Govt Lokpal Vs Jan Lok Pal Bill

DRAFT LOKPAL BILL 21ST June, 2011 04:00PM
THELOKPALBILL,2011 ARRANGEMENTOFCLAUSES CHAPTERI PRELIMINARY Shorttitleandcommencement. Definitions. CHAPTERII ESTABLISHMENTOFLOKPAL EstablishmentofLokpal. AppointmentofchairpersonandotherMembersandSelectionCommittee. FillingofvacanciesofChairpersonorotherMembers. TermofofficeandotherconditionsofserviceofChairpersonandMembers. Salary,allowancesandotherconditionsofserviceofChairpersonandMembers. RemovalandsuspensionofChairpersonandotherMemberofLokpal. RestrictiononemploymentbyChairpersonandMembersafterceasingtoholdoffice. MembertoactasChairpersonortodischargehisfunctionsincertaincircumstances. Secretary,otherOfficersandstaffofLokpal. CHAPTERIII INVESTIGATIONWING InvestigationWing. Investigationofficertohavepowersofpolice. InvestigationofficertoinquireondirectionofLokpal. CHAPTERIV PROSECUTIONWING AppointmentofProsecutionDirector. CHAPTERV EXPENSESOFINSTITUTIONOFLOKPALTOBECHARGEDON CONSOLIDATEDFUNDOFINDIA ExpensesofLokpaltobechargedonConsolidatedFundofIndia. CHAPTERVI JURISDICTIONINRESPECTOFINQUIRY JurisdictionofLokpal. MatterspendingbeforeanycourtorcommitteeorauthoritybeforeinquirybeforeLokpalnottobe affected. ConstitutionofbenchesofLokpal. DistributionofbusinessamongstBenches PowerofChairpersontotransfercases Decisiontobebymajority. CHAPTERVII PROCEDUREINRESPECTOFINQUIRYANDINVESTIGATION Provisionsrelatingtocomplaintsandinquiryandinvestigation. Personslikelytobeprejudiciallyaffectedtobeheard. Lokpalmayrequireanypublicservantoranyotherpersontofurnishinformation,etc. PrevioussanctionnotnecessaryforinvestigationandinitiatingprosecutionbyLokpalincertaincases. ActiononinquiryinrelationtopublicservantsnotbeingminstersorMembersofParliament. ActiononinquiryagainstpublicservantbeingministersorMembersofParliament. CHAPTERVIII POWERSOFLOKPAL Searchandseizure. Lokpaltohavepowersofcivilcourtincertaincases. Powertopunishforcontempt. PowerofLokpaltoutiliseservicesofofficersofCentralorStateGovernment. Provisionalattachmentofassets.
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Confirmationofattachmentofassets. PowerofLokpaltorecommenddiscontinuanceofactivityconnectedwithallegationofcorruption. PowerofLokpaltogivedirectionstopreventdestructionofrecordsduringinquiry. Powertodelegate. CHAPTERIX SPECIALCOURTS SpecialCourtstobenotifiedbyCentralGovernment. LetterofrequesttoacontractingStateincertaincases. CHAPTERX COMPLAINTSAGAINSTCHAIRPERSON,MEMBERSANDOFFICIALSOFLOKPAL ComplaintsagainstChairpersonandMembersnottobeinquiredbyLokpal. ComplaintsagainstofficialsofLokpal. CHAPTERXI ASSESSMENTOFLOSSANDRECOVERYTHEREOFBYSPECIALCOURT AssessmentoflossandrecoverythereofbySpecialCourt. CHAPTERXII FINANCE,ACCOUNTSANDAUDIT Budget. GrantsbyCentralGovernment. Annualstatementofaccounts. Furnishingofreturns,etc.,toCentralGovernment. CHAPTERXIII DECLARATIONOFASSETS Declarationofassets. Presumptionastoacquisitionofassetsbycorruptmeansincertaincases. CHAPTERXIV CITIZENSCHARTER Citizenscharter. CHAPTERXV OFFENCESANDPENALTIES Prosecutionforfalsecomplaintandpaymentofcompensation,etc.,topublicservant. Falsecomplaintmadebysocietyorassociationofpersonsortrust. CHAPTERXVI MISCELLANEOUS Protectionofactiontakeningoodfaithbyanypublicservant. Protectionofactiontakeningoodfaithbyothers. Members,officersandemployeesofLokpaltobepublicservants. BarofJurisdiction. Acttohaveoverridingeffect. ProvisionofthisActtobeinadditionofotherlaws. Amendmentofcertainenactments. Powertomakerules. PowerofLokpaltomakeregulations. Layingofrulesandregulations. Powertoremovedifficulties.
THEFIRSTSCHEDULE THESECONDSCHEDULE
THELOKPALBILL,2011 A BILL toprovidefortheestablishmentoftheinstitutionofLokpaltoinquireinto allegations of corruption against certain public functionaries and for mattersconnectedtherewith. WHEREAStheConstitutionofIndiaestablishedademocraticRepublicto ensurejusticeforall; AND WHEREAS good governance is the bedrock of democracy and the guaranteeofdevelopmentasarightofthecitizen; AND WHEREAS Parliament has progressively and incrementally contributed to the body of law to fulfil the aspirations of the citizens of India; AND WHEREAS various institutions of governance as well as democratic institutionshaveworkedtostrengthenparticipatorydemocracy; ANDWHEREAStherapidgrowthofdemocraticandeconomicinstitutions havebroughtnewchallengesofaccountabilityandintegrityinthecourse ofgovernance; AND WHEREAS graft and corruption have become a serious menace to societyandgovernance; AND WHEREAS serious concerns have been expressed about the grave consequencesofcorruptioninhighplaces; AND WHEREAS India is a signatory to the United Nations Convention AgainstCorruption; AND WHEREAS the countrys commitment to clean and responsive governance has to be reflected in an effective institution to contain and punishactsofcorruption; NOW, THEREFORE, it is expedient to provide for prompt and fair investigationandprosecutionofcasesofcorruption.
BEitenactedbyParliamentintheSixtysecondYearoftheRepublicof Indiaasfollows: CHAPTERI PRELIMINARY 1.(1)ThisActmaybecalledtheLokpalAct,2011.
Shorttitleand commencement.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates maybeappointedfordifferentprovisionsofthisActandanyreferencein any provision to the commencement of this Act shall be construed as referencetothecomingintoforceofthatprovision.

2.(1)InthisAct,unlessthecontextotherwiserequires, (a)"Bench"meansaBenchoftheLokpal; (b)ChairpersonmeanstheChairpersonoftheLokpal; (c)competentauthority,inrelationto (i) a member of the Council of Ministers, means the Prime Minister; (ii) a member of Parliament other than a Minister means the Council of States in the case of a member of that Council and the HouseofthePeopleinthecaseofamemberofthatHouse; (iii) an officer in the Ministry or Department of the Central Government means the Minister in charge of the Ministry or Departmentunderwhichsuchofficerisserving; (iv) a chairperson or members of any body, or Board or corporation or authority or company or society or autonomous body(bywhatevernamecalled)establishedorconstitutedunderan Act of Parliament or wholly or partly financed by the Central GovernmentorcontrolledbyitmeanstheMinisterinchargeofthe administrative Ministry of such body, or Board or corporation or authorityorcompanyorsocietyorautonomousbody; (v)anofficerofanybodyorBoardorcorporationorauthorityor companyorsocietyorautonomousbody(bywhatevernamecalled) establishedorconstitutedunderan ActofParliamentorwholly or partlyfinancedbytheCentralGovernmentorcontrolledbyitmeans the head of such body or Board or corporation or authority or companyorsocietyorautonomousbody; (d)complaintmeansacomplaintallegingthatapublicservanthas committed an offence punishable under the Prevention of Corruption Act,1988; (e) inquiry means every inquiry conducted under this Act by the Lokpal; (f) Judicial Member means a Judicial Member of the Lokpal appointedassuch;
Definitions. 49of1988.
