May 6, 2012 

Himachal Pradesh is one of the few states in the country which has taken a lead to strengthen and empower the Lokayukta in the state by passing Himachal Pradesh Lokayukta Bill, 2012 in the Vidhan Sabha in last session with a view to fulfill its commitment to provide the people of the State, a transparent, responsive and corruption free governance. Himachal Pradesh Lokayukta Bill, 2012 envisages to provide more teeth to the existing institution of Lokayukta.

Lokayukta shall be a multi member body with a transparent and open system of selection. Details of cases and their progress shall be put on the website of the Lokayukta to ensure transparency.  One of the peculiarities of the state Lokayukta Act is that it would also apply to the public servants who are posted outside the state of Himachal Pradesh in connection with the affairs of the State.

The Himachal Lokayukta shall have the power to file challan (charge sheet) before the Special Court against public servant and after that shall pursue the same in the Court through prosecution wing. The Himachal Lokayukta will have the power to file an appeal against the acquittal order of the Special Court.  Member of Gram Panchayat to highest public servant shall come under the purview of Lokayukta. The Himachal Lokayukta shall have the power to direct for appropriate action including transfer or suspension of that government servant from that position. 

The Lokayukta shall have the power to initiate suo-motto action on the matters relating to allegations of corruption committed by any public servant. It will also have the powers to get the FIR registered from its own investigating wing or other investigating agency.

The Lokayukta has also been empowered to recommend departmental proceedings. It will have the power to recommend staying, cancellation or modification of lease, license, permission, contract or agreement, if it was obtained by corrupt means and to recommend blacklisting of a firm, company, contractor or any other person, involved in an act of corruption. 

The Himachal Lokayukta shall have the power to take action on allegation of corruption under H.P. Prevention of Specific Corrupt Practices Act, 1983. The Lokayukta can initiate the process to get the property and assets acquired by corrupt means attached and confiscated in accordance with law. It shall have the power to make recommendations to public authorities to make changes in their work practices to reduce the scope of corruption and whistleblower victimization. It can get the complaint be investigated by its investigation wing or any investigating agency.

Prosecution sanction or report in writing has to be granted or sought 120 days from the date of receipt of investigation report, failing which the prosecution sanction shall be deemed to have been granted.  The State Government on the recommendation of Himachal Lokayukta will designate Special Courts in consultation with the High Court to hear and decide the cases.

It can also issue a letter of request to a Court or an authority in another State competent to examining the facts and circumstances of the case, take such steps as the Special Court may specify in such letter of request, and forward all the evidence so taken or collected to the Special Court issuing such letters of request. It will have a prosecution wing and an investigation wing for the purpose of conducting fair, impartial and transparent investigation of any offence alleged to have been committed by a public servant. 

The Lokayukta can issue directions to provide full protection to whistle blowers from any physical victimization, physical threat or administrative harassment.

To prevent the incidence of corruption, the Lokayukta can make any recommendation to the public authority concerned to stay the implementation and enforcement of any decision or take such action as may be recommended by it. The public authority shall either comply with the recommendations of the Lokayukta or reject the same within 30 days of the recommendations thereof.