2
of 2024 [12th
March 2024] An act further to amend the Mizoram Lokayukta
Act, 2014. It it enacted by the Legislative Assembly of
Mizoram in the Seventy Fifth Year of the Republic of India as follows, namely:- (1)
This Act may be called the Mizoram Lokayukta
(Amendment) Act, 2024. (2)
It shall have the like extent as the
Principal Act. (3)
It shall come into force on the date of
publication in the Official Gazette. In sub-section (3), the following clause
shall be added- "(c)
A person appointed as Chairperson or Member of Lokayukta shall, before entering
upon his office, make and subscribe before the Governor, an oath or affirmation
in the form as prescribed/ set out in the Schedule". (1)
In sub-section (3), the following second
proviso shall be added- "Provided further that the Selection
Committee may also consider any person other than the persons recommended by
the Search Committee". (2)
Sub-section (4) shall be substituted by the
following- "The Selection Committee shall regulate
its own procedure in a transparent manner for selecting the Chairperson and
Members of the Lokayukta". In sub-section (1), the words "if there
are any Member(s)" shall be omitted. The word "Lokayukta" shall be
substituted by the words "Chairperson and Members". (1)
In clause (ii), the words "if so
appointed" shall be omitted. (2)
In proviso to section 7, the words "if
any" shall be omitted. In sub-section (1) the words "if so
appointed" shall be omitted. In sub-section (1), the words "if there
are any members" shall be omitted. (1)
In the heading, the words "Director of
Inquiry and Prosecution" shall be substituted by the words "Chief
Inquiry Officer and Public Prosecutor". (2)
In sub-section (2), the words "Director
of Inquiry and Prosecution not below the rank of the Additional Secretary"
shall be substituted by the words "Chief Inquiry Officer and a Public
Prosecutor not below the rank of the Deputy Secretary". Chapter III of the Mizoram Lokayukta Act,
2014 (hereinafter referred to as the Principal Act) shall be substituted by the
following namely:- "CONSTITUTION OF INQUIRY WING AND
PROSECUTION WING" (1)
The Lokayukta shall, by notification,
constitute an Inquiry Wing and a Prosecution Wing headed by the Chief Inquiry
Officer and the Public Prosecutor respectively for the purpose of inquiry and
prosecution of public servants in relation to any complaint before the Lokayukta
under this Act. (1)
The Lokayukta shall, by notification,
constitute an Inquiry Wing headed by the Chief Inquiry Officer for the purpose
of Inquiry of public servants in relation to any complaint before the Lokayukta
under this Act : Provided that till such time the Inquiry Wing
is constituted by the Lokayukta, the State Government shall make available such
number of officers and other staff from such of its Department as may be
required by the Lokayukta, for conducting preliminary inquiries under this Act. (2)
For the purposes of assisting the Lokayukta
in conducting a preliminary inquiry under this Act, the officers of this Wing
shall have the same powers as are conferred upon the Lokayukta under section
27(1) of this Act. (1)
The Lokayukta shall, by notification,
constitute a Prosecution Wing headed by the Public Prosecutor for the purpose
of prosecution of public servants in relation to any case filed by the
Lokayukta under this Act. (2)
The Public Prosecutor shall, after having
been so directed by the Lokayukta, file a case in accordance with the findings
of the investigation report, before the Special Court. All necessary steps
shall be taken by the Public Prosecutor appointed by Lokayukta for Prosecution
of the offence punishable under the Prevention of Corruption Act, 1988 or any
other relevant laws. (3)
The case referred to under sub-section (2)
shall be deemed to be a report, filed on completion of investigation, referred
to in section 173 of the Code of Criminal Procedure, 1973". (1)
In sub-section (1) (a) of the Principal Act,
the words "Speaker or Deputy Speaker" shall be substituted by the
words "Deputy Chief Minister, Minister or Minister of State". (2)
In sub-section (1) (b) of the principal Act,
the words "Minister of the State" shall be substituted by the words
"Speaker or Deputy Speaker". (3)
Proviso to sub-section (3) of section 13 of
the Principal Act shall be substituted by the following, namely:- "Provided that no action under this Act
shall be initiated against the person serving under the Central Government or
any other Authority/Organisation without obtaining approval from Competent
Authority of the Central Government or such Authority/Organization." Proviso shall be inserted to section 14 as
follows, namely:- "Provided that any complaint filed
before any Special Agency or Authority other than the Lokayukta subsequent to
commencement of this Act shall be continued before such Agency or
Authority." In section 19 of the Principal Act, (1)
In sub-section (2), the words, figures and
symbols "45 (forty five) days" shall be substituted by the words,
figures and symbols "90 (ninety) days". (2)
In sub-section (3), the words "make
recommendations" shall be substituted by the words "take a
decision". (3)
In sub-section (3) (b), the word
"recommend" shall be inserted before the word "any". (4)
In sub-section (4), the words, figures and symbols
"45 (forty five) days" shall be substituted by the words, figures and
symbols "90 (ninety) days and for reasons to be recorded in writing,
within a further period of 60 (sixty) days". (5)
In sub-section (5), the words, figures and
symbols "subject to the provisions of section 17A of the Prevention of
Corruption Act, 1988 and section 6 of the Delhi Special Police Establishment
Act, 1946," shall be inserted between the words "agency" and
"to carry out". (6)
In proviso to sub-section (5), the words
"three months" shall be substituted by the words "six
months". (7)
In sub-section (7) (b), the word
"recommend" shall be inserted before the word "any". The words "or may authorise any
investigating agency to file a case" shall be inserted between the words
"the Lokayukta may file a case" and "in the Special Court". In section 25 of the Principal Act, (1)
In clause (b), the words "and after
completion of the investigation" shall be omitted. (2)
Clause (c) shall be substituted by the
following:- "(c)
on completion of the investigation, to order prosecution of the accused before
the Special Court and also (i)
to recommend punishment of any kind including
dismissal, removal or reduction in rank or any other punishment prescribed by
any law or rules in force. (ii)
to impose recovery of the loss caused to the
public against the erring public servants after giving them full opportunities
of being heard. In the event of non-execution by the Government, the reason for
non- execution shall be laid before the Mizoram Legislative Assembly in its
first session after the expiry of six months. While recommending any action
Lokayukta will duly consider distinction between bonafide action and an action
with malafide intention, and also error of judgement with and without
ill-will;" In sub-section (1), the words, figures and
symbols "subject to the provisions of section 6 of the Delhi Special
Police Establishment Act, 1946" shall be inserted after the symbol and
words (CBI). Section 43 of the Principal Act shall be
substituted by the following namely:- "43.
On and from the date of commencement of this Act, every public servant shall
make a declaration of his assets and liabilities in such form and manner as may
be prescribed." The symbol "," shall be inserted
between the words "jurisdiction" and "powers". The word
"modification" shall be substituted by the words "modifications
made and". The words "and that the word Lokpal,
wherever it occurs in that section, shall be construed as Lokayukta" shall
be inserted after the word "apply". In clause (c) and (d) of sub-section (2) of
section 58 of the Principal Act, the figure "20" shall be substituted
by the figure "19".Mizoram
Lokayukta (Amendment) Act, 2024