(g)Lokpalmeanstheinstitutionestablishedundersection3; (h)MembermeansaMemberoftheLokpal; (i) Minister means an Union Minister but does not include the PrimeMinister; (j)notification meansnotificationpublishedintheOfficialGazetteand theexpressionnotifyshallbeconstruedaccordingly; (k)prescribedmeansprescribedbyrulesmadeunderthisAct; (l)publicservantmeansapersonreferredtoinclauses(a)to(e) ofsubsection(1)ofsection17; (m)regulationsmeansregulationsmadeunderthisAct; (n)SchedulemeansaScheduletothisAct; (o) Special Court means a Special Court appointed under sub section(1)ofsection3ofthePreventionofCorruptionAct,1988.
49of1988.
(2) Words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988, shall have the meaningsrespectivelyassignedtotheminthatAct. CHAPTERII ESTABLISHMENTOFLOKPAL 3. (1) As from the commencement of this Act, there shall be established, for the purpose of making inquiries in respect of complaints madeunderthisAct,aninstitutiontobecalledtheLokpal. (2)TheLokpalshallconsistof (a)aChairperson;and (b) ten Members, out of whom at least four shall be Judicial Members.
Establishmentof Lokpal.
(3)Apersonshallbeeligibletobeappointed, (a)astheChairpersonoraMemberifheisapersonofimpeccable integrity,outstandingabilityandstandinghavingspecialknowledgeof, andprofessionalexperienceofnotlessthantwentyfiveyearsin,public affairs, administrative law and policy, academics, commerce and industry,law,financeormanagement; (b)asaJudicialMemberifheisorhasbeenaChiefJusticeofaHigh CourtoraJudgeoftheSupremeCourt. (4)TheChairpersonoraMembershallnotbeamemberofParliament oramemberoftheLegislatureofanyStateorUnionterritoryandshallnot holdanyofficeoftrustorprofit(otherthanhisofficeastheChairpersonor a Member) or be connected with any political party or carry on any businessorpractiseanyprofessionandaccordingly,beforeheentersupon hisoffice,apersonappointedastheChairpersonoraMember,asthecase maybe,shall,if (a)heisamemberofParliamentoroftheLegislatureofanyState
orUnionterritory,resignfromsuchmembership;or (b)heholdsanyofficeoftrustorprofit,resignfromsuchoffice;or (c) he is connected with any political party, sever his connection withit;or (d) he is carrying on any business, sever his connection with the conductandmanagementofsuchbusiness;or (e) he is practicing any profession, cease to practise such profession.
(5)TheChairpersonandeveryMembershall,beforeenteringuponhis office,makeandsubscribebeforethePresidentanoathoraffirmationin theformsetoutintheFirstSchedule. 4. (1) The Chairperson and Members shall be appointed by the PresidentafterobtainingtherecommendationsofaSelectionCommittee consistingof (a)thePrimeMinisterchairperson; (b)theSpeakeroftheHouseofthePeoplemember; (c) the Leader of the House other than the House in which the PrimeMinisterisaMemberofParliamentmember; (d) the Minister incharge of the Ministry of Home Affairs in the GovernmentofIndiamember; (e) the Leader of the Opposition in the House of the People member; (f)theLeaderoftheOppositionintheCouncilofStatesmember: Providedthatincase,thereisnoLeaderofOppositionintheHouse ofthePeopleortheCouncilofStates,theleaderofthesinglelargest grouporpartyinoppositiontotheGovernment,asthecasemaybe,in such House or Council shall be deemed to be a member of the Committeespecifiedinclause(e)orclause(f),asthecasemaybe: (g)onesittingJudgeoftheSupremeCourttobenominatedbythe ChiefJusticeofIndiamember; (h)onesittingChiefJusticeofaHighCourttobenominatedbythe ChiefJusticeofIndiamember; (i)thePresidentoftheNationalAcademyofSciences,India,beinga society registered under the Societies Registration Act, 1860 or the seniormostNationalProfessormember; (j)CabinetSecretarysecretary. (2) No appointment of a Chairperson or a Member shall be invalid merelybyreasonofanyvacancyintheCommittee.
Appointmentof Chairperson andother Membersand Selection Committee.
21of1860.
(3) The Selection Committee may, if it considers necessary for the purposes of selecting the Chairperson and other members of the Lokpal andforpreparingapanelofpersonstobeconsideredforappointmentas
such, constitute a Search Committee consisting of such persons of impeccable integrity and outstanding ability and standing having special knowledge of, and professional experience of not less than twentyfive years in, public affairs, administrative law and policy, academics, commerceandindustry,law,finance,management,orinanyothermatter whichintheopinionoftheSelectionCommittee,maybeusefulinmaking selectionofChairpersonandotherMembersoftheLokpal.
(4) The Selection Committee shall regulate its own procedure for selecting the Chairperson and Members of the Lokpal which shall be transparent. (5)Thetermofthesearchcommitteereferredtoinsubsection(3)and feeandallowancespayabletothemembersofthesearchcommitteeand the manner of selection of panel of names shall be such as may be prescribed. 5.ThePresidentshalltakeorcausetobetakenallnecessarystepsfor theappointmentofanewChairpersonandotherMembersatleastthree monthsbeforetheexpiryofthetermofsuchChairpersonorMember,as thecasemaybe,inaccordancewiththeprocedurelaiddowninthisAct. 6. The Chairperson and every other Member shall, on the recommendations of the Selection Committee, be appointed by the Presidentbywarrantunderhishandandsealandholdofficeassuchfora termnotexceedingfiveyearsfromthedateonwhichheentersuponhis officeoruntilheattainstheageofseventyyears,whicheverisearlier: Providedthathemay (a) by writing under his hand addressed to the President, resign his office;or (b) beremovedfromhisofficeinthemannerprovidedinsection8.
Fillingof vacanciesof Chairpersonor other Members. Termofoffice ofChairperson andMembers.
Salary, allowancesand other conditionsof serviceof Chairperson andMembers.
7.Thesalary,allowancesandotherconditionsofserviceof (i)theChairpersonshallbethesameasthoseoftheChiefJusticeof India; (ii) other Members shall be the same as those of a Judge of the SupremeCourt: Provided that if the Chairperson or a Member is, at the time of his appointment, in receipt of pension (other than disability pension) in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of service as the Chairpersonor,asthecasemaybe,asaMember,bereduced (a) bytheamountofthatpension;and (b) ifhehas,beforesuchappointment,received,inlieuofaportion of the pension due to him in respect of such previous service, the commutedvaluethereof,bytheamountofthatportionofthepension: Providedfurtherthatthesalary,allowancesandpensionpayable to,andotherconditionsofserviceof,theChairpersonoraMembershall
notbevariedtohisdisadvantageafterhisappointment.
Removaland suspensionof Chairperson andother Memberof Lokpal.
8.(1)Subjecttotheprovisionsofsubsection(3),theChairpersonor any other Member shall be removed from his office by order of the President on grounds of misbehaviour after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordancewiththeprocedureprescribedinthatbehalf,reportedthatthe ChairpersonorsuchotherMember,asthecasemaybe,oughtonanysuch groundtoberemoved. (2) The President may suspend from office the Chairperson or any other Member in respect of whom a reference has been made to the SupremeCourtundersubsection(1)untilthePresidenthaspassedorders onreceiptofthereportoftheSupremeCourtonsuchreference. (3) Notwithstanding anything contained in subsection (1), the President may by order remove from the office the Chairperson or any otherMemberiftheChairpersonorsuchotherMember,asthecasemay be, (a)isadjudgedaninsolvent;or (b) engages during his term of office in any paid employment outsidethedutiesofhisoffice;or (c)is,intheopinionofthePresident,unfittocontinueinofficeby reasonofinfirmityofmindorbody. (4)IftheChairpersonoranyotherMemberisorbecomesinanyway concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolumentarisingtherefromotherwisethanasamemberandincommon with the other members of an incorporated company, he shall, for the purposesofsubsection(1),bedeemedtobeguiltyofmisbehaviour.
Restrictionon employmentby Chairperson andMembers afterceasingto holdoffice.
