On this page you will read detailed information about Tamil Nadu Lokayukta Act.
As an informed citizen, you should have a good understanding of the key provisions of your state’s anti-corruption legislation. The Tamil Nadu Lokayukta Act is a critical piece of legislation that establishes an independent anti-corruption watchdog and grievance redressal system in the state. In this 100-word article, you will gain insight into the background, purpose, powers and functions of the Lokayukta as outlined in the act. The discussion touches upon the structure, appointment process and jurisdiction of the Lokayukta. You will also learn about the types of public functionaries covered under the act. This concise overview helps build your knowledge of this important anti-corruption law in Tamil Nadu.
Background and Purpose of the Tamil Nadu Lokayukta Act
The Tamil Nadu Lokayukta Act was passed in 2018 to establish the office of the Lokayukta in Tamil Nadu. The Lokayukta is an anti-corruption ombudsman organization that aims to handle complaints against public servants for acts of corruption, nepotism, and maladministration.
Establishment of the Lokayukta
The Act provides for the appointment of a Lokayukta, an Upa-Lokayukta, and other staff to carry out the functions of the Lokayukta effectively. The Lokayukta is appointed by the Governor on the advice of a selection committee consisting of the Chief Minister, the Leader of the Opposition in the Legislative Assembly, the Chief Justice of the Madras High Court, and an eminent jurist nominated by the Governor.
Jurisdiction and Powers
The Lokayukta has jurisdiction over all public servants except judicial officers, members of the State Legislature, and Chairperson and members of the Tamil Nadu Public Service Commission. It has the power to investigate and conduct inquiries into allegations of corruption against public servants. Based on its findings, the Lokayukta can impose penalties, recover losses caused, and file charge sheets in court.
Complaints and Investigations
Any person can file a complaint before the Lokayukta alleging an act of corruption, nepotism or maladministration against a public servant. The Lokayukta may also take up investigations suo motu. Preliminary inquiries are conducted to determine if the allegations merit a full investigation. Search and seizure operations can be conducted and witnesses can be summoned during the investigation. The public servant concerned is given an opportunity to be heard before final orders are passed.
In summary, the Tamil Nadu Lokayukta Act aims to curb corruption in the state’s public administration through an independent body with adequate powers of investigation and inquiry. By bringing accountability and transparency, it seeks to enhance people’s faith in the system of governance. The Act is a significant step forward in anti-corruption efforts in Tamil Nadu.
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Key Definitions in the Act
To understand the provisions and objectives of the Tamil Nadu Lokayukta Act, it is important to comprehend some of the key definitions outlined in the legislation.
Lokayukta
The Lokayukta refers to the anti-corruption ombudsman organization established under this Act. It comprises of a Chairperson and two Members appointed by the Governor on the recommendation of a Selection Committee. The Lokayukta is tasked with investigating allegations of corruption against public servants in the state.
Public servant
The Act defines a public servant as any person who holds an office in connection with the affairs of the Union, the Government of a State or a local/other authority. This includes Ministers, Members of Parliament or State Legislatures, government employees, and executives of government companies. The Lokayukta has jurisdiction over all public servants in Tamil Nadu except judges.
Corruption
Corruption refers to “the abuse of public office for private gain”. The Act outlines several acts that constitute corruption, including bribery, nepotism, and embezzlement of public funds or property. Corruption under the Act also includes any action that results in a pecuniary advantage or valuable thing to a public servant or any person on his/her behalf.
Preliminary inquiry
A preliminary inquiry refers to an initial investigation to determine if there exist prima facie grounds to proceed with a full investigation against a public servant. The Lokayukta may order a preliminary inquiry based on a complaint filed by any person or on its own accord. If reasonable grounds are found, the Lokayukta will proceed with a full investigation, otherwise the complaint is dismissed.
The definitions form the foundation for understanding the procedures, powers and objectives outlined in the Tamil Nadu Lokayukta Act. Familiarizing yourself with these key terms will provide clarity on how the anti-corruption legislation aims to achieve its goal of curbing graft in the state administration.
