Maharashtra Tightens Oversight: State-Appointed Officers on Central Bodies Now Under Lokayukta

“The Maharashtra legislature had passed the Lokayukta Act unanimously. However, the amendment is to bring clarity to issues highlighted by the president’s office. As per this amendment, the officers appointed by the state on various authorities set up by the central government’s acts are now also under this act,” said Chief Minister Devendra Fadnavis, who presented the amendment to the act.

He said that it will end the existing ambiguity.

“As per the provisions of different Acts of Parliament, various boards, authorities, committees, etc., are constituted or appointed by the Central as well as state government. Under clause (g) of sub-section (1) of section 12 of the said act, it is intended to cover within the jurisdiction of the lokayukta only such authorities or officers which are constituted or appointed by the state government under the act of parliament and having their jurisdiction for the whole or part of the state and not the authorities or officers which are constituted or appointed by the central government under the act of parliament which are within the purview of the Lokpal and Lokayuktas Act, 2013,” said the bill.

It said that it will remove the doubt of overlapping of jurisdiction of Lokpal appointed under the Lokpal and Lokayuktas Act, 2013 and Lokayukta under the said Act in respect of such authorities appointed under the Central Acts.

Fadnavis said that the bill has proposed an amendment to substitute references to the repealed Central Acts, such as the Indian Penal Code, with existing Central Acts, such as Bharatiya Nyay Sanhita, in the Maharashtra Lokayukta Act.

The bill was passed without debate in the legislative assembly.

Fadnavis said that the amendments are being done based on the inputs provided from the President's office, and the amended act need not be sent back to that office.

The original act was passed during the Eknath Shinde-led MahaYuti government to bring the Chief Minister and council of ministers under the ambit of the anti-corruption ombudsman.

According to the act, the present or former chief minister of Maharashtra can be investigated by the Lokayukta only if the motion for the same is passed by the Legislative Assembly by a two-thirds majority.

Approval of the governor and the views of the group of ministers appointed by the governor are required to conduct an inquiry into present or former ministers.

Similarly, the approval of the Council chairperson or the Assembly speaker is required to probe the Legislative member. The Lokayukta will require approval from the minister concerned to probe even the municipal corporator or sarpanch.

The act has even brought IAS officials under the scope of the probe, but the Lokayukta will require the approval of the chief minister and the views of the chief secretary to initiate the probe.

- IANS