9. (1) On ceasing to hold office, the Chairperson and every other Membershallbeineligiblefor (i)reappointmentastheChairpersonoraMemberoftheLokpal; (ii) any diplomatic assignment, appointment as administrator of a Union territory and such other assignment or appointment which is requiredbylawtobemadebythePresidentbywarrantunderhishand andseal; (iii) further employment to any other office of profit under the GovernmentofIndiaortheGovernmentofaState; (iv)contestinganyelectionofPresidentorVicePresidentorMemberof eitherHouseofParliamentorMemberofeitherHouseofStateLegislature orMunicipalityorPanchayat.
(2) Notwithstanding anything contained in subsection (1), a Member shall be eligible to be appointed as a Chairperson, if his total tenure as MemberandChairpersondoesnotexceedfiveyears.
Membertoact asChairperson ortodischarge hisfunctionsin certain circumstances.
10. (1) In the event of the occurrence of any vacancy in the office of Chairpersonbyreasonofhisdeath,resignationorotherwise,thePresident may, by notification, authorise the seniormost Member to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy. (2)WhentheChairpersonisunabletodischargehisfunctionsowingto absenceonleaveorotherwise,theseniormostMemberavailable,asthe Presidentmay,bynotification,authoriseinthisbehalf,shalldischargethe functions of the Chairperson until the date on which the Chairperson resumeshisduties.
Secretary,other Officersand staffofLokpal.
11.(1)Theappointmentofsecretaryandotherofficersandstaffofthe LokpalshallbemadebytheChairpersonorsuchotherMemberorofficer ofLokpalastheChairpersonmaydirect: ProvidedthatthePresidentmaybyrulerequirethattheappointment in respect of any post or posts as may be specified in the rule, shall be madeafterconsultationwiththeUnionPublicServiceCommission. (2) Subject to the provisions of any law made by Parliament, the conditionsofserviceofsecretaryandotherofficersandstaffoftheLokpal shallbesuchasmaybespecifiedbyregulationsmadebytheLokpalforthe purpose: Providedthattheregulationsmadeunderthissubsectionshall,sofar as they relate to salaries, allowances, leave or pensions, require the approvalofthePresident.
CHAPTERIII INVESTIGATIONWING 12.Notwithstandinganythingcontainedinanylawforthetimebeing inforce,theLokpalshallconstituteanInvestigationWingforthepurpose ofconductinginvestigationofanyoffenceallegedtohavebeencommitted by a public servant punishable under the Prevention of Corruption Act, 1988: Provided that till such time the Investigation Wing is constituted by the Lokpal, the Central Government shall make available such number of investigation officers and other staff from such of its Ministries or Departments, as may be required by the Lokpal, for carrying out investigationunderthisAct. 13. (1) No investigation shall be made by an investigation officer of the Investigation Wing below the rank of a Deputy Superintendent of Policeorbyanyotherofficerofequivalentrank. (2) The investigation officers of the Investigation Wing shall have in relation to the investigation of such offences, all the powers,duties, privileges and liabilities which police officers have in connection with the investigationofsuchoffences. 14.(1)TheLokpalmay,beforeholdinganyinquiryunderthisAct,byan order,requiretheinvestigationofficerofitsInvestigationWingtomake,or cause to be made, a preliminary investigation in such manner as it may
Investigation Wing.
49of1988.
Investigation officertohave powersof police.
Investigation officerto inquireon directionof
Lokpal.
direct and submit a report to the Lokpal, within such time as may be specified by the Lokpal, to enable it to satisfy itself as to whether or not thematterrequirestobeinquiredintobytheLokpal. (2)Theinvestigationofficeronreceiptofanorderundersubsection(1) shall complete the investigation and submit his report within the time specifiedunderthatsubsection.
CHAPTERIV PROSECUTIONWING 15. (1) The Lokpal may, by notification, constitute a prosecution wing andappointaprosecutionDirectorandsuchotherofficersandemployees toassisttheprosecutionDirectorforthepurposeofprosecutionofpublic servantsinrelationtoanycomplaintbytheLokpalunderthisAct. (2)TheprosecutionDirectorshall,afterhavingbeensodirectedbythe Lokpal, file a complaint before the Special Court, and take all necessary steps in respect of the prosecution of public servants in relation to any offencepunishableunderthePreventionofCorruptionAct,1988.
Appointment of Prosecution Director.
49of1988.
CHAPTERV EXPENSESOFINSTITUTIONOFLOKPALTOBECHARGEDON CONSOLIDATEDFUNDOFINDIA 16. The expenses of the Lokpal, including all salaries, allowances and pensions payable to or in respect of the Chairperson, members or secretary or other officers or staff of the Lokpal, shall be charged on the Consolidated Fund of India and any fees or other moneys taken by the LokpalshallformpartofthatFund. CHAPTERVI JURISDICTIONINRESPECTOFINQUIRY 17. (1) Subject to the other provisions of this Act, the Lokpal shall inquireintoanymatterinvolvedin,orarisingfrom,orconnectedwith,any allegationofcorruptionbyapublicservantmadeinacomplaintinrespect ofthefollowing,namely: (a)anypersonwhoisorhasbeenaMinisteroftheUnionotherthan thePrimeMinister; (b) any person who is or has been a Member of either House of Parliament; (c) any Group A officer or equivalent or above, when serving or whohasserved,inconnectionwiththeaffairsoftheUnion; (d) any chairperson or member or officer equivalent to Group A officer referred to in clause (c) or equivalent or above in any body or Board or corporation or authority or company or society or autonomousbody(bywhatevernamecalled)establishedorconstituted underanActofParliamentorwhollyorpartlyfinancedbytheCentral Governmentorcontrolledbyit; (e)anydirector,manager,secretaryorotherofficerofeveryother
Expensesof Lokpaltobe chargedon Consolidated FundofIndia.
Jurisdictionof Lokpal.
society or association of persons or trust (whether registered under anylawforthetimebeinginforceornot)whollyorpartlyfinancedby the Government or in receipt of any sums under the Foreign 49of1976. Contribution(Regulation)Act,1976oranydonationfromthepublic: ProvidedthattheLokpalshallnotinquireintoanymatterinvolvedin, or arising from, or connected with, any such allegation of corruption againstanyMemberofeitherHouseofParliamentinrespectofanything said or a vote given by him in Parliament or any committee thereof coveredundertheprovisionscontainedinclause(2)ofarticle105ofthe Constitution. (2)TheLokpalmayinquireintoanyactorconductofanypersonother thanthosereferredtoinsubsection(1),ifsuchpersonisassociatedwith theallegationofcorruptionunderthePreventionofCorruptionAct,1988. (3) No matter in respect of which a complaint has been made to the LokpalunderthisAct,shallbereferredforinquiryundertheCommissions ofInquiryAct,1952.
Matters pendingbefore anycourtor committeeor authority beforeinquiry beforeLokpal nottobe affected. 45of1988. 60of1952. 49of1988.
18.Incaseanymatterorproceedingrelatedtoallegationofcorruption underthePreventionofCorruptionAct,1988hasbeenpendingbeforeany court or committee of either House of Parliament or before any other authoritypriortocommencementofthisActorpriortocommencementof any inquiry after the commencement of this Act, such matter or proceedingshallbecontinuedbeforesuchcourt,committeeorauthority. Explanation. For the removal of doubts, it is herby declared that continuanceofsuchmatterorproceedingbeforeanycourtorcommittee of either House of Parliament or before any other authority, except for such matters as are protected under clause (2) of article 105 of the Constitution or are pending before a court, shall not affect the power of theLokpaltoinquireintosuchmatterunderthisAct. 19.(1)SubjecttotheprovisionsofthisAct, (a) the jurisdiction of the Lokpal may be exercised by benches thereof; (b) a bench may be constituted by the Chairperson with two or moreMembersastheChairpersonmaydeemfit; (c) every bench shall ordinarily consist of at least one Judicial Member; (d)whereabenchconsistsoftheChairperson,suchbenchshallbe presidedoverbytheChairperson; (e)whereabenchconsistsofaJudicialMember,andanonJudicial Member,notbeingtheChairperson,suchbenchshallbepresidedover bytheJudicialMember; (f)thebenchesoftheLokpalshallordinarilysitatNewDelhiandat suchotherplacesastheLokpalmay,byregulations,specify.
Constitutionof benchesof Lokpal.
