ACAUT proposal for Nagaland Lokayukta Bill 2017

Section-8: Member to act as Lokayukta and to discharge his functions in certain circumstances.—

(1) In the event of occurrence of any vacancy in the office of the Lokayukta by reason of his death, resignation or otherwise, the Governor may, by notification, authorize the senior-most Upa-lokayukta to act as the Lokayukta until the appointment of a new Lokayukta to fill such vacancy.

(2) When the Lokayukta is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Upa-Lokayukta available, as the Governor may, by notification, authorize in this behalf, shall discharge the functions of the Lokayukta until the date on which the Lokaukta resumes his duties.

Section-9: Secretary, other officers and staff of Lokayukta.—

(1) There shall be a Commissioner cum Secretary to the Lokayukta in the rank of Secretary to the State Government, who shall be appointed by the Lokayukta from a panel of names sent by the State Government.;

(2) There shall be a Director of Investigation not below the rank of an Additional DGP to Govt of Nagaland and a Director of Prosecution not below the rank of the Secretary to the Govt of Nagaland. The Director of Investigation shall be appointed by the Chairperson from a panel of names sent by the State Government.

(3) The appointment of officers and other staff of the Lokayukta including but not limited to a media wing, technical wing or IT wing shall be made by the Lokayukta or such Upa-Lokayukta or officer of Lokayukta as the Upa-Lokayukta may direct;

(4) Subject to the provisions of any law made by the State Legislature, the salaries, allowances and other conditions of service of Secretary and other officers and staff of the Lokayukta shall be such as may be prescribed after consultation with the Lokayukta.

Section-10: Investigation Wing.—

(1) Notwithstanding anything contained in any law for the time being in force, the Lokayukta shall constitute an Investigation Wing headed by the Director of Investigation for the purpose of conducting preliminary investigation into any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988:

Provided that till such time the Investigation Wing is constituted by the Lokayukta, the State Government shall make available such number of officers and other staff from its Departments, as may be required by the Lokayukta, for conducting preliminary inquiries under this Act. For the purposes of assisting the Lokayukta in conducting a preliminary enquiry under this Act, the officers of the Investigation Wing shall have the same powers as are conferred upon the Investigation Wing of the Lokayukta under section 25.

Section-11: Prosecution Wing.—

(1) The Lokayukta shall, by notification, constitute a Prosecution Wing headed by the Director of Prosecution for the purpose of prosecution of public servants in relation to any complaint by the Lokayukta under this Act:

Provided that till such time the Prosecution Wing is constituted by the Lokayukta, the State Government shall make available such number of officers and other staff from its Departments, as may be required by the Lokayukta, for conducting prosecution under this Act.

(2) The Director of Prosecution shall, after having been so directed by the Lokayukta, file a case in accordance with the findings of investigation report, before the Special Court and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988.

Section-12: Expenses of Lokayukta to be charged on Consolidated Fund of the State.—

The administrative expenses of the Lokayukta, including all salaries, allowances and pensions payable to or in respect of the Lokayukta, Upa-Lokayuktas or Secretary or other officers or staff of the Lokayukta, shall be charged upon the Consolidated Fund of the State and any fees or other moneys taken by the Lokayukta shall form part of that Fund.

Section-13: Jurisdiction of Lokayukta in respect of Investigation.—

(1) Subject to the other provisions of this Act, the Lokayukta shall investigate or cause an investigation to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:–

(a) any person who is or has been a Chief Minister;

(b) any person who is or has been a Minister;

(d) all officers and officials of the State Government, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, when serving or who has served in connection with the affairs of the State;

(e) all officers and officials referred to in clause (d) or equivalent in any body or board or corporation or authority or company or society trust or autonomous body (by whatever name called) established by any Act of Parliament or a State Legislature or wholly or partly financed by the State Government or controlled by it;

(f) any person who is or has been a chairperson or member or officer or employee in any body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of State Legislature or wholly or partly financed by the State Government or controlled by it:

Provided that in respect of such officers referred to in clause (d) who have served in connection with the affairs of the State or any body or Board or corporation or authority or company or society or trust or autonomous body referred to in clause (e) but are working in connection with the affairs of the Central Government or in any body or Board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of the Parliament or wholly or partly financed by the Central Government or controlled by it, the Lokayukta and the officers of the Investigation Wing or Prosecution Wing shall have jurisdiction under this Act in respect of such officers only after obtaining the consent of the Central Government;

(g) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for time being in force or not), by whatever name called, wholly or partly financed by the State Government and the annual income of which exceeds such amount as the State Government may by notification, specify; and

(h) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), if receipt of any donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may, by notification specify.

(i) Village Development Board Secretaries (VDBs) of the Villages.

Explanation.—For the purpose of clauses (f) and (g), it is hereby clarified that any entity or institution (by whatever name called), corporate, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in those clauses:

Provided that any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988 shall apply accordingly.

(j) 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 assisted in cash or kind by the state Government or Controlled by it.