Sikkim Lokayukta Amendment Bill details selection process for appointment of Lokayukta

GANGTOK, 10 Sept: The two-day Summer Session of Sikkim Legislative Assembly began today with the introduction of one new legislative Bill and three Amendment Bills. Chief Minister Pawan Chamling who is also the Minister In-charge of Law and Justice Department introduced the Sikkim Lokayukta (Amendment) Bill detailing the process by which Sikkim will choose its Lokayukta. It may be recalled that the Sikkim Lokayukta Bill of 2010 had received Presidential consent recently as one of the final official tasks completed by the former President of India, Pratibha Devi Singh Patil, before the present incumbent took office.
The statement of object & reasons accompanying the amendment Bill explains that these are required “to deal with typographical errors and also to streamline the functioning of the Lokayukta in the state”.
Amendment 5 of Section 3 has proposed to substitute in section 3 of the original Act “in the proviso to sub-section (1), for the words ‘after the consultation with the Chief Justice of High Court of Sikkim, Speaker of Sikkim  Legislative Assembly as Member, Leader of Opposition in the State Legislative Assembly if there is any’” with “the Governor on the basis of the recommendation of a Selection Committee consisting of the Chief Minister as Chairman, Chief Justice of High Court of Sikkim as member, Speaker of Sikkim  Legislative Assembly as Member, Leader of Opposition in the State Legislative Assembly, if any Member and an eminent person to be nominated by the Cabinet as Member.”
The proposed amendment has also inserted two more sub-sections, qualifying that the recommendation of the Selection Committee shall be based on the decision of the Majority of the members present in the Selection Committee meeting and specifies in sub-section (3) that no appointment of Lokayukta shall be deemed invalid merely by reason of absence of any member in the Selection Committee members.
Another proposed amendment empowers the Lokayuta to inquire or investigate, on receipt of a complaint, “any action which is taken by or with the general or specific approval of a Minister or the Chief Secretary or a Secretary or member of State Legislature” or any public servant.
An amendment also proposes that the provision of limitation will not apply in cases where the State Government refers any allegation or grievance or action to the Lokayukta for investigation.
A proposed amendment also provides for the Lokayukta to proceed with further proceedings, on matters pending before any other authority and referred to the Lokayukta under specific conditions, from the stage at which it was pending before any such authority earlier.
The rest of the amendments are essentially grammatical or typographical corrections in the original Act.
Discussions and voting on the proposed Amendment Bill are scheduled to be taken up on 11 September.