ACAUT proposal for Nagaland Lokayukta Bill 2017

A

BILL

To provide for the establishment of a body of Lokayukta for the State of Nagaland to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.

BE it enacted by the Legislative Assembly of Nagaland in the Sixty-eight Year of the Republic of India as follows:—

Section-1:     Short title, extent and commencement.—

(1)  This Act may be called the Nagaland Lokayukta Act, 2017.

(2) It extends to the whole of the State of Nagaland.

(3) It shall apply to public servants in and outside the State.

(4) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Section-2:     Definitions.—

(1) In this Act unless the context otherwise requires,–

(a)     “Assembly” means the Nagaland Legislative assembly.

(b)     “Bench” means a bench of the Lokayukta;

(c)     “Chairperson” means the Chairperson of the Lokayukta;

(d)     “Governor” mean the Governor of Nagaland.

(e)     “Competent authority” in relation to–

(i)      the Chief Minister, means the Governor of Nagaland;

(ii)     a member of the council of ministers means the Chief Minister;

(iii)     a member of the Nagaland Legislative Assembly other than a   Minister, means the Speaker of the Legislative Assembly;

(iv)     Vice chancellor of the University means the Chancellor

(v)     a secretary to the government of Nagaland means the Chief Secretary;

(vi)    a Government servant senior in payscale than secretary means the State Government;

(vii)    an officer in the Department of the State Government, means the Minister-in-Charge of Department under which such officer is serving;

(viii)   a Chairperson, Vice-chairperson or members of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under any Act of Parliament or any Act of a State Legislature or wholly or partly financed by the Central Government or the State Government or controlled by it, means the Minister-in-Charge of the administrative department of such body or Board or corporation or authority or company or society or autonomous body;

(ix)     an officer of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under any Act of Parliament or any Act of a State Legislature or wholly or partly financed by the Central Government or the State Government or controlled by it, means the head of such body or Board or corporation or authority or company or society or autonomous body;

(x)     in any other case not falling under sub-clauses (i) to (vii) above, means such department or authority as the State Government may, by notification, specify:

Provided that if any person referred to in sub-clause (v) or sub-clause (iv) is also a Member of the Legislative Assembly, then the competent authority shall be the Speaker of the Legislative Assembly;

(f)      “Complaint” means a complaint accompanied by an affidavit, made in such form as may be prescribed alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988.

(g)     “investigation” means all the proceedings for the collection of evidence relating to the commission of the alleged offences.

(h)     “Judicial Member” means a Judicial Member of the Lokayukta appointed as such

(i)      “Lokayukta or upa-Lokayukta” means the body established under section 3;

(j)      “Minister” means a member of the council of ministers and parliamentary secretaries/advisor/chairman but does not include the chief minister;

(k)     “notification” means notification published in the Official Gazette and the expression “notify” shall be construed accordingly;

(l)      “preliminary enquiry” means an enquiry conducted under this Act by the Lokayukta;

(m)    “prescribed” means prescribed by rules made under this Act;

(n)     “public servant” means a person who is or was at any time-

(i) the chief minister

(ii) a minister/Parliamentary secretary/advisor.

(iii) a member of the Nagaland State legislative Assembly

(iv) a government servant

(v) an officer of any body or Board or corporation or Authority or Company or Society or autonomous Body (by whatever name called) established or constituted under any law in force in the state of Nagaland, or wholly or partly financed by the state Government of Controlled by it.

(vi) public servant as explained/defined in section 21 of IPC 1860,or in any other law in force.

(o)     “regulations” means regulations made under this Act;

(p)     “rules” means rules made under this Act;

(q)     “schedule” means a schedule appended to this act; and

(r)      “Special Court” means the court of a Special Judge appointed under sub-section

(1)     of section 3 of the Prevention of Corruption Act, 1988.

(2)     The words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988, shall have the meanings respectively assigned to them in that Act.

(3)     Any reference in this act to any other act or provision thereof which is not in force in any area to which this act applies, shall, be construed to have a reference to the corresponding act or provision thereof in force in such area.