(2)TheLokpalshallnotifytheareasinrelationtowhicheachbenchof theLokpalmayexercisejurisdiction. (3) Notwithstanding anything contained in subsection (2), the Chairperson shall have the power to constitute or reconstitute benches fromtimetotime. (4)Ifatanystageofthehearingofanycaseormatteritappearstothe ChairpersonoraMemberthatthecaseormatterisofsuchanaturethatit ought to be heard by a bench consisting of three or more Members, the caseormattermaybetransferredbytheChairpersonor,asthecasemay be, referred to him for transfer, to such bench as the Chairperson may deemfit. 20.Wherebenchesareconstituted,theChairpersonmay,fromtimeto time,bynotification,makeprovisionsastothedistributionofthebusiness oftheLokpalamongstthebenchesandalsoprovideforthematterswhich maybedealtwithbyeachbench. 21. On an application for transfer made by the complainant or the publicservant,theChairperson,aftergivinganopportunityofbeingheard tothecomplainantorthepublicservant,asthecasemaybe,maytransfer anycasependingbeforeonebenchfordisposaltoanyotherbench. 22. If the Members of a bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ,andmakeareferencetotheChairpersonwhoshalleitherhearthe pointorpointshimselforreferthecaseforhearingonsuchpointorpoints by one or more of the other Members of the Lokpal and such point or points shall be decided according to the opinion of the majority of the MembersoftheLokpalwhohaveheardthecase,includingthosewhofirst heardit. CHAPTERVII PROCEDUREINRESPECTOFINQUIRYANDINVESTIGATION 23. (1) The Lokpal, on receipt of a complaint, may either make preliminaryinquiryordirectitsInvestigationWing,tomakeapreliminary investigation to ascertain whether there exists a prima facie case for proceedinginthematter. (2)Everypreliminaryinquiryorpreliminaryinvestigationreferredtoin subsection(1)shallordinarilybecompletedwithinaperiodofthirtydays andforreasonstoberecordedinwriting,withinafurtherperiodofthree monthsfromthedateofreceiptofthecomplaint. (3)Uponcompletionofthepreliminaryinvestigation,theinvestigating authorityshallsubmititsreporttotheLokpal. (4) Before the Lokpal comes to the conclusion in the course of a preliminary inquiry and after submission of a report referred to in sub section (3) that a prima facie is made out against the public servant pursuant to such a preliminary inquiry, the Lokpal shall afford the public
Distribution of business amongst Benches
Power of Chairperson to transfer cases
Decisiontobe bymajority.
Provisions relatingto complaintsand inquiryand investigation.
servant an opportunity to be heard consistent with principles of natural justice.
(5) Where the Lokpal, after receiving the report of the investigating authority pursuant to a preliminary investigation or conclusion of the preliminary inquiries as referred to in subsection (1) is satisfied that no prima facie case is made out for proceeding further in the matter, the complaint shall be closed and the decision thereon be communicated to thecomplainantandthepublicservant. (6)WheretheLokpalisoftheopinionthatprimafaciecaseismadeout and refers the matter for investigation, upon completion of such investigationandbeforefilingthechargesheet,thepublicservantagainst whomsuchinvestigationisbeingconductedshallbegivenanopportunity tobeheardconsistentwiththeprinciplesofnaturaljustice. (7) EveryinquiryconductedbytheLokpal,uponbeingsatisfiedthat a primafaciecaseismadeout,shallbeopentothepublicprovidedthatin exceptionalcircumstancesandforreasonstoberecordedinwritingbythe Lokpal,suchinquirymaybeconductedincamera. (8) In case the Lokpal proceeds to inquire into the complaint, it shall hold such inquiry as expeditiously as possible and complete the inquiry within a period of six months from the date of receipt of the complaint which,forreasonstoberecordedinwriting,maybeextendedbyafurther periodofsixmonths. (9) The public servant against whom an inquiry is being conducted undersubsection(8)shallbegivenanopportunitytobeheardconsistent withtheprinciplesofnaturaljustice. (10) Where in a case the Lokpal is of the opinion and reason to be recordedinwritingthatitisnotintheinterestofjusticetoeitherholda preliminaryinquiryorpreliminaryinvestigation,itmayreferthematterfor investigation. (11) Upon completion of such investigation but before filing a charge sheet, the investigating authority shall place the records in its possession along with it prima facie conclusion before the Lokpal who shall before directingthatachargesheetbefiledaffordthepublicservantconcerned anopportunitytobeheardconsistentwiththeprinciplesofnaturaljustice. (12) If the Lokpal proposes to inquire into a complaint, it may, at any stage, (a) pass appropriate orders for safe custody of the documents relevanttotheinquiryasitdeemsfit;and (b)forwardacopyofthecomplainttothepublicservantconcerned
along with all relevant material relied upon and afford him an opportunitytorepresenthiscase. (13) The website of the Lokpal shall, from time to time and in such mannerasmaybespecifiedbyregulations,displaytothepublic,thestatus ofnumberofcomplaintspendingbeforeitordisposedofbyit. (14)TheLokpalmaywithholdtherecordsandevidencewhicharelikely toimpedetheprocessofinquiryorconductofacasebyitortheSpecial Court. (15) Save as otherwise provided, the manner and procedure of conductinganinquiryorinvestigationunderthisAct,shallbesuchasmay bespecifiedbyregulations.
Personslikelyto beprejudicially affectedtobe heard.
24.If,atanystageoftheproceeding,theLokpal (a)considersitnecessarytoinquireintotheconductofanyperson otherthantheprospectiveaccused;or (b) is of opinion that the reputation of any person other than a accusedislikelytobeprejudiciallyaffectedbytheinquiry, the Lokpal shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence, consistent withtheprinciplesofnaturaljustice: Provided that nothing in this section shall apply where the credibility ofawitnessisbeingimpeached.
Lokpalmay requireany publicservant oranyother personto furnish information, etc. Previous sanctionnot necessaryfor investigation andinitiating prosecutionby Lokpalin certaincases.
25. (1) Subject to the provisions of this Act, for the purpose of any inquiry or investigation, the Lokpal or the investigating authority, as the casemaybe,mayrequireanypublicservantoranyotherpersonwho,in itsopinion,isable tofurnishinformationorproducedocumentsrelevant tosuchinquiryorinvestigation,tofurnishanysuchinformationorproduce anysuchdocument. 26.(1)Nosanctionorpermissionorauthorisationshallberequiredby theLokpaloritsInvestigationWingundersection6AoftheDelhiSpecial Police Establishment Act, 1946, or section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988 for the purpose of making inquiry by the Lokpal or investigation by its Investigation Wing into any complaint against any public servant or for filing of any complaint in respect thereof before the Special Court under thisAct. (2)ASpecialCourtmay,notwithstandinganythingcontainedinsection 6A of the Delhi Special Police Establishment Act, 1946, or section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, on a complaint filed by the Lokpal or any officer authorised by it in this behalf, take cognizance of offence committed by anypublicservant. (3)Nothingcontainedinsubsections(1)and(2)shallapplyinrespectof
25of1946. 2of1974. 49of1988. 25of1946. 2of1974. 49of1988.
the persons holding the office in pursuance of the provisions of the Constitution and in respect of which a procedure for removal of such personhasbeenspecifiedtherein. (4) The provisions contained in subsections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311andsubclause(c)ofclause(3)ofarticle320oftheConstitution.
Actionon inquiryin relationto publicservants notbeing minstersor Membersof Parliament.
27.(1)Whereaftertheconclusionoftheinquiryorinvestigation,the findings of the Lokpal disclose the commission of an offence under the PreventionofCorruptionAct,1988byapublicservantreferredtoinclause (c)orclause(d)ofsubsection(1)ofsection17,theLokpalmay (a))fileacaseintheSpecialCourtandsendacopyofthereport togetherwithitsfindingstothecompetentauthority; (b) recommend to the competent authority the initiation of discliplinary proceedings under the rules of disciplinary proceedings applicabletosuchpublicservant; (c) provide a copy of the report to the public servant or his representative; (2)Thecompetentauthorityshall,withinaperiodofthirtydaysofthe receipt of recommendation under clause (b) of subsection (1), initiate disciplinary proceedings against the delinquent public servant accused of committing offence under the Prevention of Corruption Act, 1988 and forward its comments on the report, including the action taken or proposedtobetakenthereon,totheLokpalordinarilywithinsixmonthsof initationofsuchdisciplinaryproceedings.
