The odisha Lokayukta Act 2014
odisha · 2018
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Odisha Lokayukta Act, 2014
- S. 2Section 2 defines key terms used in the Odisha Lokayukta Act 2014, specifying roles and authorities for various officials and bodies.
- S. 3Section establishes the Lokayukta body in Odisha, specifying its composition and eligibility criteria for its members.
- S. 4Section 4 outlines the appointment process for the Chairperson and Members of the Lokayukta, involving a Selection Committee and a Search Committee.
- S. 5Section 5 outlines the five-year term for Lokayukta officials, with resignation or removal options.
- S. 6Section outlines the procedure for appointing new Lokayukta Chairperson and Members before their current term ends.
- S. 7Section 7 sets the salary, allowances, and service conditions for the Odisha Lokayukta Act's Chairperson and Members, aligning them with High Court officials.
- S. 8Section 8 prohibits former Lokayukta officials from reappointment, certain government roles, or contesting elections for five years.
- S. 9Section 9 allows the senior-most Member to act as Chairperson when there's a vacancy or the Chairperson is temporarily unable to serve.
- S. 10Section 10 appoints Secretaries, Directors of Inquiry and Prosecution, and other staff for the Lokayukta, with specific ranks and approval processes.
- S. 11Section 11 establishes an Inquiry Wing under the Lokayukta to conduct preliminary investigations into corruption by public servants.
- S. 12Section 12 establishes a Prosecution Wing under the Lokayukta to prosecute public servants for corruption-related offenses.
- S. 13Section 13 specifies that Lokayukta's administrative expenses are funded by the state's Consolidated Fund.
- S. 14Section 14 grants the Lokayukta authority to inquire into corruption allegations against specified state officials and employees.
- S. 15Section 15 continues pending corruption cases before existing courts or authorities, except those with the Lokpal, to be handled by the Lokayukta.
- S. 16Section 16 details the formation and jurisdiction of benches for the Lokayukta in Odisha.
- S. 17Section 17 allows the Chairperson to distribute Lokayukta's business among benches and specify matters each bench handles.
- S. 18Section allows the Chairperson to transfer pending cases between benches after hearing the complainant or public servant.
- S. 19Section 19 details the procedure for resolving disagreements among Lokayukta bench members by referring to the Chairperson for decision.
- S. 20Section 20 outlines the Lokayukta's powers to conduct preliminary inquiries and order investigations into complaints against public servants.
- S. 21Section 21 ensures that individuals whose reputation may be affected by the inquiry are given a chance to defend themselves.
- S. 22Section 22 allows the Lokayukta or investigating authority to request information or documents from public servants or others for preliminary inquiries.
- S. 23Section 23 allows a Special Court to take cognizance of public servant offenses investigated by Lokayukta, except for constitutional officials.
- S. 24Section 24 allows the Lokayukta to file a corruption case in a Special Court if findings implicate a public servant.
- S. 25Section 25 grants the Lokayukta oversight and direction over investigations under the Act, and the power to request information from public servants.
- S. 26Section 26 authorizes the Lokayukta to authorize searches and seizure of relevant documents for investigations.
- S. 27Section 27 grants the Inquiry Wing of the Lokayukta powers equivalent to a civil court for preliminary inquiries.
- S. 28Section 28 of the Odisha Lokayukta Act 2014 authorizes the Lokayukta to use government officers or agencies for preliminary investigations and inquiries.
- S. 30Section 30 outlines the process for confirming the attachment of public servant's property suspected of corruption and its subsequent confiscation or restoration.
- S. 32Section 32 allows the Lokayukta to recommend suspension or transfer of a public servant if their presence could harm an ongoing corruption inquiry.
- S. 33Section 33 empowers the Lokayukta to issue directions to public servants to protect documents, prevent corruption-related asset transfers, and halt record destruction.
- S. 34Section 34 allows the Lokayukta to delegate administrative or financial powers to specific members or staff.
- S. 35Section 35 establishes special courts to expedite trials of corruption cases under the Odisha Lokayukta Act.
- S. 36Section 36 allows Lokayukta officers to request evidence from another state for investigations under the Odisha Lokayukta Act.
- S. 39Section 39 allows the Lokayukta to assess and recover quantifiable losses caused by corrupt public servants to the public exchequer.
- S. 40Section 40 mandates the Lokayukta to prepare and submit its budget for the next financial year to the Government.
- S. 41The government can allocate funds to the Lokayukta for salaries and operational expenses after legislative approval.
- S. 42Section 42 mandates the Lokayukta to maintain accounts and records, with audits by the Accountant General, Odisha, and annual reporting to the government.
- S. 43Section 43 mandates the Lokayukta to provide requested returns and statements to the Government regarding matters under its jurisdiction.
- S. 44(1) Every public servant shall make a declaration of his assets and liabilities in the manner as provided by or under t
- S. 45Section presumes public servants' undisclosed or misleadingly reported assets were acquired corruptly unless proven otherwise.
- S. 46Section penalizes false, frivolous, or vexatious complaints under the Odisha Lokayukta Act with imprisonment and fines, with special court jurisdiction and prosecution details.
- S. 47Section 47 outlines penalties for false complaints against public servants and compensation for affected individuals.
- S. 48Section 48 mandates the Lokayukta to annually report to the Governor, who then presents it to the Odisha Legislative Assembly.
- S. 49Section 49 protects public servants from legal actions for actions done in good faith while performing official duties.
- S. 50Section 50 protects Lokayukta and public servants from legal actions for good faith actions under the Act.
- S. 51Section 51 deems Lokayukta officials acting under this Act as public servants under the Indian Penal Code.
- S. 52Section 52 bars the Lokayukta from investigating complaints older than seven years.
- S. 53Section 53 prevents civil courts from hearing cases the Lokayukta is authorized to decide.
- S. 54Section 54 provides legal defense assistance to individuals against whom complaints are made to the Lokayukta if requested.
- S. 55Section 55 overrides any conflicting laws or instruments not part of this Act.
- S. 56The provisions of this Act shall be in addition to, and not in derogation of, any other laws for the time being in forc
- S. 57(1) The Government may, by notification, make rules to carry out the provisions of this Act
- S. 58Section 58 empowers the Lokayukta to create regulations to implement the Odisha Lokayukta Act, including staff conditions, sitting locations, website disclosures, and inquiry procedures.
- S. 59The section allows the government to issue orders to address difficulties in implementing the Act, but only within two years of its commencement, and must present these orders to the Odisha Legislative Assembly.
- S. 60(1) The Odisha Lokpal and Lokayuktas Act, 1995 is hereby repealed
- S. 1860Bar of Jurisdiction
- S. 1908—
- S. 1952Matters pending before any court or committee or authority for inquiry not to be affected
- S. 196120 may extend the order of attachment and keep such material for such period as the Court may deem fit
- S. 1974Power to delegate
- S. 1988Section exempts Lokayukta from investigating corruption allegations against Odisha Assembly members related to Assembly votes, but allows inquiry into other officials' bribery.
- S. 199321 31
- S. 1995Section transfers pending non-corruption proceedings from repealed act to government and maintains Lokpal officials' roles until new provisions.
- S. 2006—
- S. 2007Section defines terms used in the Odisha Lokayukta Act 2014 that are defined in other laws.
- S. 2010—