ACAUT proposal for Nagaland Lokayukta Bill 2017

Section-36: Complaints against officials of Lokayukta.—

(1)     Every complaint of allegation or wrongdoing made against any officer or employee or agency under or associated with the Lokayukta for an offence punishable under the Prevention of Corruption Act, 1988 shall be dealt with in accordance with the provisions of this section.

(2)     The Lokayukta shall complete the enquiry into the complaint or allegation made within a period of thirty days from date of its receipt.

(3)     While making an inquiry into the complaint against any officer or employee of the Lokayukta or agency engaged or associated with the Lokayukta, if it is prima facie satisfied on the basis of evidence available, that–

(a)     continuance of such officer or employee of the Lokayukta or agency engaged or associated in his post while conducting the inquiry is likely to affect such inquiry adversely; or

(b)     an officer or employee of the Lokayukta or agency engaged or associated is likely to destroy or in any way tamper with the evidence or influence witnesses, then the Lokayukta may, by order, suspend such officer or employee of the Lokayukta or divest such agency engaged or associated with the Lokayukta of all powers and responsibilities hereto before exercised by it.

(4)     On the completion of the inquiry, if the Lokayukta is satisfied that there is prima facie evidence of the commission of an offence under the Prevention of Corruption Act, 1988 of any wrongdoing, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute such officer or employee of the Lokayukta or such officer, employee, agency engaged or associated with the Lokayukta and initiate disciplinary proceedings against the official concerned:

Provided that no such order shall be passed without giving such officer or employee of the Lokayukta, such officer, employee, agency engaged or associated, a reasonable opportunity of being heard.

Section- 37: Assessment of loss and recovery thereof by Special Court.—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 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:

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.

Section-38: Budget.—

The Lokayukta shall prepare, in such form and at such time in each financial year as may be prescribed its budget for the next financial year, showing the estimated receipts and expenditure of the Lokayukta and forward the same to the State Government for information.

Section-39: Grants by the State Government.—

The State Government may, after due appropriation made by the Legislative Assembly by law in this behalf, make to the Lokayukta grants of such sums of money as are required to be paid for the salaries and allowances payable to the Chairperson and Members and the administrative expenses including the salaries and allowances and pension payable to or in respect of officers and other employees of the Lokayukta.

Section-40: Annual statement of accounts.—

(1)     The Lokayukta shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Accountant General, Nagaland.

(2)     The accounts of the Lokayukta shall be audited by the Accountant General, Nagaland, at such intervals as may be specified by him.

(3)     The Accountant General, Nagaland or any person appointed by him in connection with the audit of the accounts of the Lokayukta under this Act shall have the same rights, privileges and authority in connection with such audit, as the Accountant General, Nagaland generally has, in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Lokayukta.

(4)     The accounts of the Lokayukta, as certified by the Accountant General, Nagaland or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government and the State Government shall cause the same to be laid before the State Legislative Assembly.

Section-41: Furnishing of returns etc. to State Government.—

The Lokayukta shall furnish to the State Government, at such time and in such form and manner as may be prescribed or as the State Government may request, such returns and statements and such particulars in regard to any matter under the jurisdiction of the Lokayukta, as the State Government may, from time to time require.

Section-42: Declaration of assets.—

(1) Every public servant shall make a declaration of his assets and liabilities in the manner as provided by or under this Act.

(2)     A public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath of affirmation to enter upon his office, furnish to the competent authority the information relating to–

(a)     the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries; and

(b)     his liabilities and that of his spouse and his dependent children.

(3)     A public servant holding his office as such, at the time of the commencement of this Act, shall furnish information relating to such assets and liabilities, as referred to in sub-section (2), to the competent authority within thirty days of the coming into force of this Act.

(4)     Every public servant shall file with the competent authority, on or before the 31st July of every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as on the 31st March of that year.

(4-A)  Failure to provide statements of assets and liabilities as required under this Act, shall render a public servant ineligible for promotion to the next higher grade. The State Government shall consult the Lokayukta before promoting officers to the next higher scale for posts carrying a pay in the  pay band 2200 and above or equivalent thereof;

Provided that if a Government servant fails to declare his assets and liabilities for a period of 2 years in a row, the Lokayukta may institute a disciplinary enquiry suo moto for appropriate action under Section 30 of the act.

(5)     The information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed.

(6)     The competent authority in respect of each Department shall ensure that all such statements are published on the website of such Department by 31st August of that year.

Explanation.— For the purposes of this section, “dependent children” means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood.