EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1453, CUTTACK, FRIDAY, AUGUST 2, 2019 / SRAVANA 11, 1941
SECRETARIAT
OF
THE ODISHA LEGISLATIVE ASSEMBLY
NOTIFICATION
The 1st August, 2019
No. 7990–L.A.— The following Bill which has been introduced in the Odisha
Legislative Assembly on the 1st August, 2019 is here with published under Rule-68 of the
Rules of Procedure and Conduct of Business in the Odisha Legislative Assembly for
general information:—
THE ODISHA LOKAYUKTA (AMENDMENT) BILL, 2019
A
BILL
TO AMEND THE ODISHA LOKAYUKTA ACT, 2014
Be it enacted by the Legislature of the State of Odisha in the Seventieth Year of
the Republic of India, as follows:—
Short
title
and
commencement.
1. (1) This Act may be called the Odisha Lokayukta
(Amendment) Act, 2019.
(2) It shall deemed to have come into force on the 7th day
of July, 2018.
Amendment
of
section 44.
2. In the Odisha Lokayukta Act, 2014 (hereinafter referred
to as the principal Act), for section 44, the following section
shall be deemed to have been substituted, namely:—
Odisha Act 12 of
2018.
2
“44. 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 in such manner as may
be prescribed.”
Amendment
of
section 57.
3.In the Principal Act, in section 57, in sub-section (2), for
clauses (k) and (I), the following clause shall be substituted,
namely:—
“(k) the form and manner of declaration on assents
and liabilities by public servants under section
44:
Provided that the rules may be made under this clause
retrospectively from the date on which the provisions of this
Act came into force;”.
3
STATEMENT OF OBJECTS AND REASONS
The Odisha Lokayukta Act, 2014(Odisha Act 12 of 2018) has been enacted in line
with the Central Act i.e. the Lokpal & Lokayuktas Act, 2013 (No. 1 of 2014) to provide for
the establishment of a body of Lokayukta for the State to inquire into allegations of
corruption against certain public functionaries and for matters connected therewith or
incidental thereto.
Section 44 of the Odisha Lokayukta Act, 2014 requires making of a declaration of
assets and liabilities by the public servant to the competent authority in the manner
provided under the said Act. The said provision of the Act requires furnishing of
information relating to assets and liabilities by a public servant and filing of annual return
with the competent authority in such form and such manner as may be prescribed, on or
before the 31st day of July every year, who shall ensure that such statements are
published on the website of respective Departments by the 31st day of August of that year.
Considering some difficulties in implementation of the said provision of the Act,
Government of India have amended the Lokpal and Lokayukta Act, 2013, in which the
provision of section 44 has been substituted to the effect that on and from the date of
commencement of the Principal Act, every public servant shall make a declaration of his
assets and liabilities in such form and manner as may be prescribed. Since the Odisha
Lokayukta Act, 2014 has been framed in line with the Lokpal and Lokayuktas Act, 2013, it
is likely that identical difficulties may occur while implementing the above provisions the
Odisha Lokayukta Act, 2014.
In order to obviate such difficulties, it is considered expedient to suitably substitute
section 44 of the Odisha Lokayukta Act, 2014 providing therein that every public servant
shall make declaration of his assets and liabilities in such form and manner as may be
prescribed and consequently it is proposed to amend suitably clause (k) and (l) of sub-
section (2) of section 57 of the Act to bring it in consonance with the amendment made to
section 44 of the Central Act. It is also proposed to bring the above amendment from the
date on which the provisions of this Act came into force and make rules retrospectively
from the said date.
The extracts of the existing provisions of section 44 of the Act is enclosed as
Annexure.
NAVEEN PATNAIK
Member-In-Charge
DASHARATHI SATAPATHY
SECRETARY
ODISHA LEGISLATIVE ASSEMBLY
Printed and Published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 784-173+12