The Odisha Lokayukta Act, 2014

1. Overview and Purpose

• Enactment: Establishes a body called the "Lokayukta" for the State of Odisha to inquire into allegations of corruption against public functionaries. The Odisha Lokayukta Act,2014 came into force with effect from 7th July, 2018 & the body of the Lokayukta has been established with effect from 28th February, 2019.
• Repeal: The Act repealed the Odisha Lokpal and Lokayuktas Act, 1995.
• Applicability: Extends to the whole State of Odisha and applies to public servants serving in and outside the State.

2. Establishment and Composition

• Structure: Consists of a Chairperson and five Members.
• Judicial Requirement: Out of the five members, two must be Judicial Members.
• Reservation: At least one member (other than judicial members) must belong to SC, ST, OBC, Minorities, or be a woman.
• Minimum Age: A person must be at least 50 years of age to assume office.
• Qualifications:
  • Chairperson: Current/former Chief Justice of a High Court, Judge of a High Court, or an eminent person.
  • Judicial Member: Current or former Judge of a High Court.
  • Non-Judicial Member: Person of impeccable integrity with at least 20 years of expertise in public administration, finance, law, or anti-corruption policy.

3. Appointment Process

• Appointing Authority: The Governor appoints the Chairperson and Members by warrant under his hand and seal.
• Selection Committee: Recommendations are made by a committee consisting of:
  1. Chief Minister (Chairperson).
  2. Speaker of the Legislative Assembly.
  3. Leader of Opposition in the Legislative Assembly.
  4. Chief Justice of Orissa High Court (or a nominated Judge).
  5. One Eminent Jurist (nominated by the Governor based on recommendations of the first four members).
• Search Committee: A committee of at least five persons is constituted to prepare a panel of names for the Selection Committee.

4. Tenure and Service Conditions

• Term: Five years or until the age of 70 years, whichever is earlier.
• Salary: Chairperson's salary equals the Chief Justice of the High Court of Orissa; Members' salary equals a Judge of the High Court.
• Restrictions: Upon ceasing office, they are ineligible for reappointment, diplomatic assignments, or holding office of profit. They cannot contest elections for 5 years.

5. Jurisdiction (Public Functionaries)

• Covered:
  • Chief Minister (current/former).
  • Ministers and MLAs.
  • Chairpersons/members of Panchayats and Municipalities.
  • Government officers (Groups A, B, C, D).
  • Officers of Societies/Trusts/Associations financed by the Government or receiving foreign contributions exceeding 10 lakh rupees/year.
• Exception: Cannot inquire into any vote given or anything said by an MLA in the Legislative Assembly (protected under Article 194). Part VI: State Government (Articles 152-237)

6. Procedure and Timelines

• Inquiry Wing: Conducts preliminary inquiry, ordinarily to be completed within 90 days (extendable by 90 days).
• Investigation: If a prima facie case exists, investigation must be completed within six months (extendable up to two years maximum).
• Opportunity to be Heard: The Lokayukta must call for an explanation from the public servant before ordering an investigation.

7. Powers of the Lokayukta

• Civil Court Powers: The Inquiry Wing has powers of a civil court (summoning witnesses, receiving evidence on affidavits).
• Search and Seizure: Power to authorize search and seizure of documents.
• Attachment of Assets: Power to provisionally attach assets (proceeds of corruption) for up to 90 days.
• Suspension/Transfer: Can recommend transfer or suspension of a public servant to prevent tampering with evidence.

8. Special Courts

• Establishment: Government constitutes Special Courts as recommended by the Lokayukta.
• Trial Timeline: Trials should be completed within one year (extendable up to a total of two years).

9. Removal of Chairperson or Member

• Grounds: Misbehaviour.
• Procedure: Removed by the Governor after an inquiry by the High Court of Orissa.
• Reference: Requires a petition signed by at least 25 Members of the Legislative Assembly.

10. Miscellaneous Key Provisions

• Declaration of Assets: Public servants must declare assets/liabilities within 30 days of joining and file an annual return by July 31st.
• False Complaints: Punishable with imprisonment up to one year and fine up to one lakh rupees.
• Limitation Period: No inquiry into complaints made seven years after the alleged offence.

Note prepared based on "The Odisha Lokayukta Act, 2014" (Odisha Act 12 of 2018).