49of1988. 49of1988.
Actionon inquiryagainst publicservant beingministers orMembersof Parliament.
28. (1) (1) Where after the conclusion of the inquiry or investigation, thefindingsoftheLokpaldisclosethecommissionofanoffenceunderthe PreventionofCorruptionAct,1988byapublicservantreferredtoinclause (a)orclause(b)ofsubsection(1)ofsection17,theLokpalmayfileacase in the Special Court and shall send a copy of the report together with its findingstothecompetentauthority; (2)TheSpeaker,inthecaseoftheMinisteroraMemberoftheHouse ofthePeople,andtheChairmanoftheCouncilofStates,inthecaseofa Member of that Council shall, as soon as may be, after the receipt of reportundersubsection(1),causethesametobelaidbeforetheHouse of the People or the Council of States, as the case may be, while it is in session,andiftheHouseofthePeopleortheCouncilofStates,asthecase maybe,isnotinsession,withinaperiodofoneweekfromthereassembly ofthesaidHouseortheCouncil,asthecasemaybe. (3)Thecompetentauthorityshall examinethereportforwarded toit under subsection (1) and communicate to the Lokpal, within a period of ninety days from the date of receipt of the report, the action taken or proposedtobetakenonthebasisofthereport. Explanation. In computing the period of ninety days referred to in this subsection, any period during which Parliament or, as the case may
49of1988.
be,eitherHouseofParliament,isnotinsession,shallbeexcluded.
CHAPTERVIII POWERSOFLOKPAL 29.(1)IftheLokpalhasreasontobelievethatanydocumentwhich,in itsopinion,shallbeusefulfor,orrelevantto,anyinvestigationorinquiry under this Act, are secreted in any place, it may authorise any officer of InvestigationWing,tosearchforandtoseizesuchdocuments. (2) If the Lokpal is satisfied that any document seized under sub section (1) would be evidence for the purpose of any investigation or inquiry under this Act and that it would be necessary to retain the document in its custody or in the custody of such officer as may be authorised,itmaysoretainordirectsuchofficerauthorisedtoretainsuch documenttillthecompletionofsuchinvestigationorinquiry: Provided that where any document is required to be returned, the Lokpalortheauthorisedofficermayreturnthesameafterretainingcopies ofsuchdocumentdulyauthenticated. (3)TheprovisionsoftheCodeofCriminalProcedure,1973relatingto searches shall, so far as may be, apply to searches under this section subjecttothemodificationthatsubsection(5)ofsection165ofthesaid CodeshallhaveeffectasifforthewordMagistrate,whereveritoccurs therein, the words Lokpal or any officer authorised by it were substituted.
Searchand seizure.
2of1974.
Lokpaltohave powersofcivil courtincertain cases.
30.(1)Subjecttotheprovisionsofthissection,forthepurposeofany inquiry,theLokpalshallhaveallthepowersofacivilcourt,undertheCode of Civil Procedure, 1908, while trying a suit in respect of the following matters,namely: (i) summoning and enforcing the attendance of any person and examininghimonoath; (ii)requiringthediscoveryandproductionofanydocument; (iii)receivingevidenceonaffidavits; (iv)requisitioninganypublicrecordorcopythereoffromanycourt oroffice; (v) issuing commissions for the examination of witnesses or documents: Providedthatsuchcommission,incaseofawitness,shallbeissued onlywherethewitness,intheopinionoftheLokpal,isnotinaposition toattendtheproceedingbeforetheLokpal;and (vi)suchothermattersasmaybeprescribed. (2)AnyproceedingbeforetheLokpalshallbedeemedtobeajudicial proceedingwithinthemeaningofsection193oftheIndianPenalCode. Explanation. For the purposes of this section, public servant shall
5of1908.

45of1960.
havethesamemeaningasisinsection21oftheIndianPenalCode.
Powerto punishfor contempt.
31. The Lokpal shall have, and exercise, jurisdiction, powers and authority in respect of contempt of itself as the High Court has and may exercisesuchpowerorauthority,forthispurposeundertheprovisionsof the Contempt of Courts Act, 1971, which shall have effect subject to the modificationthat (a) any reference therein to a High Court shall be construed as includingareferencetotheLokpal; (b)anyreferencetotheAdvocateGeneralinsection15ofthesaid ActshallbeconstruedasareferencetosuchlawofficerastheLokpal mayspecifyinthisbehalf: ProvidedthatsuchmattersshallbeheardbyaSpecialBenchconsisting offiveMembersconstitutedbytheChairperson.
70of1971.
PowerofLokpal toutilise servicesof officersof CentralorState Government.
32. (1) The Lokpal may, for the purpose of conducting any inquiry, utilise the services of any officer or investigation agency of the Central GovernmentoranyStateGovernment,asthecasemaybe. (2) For the purpose of investigating into any matter pertaining to the inquiry,anyofficeroragencywhoseservicesareutilisedundersubsection (2)may,subjecttothedirectionandcontroloftheLokpal, (a)summonandenforcetheattendanceofanypersonandexamine him; (b)requirethediscoveryandproductionofanydocument;and (c)requisitionanypublicrecordorcopythereoffromanyoffice. (3)Theofficeroragencywhoseservicesareutilisedundersubsection (2)shallinvestigateintoanymatterpertainingtotheinquiryandsubmita reportthereontotheLokpalwithinsuchperiodasmaybespecifiedbythe Lokpalinthisbehalf.
Provisional attachmentof assets.
33.(1)WheretheLokpaloranyinvestigationofficerauthorisedbyitin this behalf, has reason to believe, the reason for such belief to be be recordedinwriting,onthebasisofmaterialinhispossession,that (a)anypersonisinpossessionofanyproceedsofcorruption; (b)suchpersonisaccusedofhavingcommittedanoffencerelating tocorruption;and (c)suchproceedsofoffencearelikelytobeconcealed,transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence, he may,byorderinwriting,provisionallyattachsuchpropertyforaperiod not exceeding ninety days from the date of the order, in the manner providedintheSecondScheduletotheIncometaxAct,1961andthe Lokpalshallbedeemedtobeanofficerundersubrule(e)ofrule1of thatSchedule: (2) The Lokpal shall, immediately after attachment under subsection (1),forwardacopyoftheorder,alongwiththematerialinhispossession,
43of1961.
referredtointhatsubsection,totheSpecialCourt,inasealedenvelope, inthemannerasmaybeprescribedandsuchCourtmayextendtheorder of attachment and keep such material for such period as the Court may deemfit. (3) Everyorderofattachmentmade undersubsection (1)shallcease tohaveeffectaftertheexpiryoftheperiodspecifiedinthatsubsectionor aftertheexpiryoftheperiodasdirectedbytheSpecialCourtundersub section(2). (4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under subsection (1) or subsection(2),fromsuchenjoyment. Explanation. For the purposes of this subsection, person interested, in relation to any immovable property, includes all persons claimingorentitledtoclaimanyinterestintheproperty.
Confirmationof attachmentof assets.
34. (1) The Lokpal, when it provisionally attaches any property under subsection (1) of section 33 shall, within a period of thirty days of such attachment, direct its prosecution wing to file an application stating the facts of such attachment before the Special Court and make a prayer for confirmation of attachment of the property till completion of the proceedingsagainstthepublicservantintheSpecialCourt. (2) The Special Court may, if it is of the opinion that the property provisionallyattachedhadbeenacquiredthroughcorruptmeans,makean orderforconfirmationofattachmentofsuchpropertytillthecompletion oftheproceedingsagainstthepublicservantintheSpecialCourt. (3)Ifthepublicservantissubsequentlyacquittedofthechargesframed againsthim,theproperty,subjecttotheordersoftheSpecialCourt,shall berestoredtotheconcernedpublicservantalongwithbenefitsfromsuch propertyasmighthaveaccruedduringtheperiodofattachment. (4) If the public servant is subsequently convicted of the charges of corruption,theproceedsrelatabletotheoffenceunderthePreventionof Corruption Act, 1988 shall be confiscated and vest in the Central Government free from any encumbrance or leasehold interest excluding anydebtduetoanybankorfinancialinstitution. Explanation. For the purposes of this subsection, the expressions bank, debt and financial institution shall have the meanings respectivelyassignedtotheminclauses(d),(g)and(h)ofsection2ofthe RecoveryofDebtsDuetoBanksandFinancialInstitutionsAct,1993.