Appointment and Term of the Lokayukta
The Lokayukta is appointed by the Governor on the advice of the Chief Minister, after obtaining the recommendations of a Selection Committee. The Selection Committee comprises the Chief Minister as Chairperson, the Speaker of the Legislative Assembly, the Leader of Opposition in the Legislative Assembly and the Chief Justice of the High Court of Judicature at Madras or a Judge of the High Court nominated by him.
Eligibility Criteria
The Lokayukta must be a person who has been a Judge of the High Court or a person who fulfills the eligibility criteria for appointment as a Judge of the High Court. The Lokayukta holds office for a term of five years from the date on which he enters upon his office. He can be reappointed for another term of five years. However, a Lokayukta can resign from his office at any time by tendering his resignation to the Governor. The Lokayukta can also be removed from office in the manner and on the grounds prescribed for the removal of a Judge of the High Court.
Salary and Allowances
The Lokayukta is entitled to a salary equal to that of the Chief Justice of the High Court. He is also entitled to allowances and perquisites as are admissible to a Judge of the High Court. The salary, allowances and perquisites of the Lokayukta are charged on the Consolidated Fund of the State.
Staff of the Lokayukta
The Lokayukta is aided in the discharge of his duties by an advisory council and also officers and other employees as may be appointed to assist him. The Lokayukta can appoint or authorize any person to perform any of his functions under the Act. He can also delegate any of his powers to any officer or other employee. The officers and other employees appointed to assist the Lokayukta hold office during the pleasure of the Lokayukta.
In summary, the appointment, eligibility, term, salary and staff of the Lokayukta provide the necessary independence and authority to the institution to function as an effective anti-corruption ombudsman in Tamil Nadu.
Powers of the Lokayukta
The Lokayukta has been vested with wide powers to investigate and prosecute public servants in cases of corruption. Under the Tamil Nadu Lokayukta Act, the Lokayukta can inquire into allegations of corruption against public servants on its own initiative or following complaints received from members of the public.
Investigation
The Lokayukta is empowered to carry out searches, seizures, and arrests. It can summon witnesses, examine them under oath, and require the production of documents. The Lokayukta has the same powers as a civil court while trying a suit under the Code of Civil Procedure, 1908 in respect of summoning and enforcing the attendance of any person and examining him on oath.
Prosecution
After investigation, if the Lokayukta finds sufficient evidence against the accused public servant, it can launch prosecution in special courts. The special courts are deemed to be civil courts as well as criminal courts. The Lokayukta can direct the special courts to confiscate properties that are found to be disproportionate to the known sources of income of the accused public servant.
Recommendations
The Lokayukta can also recommend disciplinary action against public servants found guilty of corruption. It submits its recommendations along with the evidence collected to the competent authority which is required by law to inform the Lokayukta about the action taken within three months. The competent authority has to get the approval of the Lokayukta before taking a decision that varies from the recommendations given by the Lokayukta.
To summarize, the Lokayukta in Tamil Nadu has been given adequate powers to investigate and prosecute cases of corruption against public servants in an independent and impartial manner. By exercising these powers judiciously, the Lokayukta can play an important role in tackling corruption and upholding integrity in public administration.
Functions and Duties of the Lokayukta
Investigation of Corruption Cases
The Lokayukta has the authority to investigate cases of corruption against public servants in the state. Upon receiving complaints or information regarding corrupt practices by public officials, the Lokayukta can conduct inquiries and investigations into the matter. The Lokayukta has the power to search, seize and issue summons during the investigation.
Submission of Report
Upon completion of the investigation, the Lokayukta submits a report to the government detailing the findings and recommendations. The report would contain details of the corrupt acts committed by the public servant along with the Lokayukta’s recommendations for disciplinary proceedings. The government is mandated to take action based on the recommendations within three months. Failure to do so requires the government to table an explanation before the State Legislature.
