period

of one

year from the date of commencement of this Act

.Slide7

THE MAHARASHTRA LOKAYUKTA AND UPA-LOKAYUKTAS ACT, 1971Statutory Appointments

S. 3 Governor to appoint

Lokayukta

and one or more

Upa-Lokayukta

In

consultantion

with in consultation

CJ of HC and the leader with

Lokayukta

Of the opposition in

Legislative Assembly Slide8

SECTION 4: LOKAYUKTA OR UPA-LOKAYUKTAS TO HOLD NO OTHER OFFICE

The

Lokayukta

or an

Upa-Lokayukta

shall not be

a Member of Parliament or

a member of the Legislature of any State and

shall not hold any office of trust or profit, or

be connected with any political party or

carry on any business or practice any professionSlide9

Term of office 5 years Powers and jurisdiction? S.7 power to investigate

Lokayukta

Upa-Lokayukta

Slide10

Lokayukta may investigate

any action which is

taken by,

or with the general or specific approval of,

(

i

) a Minister or a Secretary; or

(ii) Public servant i.e. president or vice president of ZP, chairman or vice- chairman of Panchayat, chairman of standing committee

or

(iii) any other Public servant being a public servant of a class or sub-class of public Servants notified by the State Government in consultation with the

Lokayukta

, in this behalf, Slide11

Lokayukta and Upa-Lokayukta

Operates at state level

S. 2(h)

h) "Minister" means a member (other than the Chief Minister) of the Council of Ministers by whatever name called, for the

State of Maharashtra,

that is to say, a Minister, Minister of State and Deputy Minister,Slide12

complaint regardinga ‘grievance’

or an ‘

allegation’

in respect of such ‘

action’

(a) "action" means action taken by way of decision, recommendation or finding or in any other manner and includes

failure to act

; and all other expression connoting action shall be construed accordingly;Slide13

(b) "allegation", in relation to a public, servant, means any affirmation that such public servant

, (motive)

(

i

) has

abused

his position as such

to obtain

any

gain or

favour

to himself or to any other person or

to cause undue harm or hardship to any other person,(ii) was actuated in the discharge of his functions as such public servant by ,

personal interest or improper or corrupt motives, or(iii) is guilty of corruption, or lack of integrity in his capacity as such, public servantSlide14

Upa-LokayukataComplaints as to public officers Other than the ministers and secretary Slide15

S. 2(d) "grievance" means a claim by a person that he sustained injustice or undue hardship

in

consequence of

maladministration

What is maladministration?

(g) "maladministration" means action taken or purporting to have been taken in the exercise of administrative functions in any case

,

(

i

) where

such action

or the administrative

procedure or, practice :governing such action is unreasonable, unjust, oppressive or improperly discriminatory

;-or(ii) where there has been negligence or undue delay in taking such action, or the administrative procedure or practice governing such action involves undue delays;Slide16

SEC8 : MATTERS NOT SUBJECT TO INVESTIGATIONIf mentioned in 3rd

Schdule

Other remedy available

Inquires under Public Servant (inquiry )Act

Commissions of inquiry Act

After expiry of 12 months: Grievance

after the expiry of 3

years:Allegation

Delay can be condoned Slide17

Sec. 9Who can make a complaint? Aggrieved : person aggrieved

Grievance : Any person

How complaint can be made? By writing a letter by a person in police custody , asylum etc.Slide18

To avoid misuseevery person who wilfully

or maliciously

makes any

false complaint

under this Act shall, on conviction, be punished with

imprisonmen

t, for a term which may

extend to three years

,

and

shall also be liable to,

fine

.Slide19

Procedure In investigation he shall

forward a copy

of the complaint or, in the case of any investigation which he proposes to conduct on his own motion, a statement setting out the grounds therefor,

to

the

public servant concerned

and the

competent authority

concerned;

shall afford to the public servant concerned an

opportunity to offer his comments

on such complaint or statement; andSlide20

Every such investigation shall be conducted. in private the identity of the complainant-and of the public servant affected by the investigation shall not be disclosed to the public or the press whether before, during after the investigation

Provided that, the

Lokayukta

or an

Upa-Lokayukta

may conduct any investigation relating to a

matter of definite public importance in public

, if he, for reasons to be recorded in writing, thinks fit to do so.Slide21

SEC 11: EVIDENCEmay require any public servant or any other person to furnish information or produce documents relevant to the investigation,

Lokayukta

shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908Slide22

summoning and enforcing the attendance of any person and examining him on oath ;requiring the discovery and production of any document;receiving evidence on affidavits;

requisitions any pub or copy thereof from any Court or office-;

issuing commissions for the examination of witnesses or documents ;

Such other matters as may be prescribed.Slide23

Any proceeding before the Lokayukta or an Upa-Lokayukta

shall be deemed to be a judicial proceeding within the meaning of Section 193 of the Indian Penal Code:

Person can be punished for giving false evidence before the

Lokayukta

or

Upa-LokayuktaSlide24

no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the State Government or any public servant, whether

imposed by any enactment or by any law, shall apply to the disclosure of information for the purposes of any investigation under this Act

and the State Government or any

public servant shall not be entitled

in relation to any such investigation

to any such privilege in respect of the production of documents

or the giving of evidence as is allowed by any enactment or by any rule of law in legal proceedingsSlide25

SEC 12: REPORTS OF LOKAYUKTA AND UPA-LOKAYUKTASinjustice or undue hardship

shall, by a report in writing,

recommend to the public servant and the competent authority concerned that such injustice or undue, hardship shall be

remedied

or

redressed

in such manner and within such time as may be specified in the report.Slide26

Competent Authority To send report within one month stating the action taken If Lokayukta

or

Upa-Lokayukta

is satisfied as to action taken- close the matter

If not- send Special Report to Governor

Governor shall put a copy of report with an explanatory memorandum before each House of the State LegislatureSlide27