49of1988. 51of1993.
PowerofLokpal torecommend transferor suspensionof publicservant connectedwith allegationof corruption.
35. (1) Where the Lokpal, while making an inquiry into allegations of corruption,isprimafaciesatisfied,onthebasisofevidenceavailable,that (a) the continuance of the public servant referred to in clause (c) or clause (d) of subsection (1) of section 17 in his post while conducting theinquiryislikelytoaffectsuchinquiryadversely;or (b)thepublicservantreferredtoinclause(a)islikelytodestroyorin
anywaytamperwiththeevidenceorinfluencewitnesses, then,theLokpalmayrecommendtotheCentralGovernmentfortransfer or suspension of such public servant from the post held by him till such periodasmaybespecifiedintheorder. (2) The Central Government shall ordinarily accept the recommendationoftheLokpalmadeundersubsection(1),exceptforthe reasons to be recorded in writing in a case where it is not feasible for administrativereasons.
PowerofLokpal togive directionsto prevent destructionof recordsduring inquiry.
36.TheLokpalmay,indischargeofitsfunctionsunderthisAct,issue appropriate directions to a public servant entrusted with the preparation orcustodyofanydocumentorrecord (a)toprotectsuchdocumentorrecordfromdestructionordamage; or (b) to prevent the public servant from altering or secreting such documentorrecord;or (c)topreventthepublicservantfromtransferringoralienatingany assetsallegedlyacquiredbyhimthroughcorruptmeans.
Powerto delegate.
37.TheLokpalmay,bygeneralorspecialorderinwriting,andsubject tosuchconditionsandlimitationsasmaybespecifiedtherein,directthat anyadministrativeorfinancialpowerconferredonitmayalsobeexercised ordischargedbysuchofitsMembersorofficersoremployeesasmaybe specifiedintheorder. CHAPTERIX SPECIALCOURTS 38.(1)TheCentralGovernmentshallconstitutesuchnumberofSpecial Courts, as recommended by the Lokpal, to hear and decide the cases arisingoutofthePreventionofCorruptionAct,1988orunderthisAct. (2) The Special Courts constituted under subsection (1) shall ensure completionofeachtrialwithinaperiodofoneyearfromthedateoffiling ofthecaseintheCourt: Provided that in case the trial cannot be completed within a period of oneyear,theSpecialCourtshallrecordreasonsthereforandcompletethe trialwithinafurtherperiodofnotmorethanthreemonthsorsuchfurther periods not exceeding three months each, for reasons to be recorded in writing, before the end of each such three month period, but not exceedingatotalperiodoftwoyears.
SpecialCourts tobenotified byCentral Government.
49of1988.
Letterof requesttoa contracting Stateincertain cases.
39.(1)Notwithstandinganythingcontainedinthis ActortheCodeof CriminalProcedure,1973if,inthecourseofaninquiryorinvestigationinto anoffenceorotherproceedingunderthisAct,anapplicationismadetoa SpecialCourtbytheInvestigationOfficeroftheLokpalthatanyevidenceis requiredinconnectionwiththeinquiryorinvestigationintoanoffenceor proceedingunderthisActandheisoftheopinionthatsuchevidencemay beavailableinanyplaceinacontractingState,andtheSpecialCourt,on being satisfied that such evidence is required in connection with the
2of1974.
inquiryorinvestigationintoanoffenceorproceedingunderthisAct,may issuealetterofrequesttoacourtoranauthorityinthecontractingState competenttodealwithsuchrequestto (i)examinethefactsandcircumstancesofthecase; (ii)takesuchstepsastheSpecialCourtmayspecifyinsuchletterof request;and (iii) forward all the evidence so taken or collected to the Special Courtissuingsuchletterofrequest. (2) The letter of request shall be transmitted in such manner as the CentralGovernmentmayprescribeinthisbehalf. (3) Every statement recorded or document or thing received under subsection(1)shallbedeemedtobeevidencecollectedduringthecourse oftheinquiryorinvestigation.
CHAPTERX COMPLAINTSAGAINSTCHAIRPERSON,MEMBERSANDOFFICIALSOF LOKPAL 40.(1)TheLokpalshallnotinquireintoanycomplaintmadeagainstthe ChairpersonoranyMember.
Complaints against Chairperson andMembers nottobe inquiredby Lokpal.
(2)AnycomplaintagainsttheChairpersonorMembershallbemadeby anapplicationbythepartyaggrieved,tothePresident. (3)ThePresidentshall,incasethereexistsaprimafaciecaseforbiasor corruption,makeareferencetotheChiefJusticeofIndiainsuchmanner as may be prescribed for inquiring into the complaint against the ChairpersonorMember. (4) The President shall decide the action against the Chairperson or MemberonthebasisoftheopinionoftheChiefJusticeofIndiaandincase the President is satisfied on the basis of the said opinion that the Chairperson or the Member is biased or has indulged in corruption, the President shall, notwithstanding anything contained in subsection (1) of section 8, remove such Chairperson or Member and also order for initiationofprosecutionincaseofallegationofcorruption. 41. (1) Every complaint of allegation of wrongdoing made against any officer or employee or investigation agency under or associated with the Lokpal for offence punishable under the Prevention of Corruption Act, 1988shallbedealtwithinaccordancewiththeprovisionsofthissection. (2) The Lokpal shall complete the inquiry into the complaint or allegationmade,withinaperiodofthirtydaysfromthedateofitsreceipt. (3) While making an inquiry into the complaint against any officer or employeeoftheLokpaloragencyengagedorassociatedwiththeLokpal,if itisprimafaciesatisfiedonthebasisofevidenceavailable,that (a)continuanceofsuchofficeroremployeeoftheLokpaloragency
Complaints againstofficials ofLokpal.
49of1988.
engagedorassociatedinhispostwhileconductingtheinquiryislikelyto affectsuchinquiryadversely;or (b) an officer or employee of the Lokpal or agency engaged or associatedislikelytodestroyorinanywaytamperwiththeevidenceor influencewitnesses, then, the Lokpal may, by order, suspend such officer or employee of the LokpalordivestsuchagencyengagedorassociatedwiththeLokpalofall powersandresponsibilitiesheretobeforeexercisedbyit. (4)Onthecompletionoftheinquiry,iftheLokpalissatisfiedthatthere is prima facie evidence of the commission of an offence under the PreventionofCorruptionAct,1988orofanywrongdoing,itshall,withina period of fifteen days of the completion of such inquiry, order to prosecute such officer or employee of the Lokpal or such officer, employee, agency engaged or associated with the Lokpal and initiate disciplinaryproceedingsagainsttheofficialconcerned: Providedthatnosuchordershallbepassedwithoutgivingsuchofficer or employee of the Lokpal or person, agency engaged or associated, a reasonableopportunityofbeingheard.
49of1988.
CHAPTERXI ASSESSMENTOFLOSSANDRECOVERYTHEREOFBYSPECIALCOURT
Assessmentof lossand recovery thereofby SpecialCourt.
42.IfanypublicservantisconvictedofanoffenceunderthePrevention ofCorruptionAct,1988bytheSpecialCourt,notwithstandingandwithout 45of1988. prejudice to any law for the time being in force, it may make an assessment of loss, if any, caused to the public exchequer on account of theactionsordecisionsofsuchpublicservantnottakeningoodfaithand for which he stands convicted, and may order recovery of such loss, if possibleorquantifiable,fromsuchpublicservantsoconvicted: ProvidedthatiftheSpecialCourt,forreasonstoberecordedinwriting, comestotheconclusionthatthelosscausedwaspursuanttoaconspiracy with the beneficiary or beneficiaries of actions or decisions of the public servant so convicted, then such loss may, if assessed and quantifiable under this section, may also be recovered from such beneficiary or beneficiariesproportionately.