Advisory Role
The Lokayukta also plays an advisory role to the government and its various departments. It can advise the government on methods to curb corrupt practices, simplify procedures and promote integrity among public servants. The Lokayukta may also suggest amendments to existing laws or propose new legislations to eliminate opportunities for corruption.
Improving Administration
Another function of the Lokayukta is to suggest ways and means to improve the administration of various government departments and public sector organisations. It reviews the administrative procedures and systems in government offices and proposes reforms to increase efficiency, transparency and accountability. The recommendations aim to plug loopholes that enable corrupt practices.
The Lokayukta strives to create an ethical and corruption-free public administration in the state. Through its multifarious functions of investigation, recommendation and advisory, it endeavours to achieve its objective of eradicating corruption from public life and improving governance. The Lokayukta’s role in strengthening integrity in administration and effective implementation of anti-corruption laws is crucial for good governance.
Procedure for Investigation by the Lokayukta
To initiate an investigation, a complaint must be filed with the Lokayukta. The Lokayukta may also take up investigation suo motu, meaning on its own motion, without a formal complaint. Upon receiving a complaint, the Lokayukta will review it to determine whether it discloses a prima facie violation of the Prevention of Corruption Act. If so, a preliminary inquiry will be conducted by the Lokayukta’s investigation wing.
During the preliminary inquiry, statements from the complainant and public servant concerned are recorded. Relevant documents are scrutinized and inquiries are made from other sources. If the Lokayukta concludes that the allegations are substantiated, a regular investigation is ordered. The public servant is informed about the allegations and asked to respond within a stipulated time. During a regular investigation, the Lokayukta examines witnesses and documents to ascertain the truth of the matter. The public servant is given an opportunity to cross-examine witnesses, produce evidence and be heard in defense.
Upon conclusion of the investigation, the Lokayukta submits an investigation report to the competent authority, recommending appropriate action. The competent authority refers the report to the concerned public servant for submission of an explanation. After considering the explanation, the competent authority passes final orders. The Lokayukta also monitors implementation of the orders passed by the competent authority.
At any stage of the inquiry or investigation, the Lokayukta may recommend disciplinary action or prosecution against the concerned public servant. The Lokayukta may also recommend changes in procedures, rules or regulations to reduce the scope for corruption. The Lokayukta submits an annual report to the State Legislature highlighting important cases dealt with during the year and the recommendations made.
The Lokayukta aims to complete inquiries expeditiously, preferably within 6-18 months. The proceedings before the Lokayukta are deemed to be judicial proceedings under the Indian Penal Code and the Lokayukta is vested with the powers of a civil court. The Lokayukta Act provides for strict confidentiality to be maintained regarding complaints and investigations.
Action on Investigation Reports
Upon completion of an investigation, the Lokayukta is required to submit an investigation report to the competent authority, which will then determine appropriate action based on the findings and recommendations in the report. The competent authority must then take action on the report within three months of receiving it. Failure to do so qualifies as “non-compliance” under the Act.
The competent authority has several options for acting on an investigation report. It may accept the recommendations fully or partially and take action against the public servant involved, including imposition of penalties or disciplinary action. Alternatively, the authority may disagree with the findings and recommendations, in which case it must record the reasons for disagreement in writing. The authority may also decide to conduct further investigation before determining appropriate action.
In the event the competent authority fails to take action or delays action beyond three months, the Lokayukta may approach the high court to issue directions to the authority. The high court may then direct the competent authority to act on the report within a specified time period. Continued failure to comply can lead the high court to take action against the head of the competent authority for contempt of court.
To ensure impartiality and prevent interference, no sanction or approval is required from any authority for the Lokayukta to investigate or submit a report. However, the competent authority remains responsible for final action against a public servant based on the findings of the Lokayukta. This provision aims to strike a balance between independence of the Lokayukta institution and administrative authority of the government.