SEC. 15: INTENTIONAL INSULT OR INTERRUPTION TO OR BRINGING INTO DISREPUTE, LOKAYUKTA OR UPA-LOKAYUKTA

intentionally offers any insult, or causes any interruption to the

Lokayukta

or

Upa-Lokayukta

while the

lokayukta

while the

Lokayukta

or the

Upa-lokayukta

is conducting any investigation under this Act, shall on conviction be

punished with simple imprisonment for a term which may extend to six months, or with fine, or bothSlide28

Whoever, by words spoken or intended to be read makes or publishes any statement or does any other act which is calculated to bring the Lokayukta or an Upa-Lokayukta

into disrepute

, shall on conviction be punished with simple imprisonment for a term which may extend to six months or with fine or with both.Slide29

S. 16 Protection for action in good faithS. 17 additional functions can be assigned Cases: Mishrimal

Oswal

V.

Lokyukta

MH

AIR 2005 Bombay 316

YASHADA Web-site : information Slide30

AIR 1985 Bombay 136Dr. Vishwas Patil V.

Lokayukta

,

MH

Sec.10(6)

The conduct of an investigation under this Act in respect of any action shall not affect such action, or any power or duty of any public servant to take further action with respect to any matter subject to the investigation Slide31

The Lokpal and Lokayukta Act 2013

Object of the Act

An

Act to provide for the establishment of a body of

Lokpal

for the Union

andLokayukta

for States to inquire into allegations of corruption against

certain public

functionaries and for matters connected therewith or incidental thereto.Slide32

Establishment of Lokpal Sec. 3Lokpal

: A body

Chairperson and not exceeding eight other membersSlide33

(4) The Chairperson or a Member shall not be—(

i

) a member of Parliament or a member of the Legislature of any State or Union

territory

;

(ii) a person convicted of any offence involving moral

turptitude

;

(iii) a person of less than forty-five years of age, on the date of assuming office

as

the Chairperson or Member, as the case may be;

(iv) a member of any Panchayat or Municipality;(v) a person who has been removed or dismissed from the service of the Union or a State,and shall not hold any office of trust or profit (other than his office as the Chairperson or a

Member) or be affiliated with any political party or carry on any business or practise anyprofession and, accordingly, before he enters upon his office, a person appointed as theSlide34

Chairperson or a Member, as the case may be, shall, if—(a) he holds any office of trust or profit, resign from such office; or

(b) he is carrying on any business, sever his connection with the conduct and

management

of such business; or

(c) he is practising any profession, cease to practise such professionSlide35

Term of office5 years or 75 years which ever is earlierSlide36

Sec. 11Inquiry Wing: to inquire into offence alleged to have been committed under the Prevention of Corrupt Act, 1988

Sec 12

Prosecution Wing : to conduct prosecution of public servant in relation to any complaint Slide37

Jurisdiction Sec. 14Prime MinisterMinister of the Union

Member of either house of parliament

Any member, employee…who is in corporations, company, society, trust established by an Act of Parliament or wholly or partly financed or controlled by the Central Government

Any director, manger…of society, association, or trust wholly or partly finance by the Govt. and annual income of which exceeds the amount prescribed Slide38

Procedure in respect of preliminary inquiry and investigation On receipt of complaint L

okpal

may direct preliminary inquiry against public servant by inquiry wing or investigation

Sec. 20 (2)Slide39

On the report given by Inquiry wing

(a) investigation by any agency or the Delhi Special Police Establishment, as the

case

may be;

(b) initiation of the departmental proceedings or any other appropriate action

against the concerned public servants by the competent authority;

(c) closure of the proceedings against the public servant and to proceed against

the complainant under section 46.Slide40

Special Court Sec. 35To decide cases arising out of the prevention of corruption act Completion of trial in one yearSlide41

Power of LokpalMay require public servant to furnish information Sec. 22

Supervisory powers Sec. 25 in inquiry or investigation

Power of search and seizure

Other powers of civil court

Attachment of assets sec 29 & 31 :proceeds of corruption Slide42

Sec. 32

32.

(

1

) Where the

Lokpal

, while making a preliminary inquiry into allegations

of corruption

, is

prima facie

satisfied, on the basis of evidence available,—

(

i

) that the continuance of the public servant referred to in clause (d) or clause (e) or clause (f) of sub-section (

1) of section 14 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry adversely; or(

ii

) such public servant is likely to destroy or in any way tamper with the evidence

or influence witnesses

,

then

, the

Lokpal

may recommend to the Central Government for transfer or suspension

of such

public servant from the post held by him till such period as may be specified in

the order.

(

2

) The Central Government shall ordinarily accept the recommendation of the

Lokpal

made under sub-section (

1

), except for the reasons to be recorded in writing in a case

where it

is not feasible to do so for administrative reasons

.Slide43

ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT39. If any public servant is convicted of an offence under the Prevention of Corruption Act

, 1988 by the Special Court, notwithstanding and without prejudice to any law for the

time being

in force, it may make an assessment of loss, if any, caused to the public exchequer

on account

of the actions or decisions of such public servant not taken in good faith and

for which

he stands convicted, and may order recovery of such loss, if possible or

quantifiable, from

such public servant so

convicted:Slide44

Provided that if the Special Court, for reasons to be recorded in writing, comes to the conclusion that the loss caused was pursuant to a conspiracy with the beneficiary or beneficiaries of actions or decisions of the public servant so convicted, then such loss may, if assessed and quantifiable under this section, also be recovered from such beneficiary or beneficiaries proportionately.Slide45

Prosecution for false complaintPeriod of limitation – 7 years Slide46

Thank you