ACAUT proposal for Nagaland Lokayukta Bill 2017

MISCELLANEOUS

Section-46: Reports of Lokayukta.—

It shall be the duty of the Lokayukta to present annually to the Governor a report on the work done by the Lokayukta and on receipt of such report the Governor shall cause a copy thereof together a memorandum explaining, in respect of the cases, if any, where the advice of the Lokayukta was not accepted, the reason for such non-acceptance to be laid before the State Legislative Assembly.

Section-47: Lokayukta to function as Appellate Authority for appeals arising out of any other law for the time being in force.

The Lokayukta shall function as the final Appellate Authority in respect of appeals arising out of any other law for the time being in force providing for delivery of public services and redressal of public grievances by any public authority in cases where the decision contains findings of corruption under the Prevention of Corruption Act, 1988.

Section-48: Protection of action taken in good faith by any public servant.—

No suit, prosecution or other legal proceedings under this Act shall lie against any public servant in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers.

Section-49: Protection of action taken in good faith by others.—

No suit, prosecution or other legal proceedings shall lie against the Lokayukta or against any officer, employee, agency or any person, in respect of anything which is done in good faith or intended to be done under this Act or the rules or the regulations made there under.

Section-50:Members, officers and employees of Lokayukta to be public servants.—The Chairperson, Members, officers and other employees of the Lokayukta shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.

Section-51: Limitation to apply in certain cases.—

The Lokayukta shall not enquire or investigate into any complaint, if the complaint is made after the expiry of a period of seven years from the date on which the offence mentioned in such complaint is alleged to have been committed.

Section-52: Bar of jurisdiction.—

No civil court shall have jurisdiction in respect of any matter which the Lokayukta is empowered by or under this Act to determine.

Section-53: Legal assistance.—

The Lokayukta shall provide to every person against whom a complaint has been made, before it, under this Act, legal assistance to defend his case before the Lokayukta, if such assistance is requested for.

Section-54: Act to have overriding effect.—

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other that this Act or in any instrument having effect by virtue of any enactment other than this Act.

Section-55: Provisions of this Act to be in addition of other laws.—

The provisions of this Act shall be in addition to, and not in derogation of, any other law for time being in force.

Section-56: Power to make rules.—

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–

(a) the form of complaint referred to in clause (d) of sub-section (1) of section 2;

(b) the salaries, allowances and other conditions of service of Secretary and others officers and staff in consultation with the Lokayukta under sub-section (4) of section 9;

(c) other matters for which the Lokayukta shall have the powers of a civil court under clause (vi) of sub-section (1) of section 24;

(d) the manner of sending the order of attachment along with the material to the Special Court under sub-section (2) of section 26;

(e) the manner of transmitting the letter of request under sub-section (2) of section 33;

(f) the form and the time for preparing in each financial year the budget for the next financial year, showing the estimated receipts and expenditure of the Lokayukta under section 37;

(g) the form for maintaining the accounts and other relevant records and the form of annual statement of accounts under sub-section (1) of section 39;

(h) the form and manner and the time for preparing the returns and statements along with particulars under section 40;

(i) the form and the time for preparing an annual return giving a summary of its activities during the previous year under sub-section (5) of section 41;

(j) the form of annual return to be filed by a public servant under sub-section (5) of section 41;

(k) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 42; and

(l) any other matter which is to be or may be prescribed.

Section-57: Power of Lokayukta to make regulations.—

(1) Subject to the provisions of this Act and the rules made thereunder, the Lokayukta may, by notification in the Official Gazette, make regulations to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:–

(a) the place of sittings of benches of the Lokayukta under clause (f) of sub-section (1) of section 14;

(b) the manner for displaying on the website of the Lokayukta, the status of all complaints pending or disposed of along with records and evidence with reference thereto under sub-section (10) of section 16;

(d) any other matter which is required to be or may be, specified under this Act.

Section-58: Laying of rules and regulations.—

Every rule and regulation made under this Act shall be laid, as soon as may be, after it is made, before the Legislative Assembly, while it is in session, for a total period of fifteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, and if the Assembly agrees in making any modification in the rule or regulation, or if Assembly agrees that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

Section-59: Power to remove difficulties.—

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to be necessary for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislative Assembly.

Section-60: Repeal and savings

(1) Notwithstanding such repeal any act or thing done under the said rules or Act or Ordinance shall be deemed to have been done under this Act and may be continued and completed under the corresponding provisions of this Act.

(2) All enquiries and investigations and other disciplinary proceedings pending before the Nagaland State Vigilance Commission constituted under the Nagaland State Vigilance Commission Rules, 1980 and which have not been disposed of, shall stand transferred to and be continued by the Upalokayukta as if they were commenced before him under this Act.

(3) Notwithstanding anything contained in this Act, initially the staff of the Lokayukta shall consist of the posts of the Secretary and other Officers and Employees of the Nagaland State Vigilance Commission constituted under the Nagaland State Vigilance Commission Rules, 1980, immediately before the commencement of this Act and appointments to the said posts are hereby made by the transfer of the Secretary and other officers and employees of the State Vigilance Commission holding corresponding posts. The salaries, allowances and other terms and conditions of services of the said Secretary, officers and other employees shall, until they are varied, be the same as to which they were entitled to immediately before the commencement of this Act.

STATEMENT OF OBJECTS AND REASONS

The State is committed to zero tolerance against corruption and as such this is an Act to provide for setting up a practical regime of corruption free society so that the resources of State including of various authorities, instrumentalities, agencies, undertakings, and bodies either owned, controlled or substantially funded by the Government directly or indirectly are utilized for the purposes for which such resources are earmarked for their optimum use for the general public without any wastage for any oblique purposes, gains and ulterior motives so that there is practical transparency and accountability in the working of such authorities, bodies and institutions owned or controlled by the Government;

And whereas, there is a need to provide an effective, autonomous and independent authority to take appropriate remedial action against those functionaries of the Government who indulge in mal-practices, abusing and misusing their position and power for their personal gains and wrongful loss to the Government and exploitation of the general public;

Now, therefore, it is expedient to enact the Nagaland Lokayukta Act, 2017 and to provide for establishment of independent and autonomous Nagaland Lokayukta on the analogy of the Lokpal and Lokayuktas Act, 2013 enacted by the Central Government to address and take remedial action to contain corruption. As a policy of zero tolerance against corruption, the Bill seeks to establish in the State, a more effective mechanism to receive complaints relating to allegations of corruption against public functionaries including Chief Minister, Ministers, Members of Legislative Assembly and public servants and to inquire the allegations against them and take follow up actions. This body will further strengthen the existing legal and institutional mechanism.

This Bill seeks to achieve the aforesaid objectives.

Chief Minister.

Place : Kohima :

Dated : ………, 2017.