Uttarakhand may be the first state to bring the post of chief minister under the ambit of Lokayukta.
But the Lokayukta Bill which was passed last night by the state Assembly would also go a long way for its key provisions like rigorous punishment especially to the business class, protection of whistle blowers and their prosecution in a time bound manner.
A comparison with Uttar Pradesh also showed that Uttarakhand’s Lokayukta Act is much stronger and provides complete independence to the investigating authority from any interference from government. One big change in the Bill is that the permission for prosecution will now be given by the Lokayukta itself and not by the government.
The new Lokayukta is also empowered to conduct departmental inquiry against corrupt officials and recommend dismissal, removal and reduction in their ranks. The recommendation will be binding on the government.
For speedy trial, there is a provision for setting up of special courts established under the Prevention of Corruption Act 1988, where the charges will be filed after completion of investigation.
The period of investigation has been restricted to only 12 months.
For any act of corruption, the punishment will not be less than six months of rigorous imprisonment and may extend up to ten years. In the rarest of rare cases, the punishment may extend up to imprisonment for life.
The Act also envisages the special court to take into consideration the higher rank of an accused to inflict a more severe punishment.
If the beneficiary of an offence is a business entity, in addition to the other punishments provided under the act, a fine up to five times the loss caused to the public would be recovered from the convict and the recovery may be made from the assets of the business entity and from the personal assets of its managing director/directors, in case the assets are inadequate.
If any company or any of its officer or director is convicted for any corruption offence, then the company along with other companies promoted by it, will be blacklisted and be ineligible for undertaking any government work or contract in future.
The Bill also makes it mandatory that if a public servant is convicted on the charges of corruption, that person shall stand removed from his or her office.
The Lokayukta will have power to recommend cancellation or modification of a lease, licence, permission, contract or agreement in case it found any corruption in such related cases.
Lokayukta shall have power to prepare an appropriate reward scheme to encourage complaints to from within and outside the government to report acts and evidence of corruption.