CHAPTERXII FINANCE,ACCOUNTSANDAUDIT 43. The Lokpal shall prepare, in such form and at such time in each financialyearasmaybeprescribed,itsbudgetforthenextfinancialyear, showingtheestimatedreceiptsandexpenditureoftheLokpalandforward thesametotheCentralGovernmentforinformation. 44. The Central Government may, after due appropriation made by Parliamentbylawinthisbehalf,maketotheLokpalgrantsofsuchsumsof moneyasarerequiredtobepaidforthesalariesandallowancespayable to the Chairperson and other Members and the administrative expenses, includingthesalariesandallowancesandpensionpayabletoorinrespect
Budget.
GrantsbyCentral Government.
ofofficersandotheremployeesoftheLokpal.
45. (1) The Lokpal shall maintain proper accounts and other relevant recordsandprepareanannualstatementofaccountsinsuchformasmay be prescribed by the Central Government in consultation with the ComptrollerandAuditorGeneralofIndia. (2)TheaccountsoftheLokpalshallbeauditedbytheComptrollerand AuditorGeneralofIndiaatsuchintervalsasmaybespecifiedbyhim. (3) The Comptroller and AuditorGeneral of India or any person appointed by him in connection with the audit of the accounts of the LokpalunderthisActshallhavethesamerights,privilegesandauthorityin connection with such audit, as the Comptroller and AuditorGeneral of India generally has, in connection with the audit of the Government accountsand,inparticular,shallhavetherighttodemandtheproduction ofbooks,accounts,connectedvouchersandotherdocumentsandpapers andtoinspectanyoftheofficesoftheLokpal. (4)TheaccountsoftheLokpal,ascertifiedbyComptrollerandAuditor General of India or any other person appointed by him in this behalf, togetherwiththeauditreportthereon,shallbeforwardedannuallytothe CentralGovernmentandtheCentralGovernmentshallcausethesameto belaidbeforeeachHouseofParliament.
Annualstatement ofaccounts.
46.(1)TheLokpalshallfurnishtotheCentralGovernment,atsuchtime and in such form and manner as may be prescribed or as the Central Government may request, such returns and statements and such particularsinregardtoanymatterunderthejurisdictionoftheLokpal,as theCentralGovernmentmay,fromtimetotime,require. (2)TheLokpalshallprepare,onceeveryyear,insuchformandatsuch time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwardedtotheCentralGovernment. (3)Acopyofthereportreceivedundersubsection(2)shallbelaidby the Central Government, as soon as may be after it is received, before eachHouseofParliament.
Furnishingof returns,etc.,to Central Government.
CHAPTERXIII DECLARATIONOFASSETS 47. (1) Every public servant shall make a declaration of his assets and liabilitiesinthemannerasprovidedbyorunderthisAct. (2)Apublicservantshall,withinaperiodofthirtydaysfromthedateon which he makes and subscribes an oath or affirmation to enter upon his office,furnishtothecompetentauthoritytheinformationrelatingto (a)theassetsofwhichhe,hisspouseandhisdependentchildrenare, jointlyorseverally,ownersorbeneficiaries; (b)hisliabilitiesandthatofhisspouseandhisdependentchildren. (3) A public servant holding his office as such, at the time of the commencement of this Act, shall furnish information relating to such
Declarationof assets.
assets and liabilities, as referred to in subsection (2) to the competent authoritywithinthirtydaysofthecomingintoforceofthisAct. (4) Every public servant shall file with the competent authority, on or before the 31st July of every year, an annual return of such assets and liabilities, as referred to in subsection (2), as on the 31st March of that year. (5)Theinformationundersubsection(2)orsubsection(3)andannual returnundersubsection(4)shallbefurnishedtothecompetentauthority insuchformandinsuchmannerasmaybeprescribed. (6) The competent authority in respect of each office or Department shallensurethatallsuchstatementsarepublishedonthewebsiteofsuch officerorDepartmentby31stAugustofthatyear. Explanation. For the purposes of this section, dependent children means sons and daughters who have no separate means of earning and arewhollydependentonthepublicservantfortheirlivelihood.
Presumptionas toacquisitionof assetsby corruptmeans incertaincases.
48.Ifanypublicservantwilfullyorforreasonswhicharenotjustifiable, failsto (a)todeclarehisassets;or (b)givesmisleadinginformationinrespectofsuchassetsandis foundtobeinpossessionofassetsnotdisclosedorinrespectofwhich misleadinginformationwasfurnished, thensuchassetsshall,unlessotherwiseproved,bepresumedtobelongto thepublicservantandshallbepresumedtobeassetsacquiredbycorrupt means: Provided that the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceedingsuchminimumvalueasmaybeprescribed.
CHAPTERXIV CITIZENSCHARTER 49.(1)Every, (a)MinistryorDepartmentorofficeoftheCentralGovernmentor anybodyorBoardorcorporationorauthorityorcompanyorsocietyor autonomous body (by whatever name called) established or constituted or incorporated under an Act of Parliament or wholly or partlyfinancedbytheCentralGovernmentorcontrolledbyit;and (b)everyothersocietyorassociationofpersonsortrust(whether registered or not) wholly or partly financed by the Government or in receiptofanysumsundertheForeignContribution(Regulation)Actor anydonationfrompublic, shallprepareandpublishachartertobeknownasCitizensCharterwithin aperiodofoneyearfromthecommencementofthisAct. (2) The Citizens Charter referred to in subsection (1) shall specify to
Citizens charter.
thecitizensthecommitmentsof, (a)theMinistryorDepartmentorofficeoftheCentralGovernment oranybodyorBoardorcorporationorauthorityorcompanyorsociety or autonomous body or other society or association of persons or trustreferredtointhatsubsection; (b)theofficerresponsibleformeetingsuchcommitment;and (c)thetimewithinwhichsuchcommitmentshallbecompliedwith alongwithotherrelevantdetailsrelatingtopublicdeliveryofservices orfulfilmentofitsobjectives. (3)EveryMinistryorDepartmentorofficeoftheCentralGovernment oranybodyorBoardorcorporationorauthorityorcompanyorsocietyor autonomous body or other society or association of persons or trust referred to in subsection (1) shall designate an officer to be called the PublicGrievanceRedressalOfficertowhomanyaggrievedpersonmayfile acomplaintfornoncomplianceoftheCitizensCharter: (4)EveryMinistryorDepartmentorofficeoftheCentralGovernment oranybodyorBoardorcorporationorauthorityorcompanyorsocietyor autonomousbodyorothersocietyorassociationofpersonsortrustshall appoint at least one Public Grievance Redressal Officer in each district whereithasanoffice. (5)EveryMinistryorDepartmentorofficeoftheCentralGovernment oranybodyorBoardorcorporationorauthorityorcompanyorsocietyor autonomous body or other society or association of persons or trust referredtoinsubsection(1)shallreviewandreviseitsCitizensCharterat leastonceinayear.
CHAPTERXV OFFENCESANDPENALTIES 50.(1)NotwithstandinganythingcontainedinthisAct,whoevermakes any false and frivolous or vexatious complaint under this Act shall, on conviction,bepunished withimprisonmentforatermwhichshallnotbe lessthantwoyearsbutwhichmayextendtofiveyearsandwithfinewhich shallnotbelessthantwentyfivethousandrupeesbutwhichmayextend totwolakhrupees. (2) No Court, except a Special Court, shall take cognizance of an offenceundersubsection(1). (3) No Special Court shall take cognizance of an offence under sub section (1) except on a complaint made by a person against whom the false,frivolousorvexatiouscomplaintwasmade. (4)Theprosecutioninrelationtoanoffenceundersubsection(1)shall be conducted by the public prosecutor and all expenses connected with suchprosecutionshallbebornebytheCentralGovernment.
Prosecutionfor falsecomplaint andpaymentof compensation, etc.,topublic servant.
(5)Incaseofconvictionofaperson[beinganindividualorsocietyor association of persons or trust (whether registered or not)], for having made a false complaint under this Act, such person shall be liable to pay
compensation to the public servant against whom he made the false complaintinadditiontothelegalexpensesforcontestingthecasebysuch publicservant,astheSpecialCourtmaydetermine.
