TEAM HERALD
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PANJIM: The government has decided to reduce the fine for ‘false and frivolous’ complaints filed before the Lokayukta to between Rs 10,000 and Rs 1 lakh and change the ‘deemed to be rejected’ clause present in the Lokayukta (Amendment) Bill for indictment reports of the Lokayukta to ‘deemed to be accepted’ if competent authorities do not act on the reports.
The draft amendment however continues with the intent of the amendment bill which sought to make it optional for the chief minister or minister to resign if indicted by a Lokayukta.
Copies of the bill, circulated by the Legislature Secretariat, anticipating its tabling two days from now, makes it mandatory for a government official to vacate his post if indicted by a Lokayukta.
The Goa Lokayukta (First Amendment) Bill, 2013 ~ has been re-drafted after the Governor returned the amendment bill and sent it back to the House for reconsideration, which crucially however, makes it mandatory for a competent authority to act on a recommendation of the Lokayukta, failing which, the recommendation would be deemed to be accepted.
“The competent authority shall, within a period of three months from the date of receipt of the report, either accept or reject such a declaration after giving an opportunity of being heard to the public functionary concerned… If the declaration… is not rejected within such period of three months, it shall be deemed to have been accepted by the competent authority…, the new ‘proposed to be inserted section’ states.
However the same section continues to give immunity to chief minister and ministers. “If the declaration… is in respect of a chief minister or a minister, accepted or deemed to be accepted by the competent authority, he may resign from his office.
Government servants however do not have this privilege. With effect from the date of intimation of acceptance or deemed acceptance, the public functionary shall be ‘deemed to have vacated his office’ or placed under suspension depending on the sections he is convicted under. IAS officers shall be kept under suspension in accordance with the rules or regulations application to their service.
In the amendment bill, passed by the House earlier this year, but which was returned by the Governor, had the much criticized ‘deemed rejection clause’ if the competent authority did not act on a Lokayukta report.
The government has also reduced the proposed fine from the previous Rs 1 lakh – Rs 10 lakh (as mandated in the previous bill) to Rs 10,000 – Rs 1 lakh. The fine is however still higher than what was enacted in the original Act, which was up to a maximum of Rs 10,000.