The provisions relating to action on investigation reports are a crucial part of the Tamil Nadu Lokayukta Act. They help strengthen the institution by requiring competent authorities to act on reports in a timely manner and empowering the Lokayukta to approach the judiciary in case of non-compliance. At the same time, they preserve the authority of the government over disciplinary action against public servants under their administration.
Protection for Whistleblowers and Witnesses
The Act provides safeguards to protect whistleblowers and witnesses from victimization. Any person who has made a disclosure or given evidence under the Act cannot be subjected to any legal or departmental proceedings. Further, the identity of the whistleblower or witness will not be revealed unless deemed absolutely necessary for the purposes of the preliminary inquiry or investigation.
Any public servant who takes detrimental action against a whistleblower or witness will be penalized. This includes dismissal, removal, withholding of promotion or increments, or discrimination of any kind. The Lokayukta may pass orders to prohibit such detrimental action and provide relief to the victimized person.
To encourage disclosures and evidence from witnesses, the Act offers incentives in the form of rewards. Any person who has made a disclosure or given evidence that leads to recovery of loss to the state exchequer or results in criminal prosecution may be rewarded up to 1% of the amount recovered or loss prevented. The Lokayukta determines the quantum of reward in each case.
The protections and rewards provided under the Act aim to create an enabling environment where citizens and public officials feel empowered to report wrongdoings without fear of backlash. By shielding whistleblowers and witnesses, the Act facilitates exposure of corruption and contributes to greater transparency and accountability in the system of governance in Tamil Nadu. Overall, these provisions serve the broader goal of anti-corruption and clean governance outlined in the preamble of the Act.
The safeguards and incentives introduced in the Tamil Nadu Lokayukta Act are progressive measures that can strengthen the anti-corruption mechanism in the state. With an increase in disclosures and witnesses coming forward, the Lokayukta would gain greater ability to detect and investigate corrupt practices. This may, in turn, act as an effective deterrent against abuse of power and position for personal gain among public servants.
FAQs on the Tamil Nadu Lokayukta Act
The Tamil Nadu Lokayukta Act provides for the establishment of the Lokayukta to inquire into allegations of corruption against certain public servants in the state of Tamil Nadu, India. Some frequently asked questions about this act are:
The goal of this act is to curb corruption in public administration by investigating complaints of corruption, nepotism, and maladministration against public servants. The Lokayukta aims to ensure accountability, integrity, and transparency in governance.
Any individual can file a complaint to the Lokayukta against public servants, including the Chief Minister, Ministers, Members of Legislative Assembly, government officials, and chairpersons/members/officers of local authorities, public enterprises, and universities.
Complaints can be submitted in writing or electronically to the Lokayukta. The complaint should contain details of the allegations, names and designations of public servants involved, and any available evidence in support of the complaint. Anonymous or pseudonymous complaints are not entertained.
Upon receiving a complaint, the Lokayukta may call for an explanation from the concerned public servant. It may also direct the Anti-Corruption Bureau or Vigilance Commission to conduct a preliminary inquiry and submit a report. If the Lokayukta is satisfied that the complaint needs to be investigated further, it will order a full investigation into the matter.
The Tamil Nadu Lokayukta Act aims to curb corruption and ensure accountability in governance through a transparent complaints redressal mechanism. By understanding the key provisions and procedures under this act, citizens can play an active role in fighting corruption in the state’s public administration.
Conclusion
You now have a comprehensive understanding of the key provisions of the Tamil Nadu Lokayukta Act. This law establishes an anti-corruption ombudsman to investigate allegations of corruption against public officials in the state. By learning about the Lokayukta’s appointment, powers, functions, and procedures, you can better understand how this institution promotes accountability and integrity in governance. With this knowledge, you are equipped to participate in the public discourse around anti-corruption efforts. Moving forward, continue expanding your understanding of institutional frameworks against corruption by studying similar legislation in other states and at the central level. An informed citizenry is crucial for strengthening democracy and the rule of law.
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