CHENNAI : Four months after the Lokayukta Bill, which brings the chief minister, ministers and officials under the ambit of this anti-corruption law, was passed by the State Assembly, the Act came into force from November 13 with the Government issuing an extraordinary gazette notification. On the same day, the government notified the Tamil Nadu Lokayukta Rules, 2018 making the anti-corruption ombudsman a reality in the State.
The Rules give details of how to constitute the search committee to appoint the four members of the Lokayukta, procedure at the meetings, etc. As per the rules, chairperson or members of the Lokayukta, can reject a complaint if it is frivolous, vexatious, not made in good faith, there are insufficient grounds for inquiring into it or an earlier complaint based on same allegations was previously disposed by Lokayukta. Significantly, no complaint would be permitted to be withdrawn unless the Lokayukta is satisfied it was made under a bonafide mistake.
“Subject to the provisions of the Right to Information Act, 2005 ... every inquiry shall be conducted in private and in particular, the identity of the complainant and of the public functionary affected by the inquiry, shall not be disclosed to the public or the press or published in any manner whether before, during or after the inquiry,” the rules said.
The chairperson or members, as the case may be, in their discretion, at any time, after the commencement of any inquiry under the Act, order discontinuance of further inquiry of any complaint involving an allegation, may refuse to inquire or cease to inquire any complaint if, in his opinion, there are no sufficient grounds for inquiring or as the case may be, for continuing the inquiry, or other remedies are available to the complainant and in the circumstance of the case it would be more proper for the complainant to avail of such remedies.
The four member-body should be headed by a judge or retired judge of high court or a person with 25 years of experience in the state judiciary with an impeccable record. The non-judicial member should have experience in anti-corruption policy, public administration, vigilance, finance and law.
The chairperson and the members will be appointed by the Governor, on the recommendation of the selection committee comprising the Chief Minister, Assembly Speaker, Leader of the Opposition or the leader of the single largest party in opposition in the Assembly. The selection committee should constitute the search committee consisting of three persons having special knowledge and expertise in the fields specified in the ActWhen the Bill was taken up for discussion, Leader of Opposition and DMK president MK Stalin said the Bill was ‘toothless’ and should be referred to a select committee.
The DMK’s allies, and anti-corruption activists too held similar views. However, Minister for Personnel and Administrative Reforms, D Jayakumar said the Bill was drafted in line with the Lokpal Bill and certain portions could be amended in due course.