Gujarat government justifies new Lokayukta bill

Gandhinagar, 23 March 2013

Gujarat Government today in a statement said that the state government is bringing a bill in Gujarat assembly for appointment of more than one Lokayukta as per the Governor’s message. The statement further said that the bill is to be tabled, so that Rs 300 crore sum allocated to Gujarat by 13th Finance Commission for development purpose may not get blocked.

The state government in its release said: 13th Finance Commission had in its recommendations, ordered constitution of a body of independent probe-officers to tackle complains against elected body representatives. 13th Finance Commission has connected Rs 300 crore performance grant with this provision.

6.4.5 (i) The State Government must put in place a system of independent local body ombudsmen who will look into complaints of corruption and mal-administration against the functionaries of local bodies, both elected members and officials, and recommend suitable action. All elected functionaries and officials in all Zila Parishads and in all municipal corporations and municipalities at least should come under the purview of ombudsman. The passage of relevant legislation and its notification will demonstrate compliance with this condition.

(ii) In the event that all or a class of the functionaries mentioned above fall under the jurisdiction of the Lok Ayukta of the state, it will be upto the State to decide whether to continue with these arrangements or to shift the functionaries to the jurisdiction of the Ombudsman. Self- certification by State Governments will demonstrate compliance with this condition.

Thus as per what has been stressed out and directed by 13th Finance Commission, the Gujarat government attempted to amend The Lokayukta Act 1986 to cover elected representatives and officials of local bodies under Lokayukta. The Governor returned proposed bill passed on 30th March 2011 by Gujarat assembly with following message:

At first glance it seems that one Lokayukta – however efficient and capable he/she is – would not be able to give enough attention to such a big number of complains by non-officials about irregularities. More over Lokayukta will need to give attention to all the allegations against large number of public workers. This bill has not made it clear that if needed more Lokayukta can be appointed. I think this is proposed bill’s major limitation…

In connection with the matter discussed above, I think it is more appropriate that my opinion should be discussed in the house, so that whatever institutional mechanism is set up for Lokayukta in the state, it can give proper justice to its work load.