Falsecomplaint madeby societyor associationof personsor trust.
51. (1) Where any offence under section 50 has been committed by anysocietyorassociationofpersonsortrust(whetherregisteredornot), everypersonwho,atthetimetheoffencewascommitted,wasdirectlyin chargeof,andwasresponsibleto,thesocietyorassociationofpersonsor trust,fortheconductofthebusinessoraffairsoractivitiesofthesociety orassociationofpersonsortrustaswellassuchsocietyorassociationof persons or trust shall be deemed to be guilty of the offence and shall be liabletobeproceededagainstandpunishedaccordingly: Provided that nothing contained in this subsection shall render any suchpersonliabletoanypunishmentprovidedinthisAct,ifheprovesthat the offence was committed without his knowledge or that he had exercisedallduediligencetopreventthecommissionofsuchoffence. (2) Notwithstanding anything contained in subsection (1), where an offenceunderthisActhasbeencommittedbyasocietyorassociationof persons or trust (whether registered or not) and it is proved that the offence has been committed with the consent or connivance of, or is attributabletoanyneglectonthepartof,anydirector,manager,secretary or other officer of such society or association of persons or trust, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punishedaccordingly.
CHAPTERXVI MISCELLANEOUS 52.Nosuit,prosecutionorotherlegalproceedingsunderthisActshalllie against any public servant, in respect of anything which is done in good faithorintendedtobedoneinthedischargeofhisofficialfunctionsorin exerciseofhispowers. 53.Nosuit,prosecutionorotherlegalproceedingsshalllieagainstthe Lokpaloragainstanyofficer,employee,agencyoranyperson,inrespect ofanythingwhichisdoneingoodfaithorintendedtobedoneunderthis Act. 54. The Chairperson, Members, officers and other employees of the Lokpalshallbedeemed,whenactingorpurportingtoactinpursuanceof anyoftheprovisionsofthisAct,tobepublicservantswithinthemeaning ofsection21oftheIndianPenalCode. 55.Nocivilcourtshallhavejurisdictioninrespectofanymatterwhich theLokpalisempoweredbyorunderthisActtodetermine. 56. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment otherthanthisAct. 57. The provisions of this Act shall be in addition to, and not in
Protectionof actiontakenin goodfaithby anypublic servant. Protectionof actiontakenin goodfaithby others.
Members, officersand employeesof Lokpaltobe publicservants. Barof Jurisdiction. Acttohave overriding effect.
45of1860.
Provisionofthis Acttobein
additionof otherlaws. Amendmentof certain enactments. Powertomake rules.
derogationof,anyotherlawforthetimebeinginforce. 58. The enactments specified in the Second Schedule shall be amendedinthemannerspecifiedtherein. 59. (1) The Central Government may, by notification in the Official Gazette,makerulestocarryouttheprovisionsofthisAct. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters,namely: (a)thetermofthesearchcommittee,feeandallowancespayableto itsmembersandthemannerofselectionofpanelofnamesundersub section(5)ofsection4; (b) the procedure of inquiry into misbehaviour for removal of the ChairpersonoranyotherMemberundersubsection(1)ofsection8; (c) the post or posts in respect of which the appointment shall be made after consultation with the Union Public Service Commission undertheprovisotosubsection(1)ofsection11; (d) other matters for which the Lokpal shall have the powers of a civilcourtunderclause(vi)ofsubsection(1)ofsection30; (e) the manner of sending the order of attachment along with the materialtotheSpecialCourtundersubsection(2)ofsection33; (f) the manner of transmitting the letter of request under sub section(2)ofsection39; (g) the manner of making reference to the Chief Justice of India undersubsection(3)ofsection40; (h) the form and the time for preparing in each financial year the budgetforthenextfinancialyear,showingtheestimatedreceiptsand expenditureoftheLokpalundersection43; (i)theformformaintainingtheaccountsandotherrelevantrecords andtheformofannualstatementofaccountsundersubsection(1)of section45; (j)theformandmannerandthetimeforpreparingthereturnsand statementsalongwithparticularsundersubsection(1)ofsection46; (k) the form and the time for preparing an annual report giving a summaryofitsactivitiesduringthepreviousyearundersubsection(2) ofsection46; (l) the form of annual return to be filed by a public servant under subsection(5)ofsection47; (m) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respectofassetsundertheprovisotosection48;
(n)anyothermatterwhichistobeormaybeprescribed.
PowerofLokpal tomake regulations.
60. (1) Subject to the provisions of this Act and the rules made thereunder, the Lokpal may, by notification in the Official Gazette, make regulationstocarryouttheprovisionsofthisAct. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the followingmatters,namely:
(a)theconditionsofserviceofthesecretaryandotherofficersand staff of the Lokpal and the matters which in so far as they relate to salaries, allowances, leave or pensions, require the approval of the Presidentundersubsection(2)ofsection11; (b)theplaceofsittingsofbenchesoftheLokpalunderclause(f)of subsection(1)ofsection19; (c) the manner for displaying on the website of the Lokpal, the statusofallcomplaintspendingordisposedofalongwithrecordsand evidencewithreferencetheretoundersubsection(13)ofsection23; (d) the manner and procedure of conducting an inquiry or investigationundersubsection(15)ofsection23; (e) any other matter which is required to be, or may be, specified underthisAct.
Layingofrules andregulations.
61.EveryruleandregulationmadeunderthisActshallbelaid,assoon asmaybeafteritismade,beforeeachHouseofParliament,whileitisin session, for a total period of thirty days which may be comprised in one sessionorintwoormoresuccessivesessions,andif,beforetheexpiryof the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation,orbothHousesagreethattheruleorregulationshouldnotbe made, the rule or regulation shall thereafter have effect only in such modifiedformorbeofnoeffect,asthecasemaybe;so,however,thatany such modificationorannulmentshall bewithoutprejudiceto thevalidity ofanythingpreviouslydoneunderthatruleorregulation. 62. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette,makesuchprovisionsnotinconsistentwiththeprovisionsofthis Act,asmayappeartobenecessaryforremovingthedifficulty: Providedthatnosuchordershallbemadeunderthissectionafterthe expiryofaperiodoftwoyearsfromthecommencementofthisAct. (2)Everyordermadeunderthissectionshallbelaid,assoonasmaybe afteritismade,beforeeachHouseofParliament.
Powerto remove difficulties.
THEFIRSTSCHEDULE [Seesection3(5)] I, A.B having been appointed Chairperson (or a Member) of the Lokpal, do swear in the name of God / solemnly affirm
thatIwillbeartruefaithandallegiancetotheConstitutionofIndiaasby law established, that I will duly faithfully and to the best of my ability, knowledgeandjudgmentperformthedutiesofmyofficewithoutfearor favour,affectionorillwill.
THESECONDSCHEDULE [Seesection58] AMENDMENTTOCERTAINENACTMENTS
PARTI AMENDMENTTOTHEDELHISPECIALPOLICEESTABLISHMENTACT,1946 (25of1946) In section 6A, for the words The Delhi Special Police Establishment, thewordsSaveasotherwiseprovidedintheLokpalAct,2011,theDelhi SpecialPoliceEstablishmentshallbesubstituted. PARTII AMENDMENTTOTHECOMMISSIONSOFINQUIRYACT,1952 (60of1952) In section 3, in subsection (1), for the words The appropriate Government may, the words, brackets and figures Save as otherwise providedintheLokpalAct,2011,theappropriateGovernmentmayshall besubstituted. PARTIII AMENDMENTTOTHEPREVENTIONOFCORRUPTIONACT,1988 (49of1988) 1. In section 13, in subsection (2), for the words seven years, the wordstenyearsshallbesubstituted; 2. In section 14, for the words seven years, the words ten years shallbesubstituted. 3. In section 19, after the words except with the previous sanction, the words save as otherwise provided in the Lokpal Act, 2011 shall be inserted. PARTIV AMENDMENTTOTHECODEOFCRIMINALPROCEDURE,1973 (2of1974) Insection197,afterthewordsexceptwiththeprevioussanction,the words save as otherwise provided in the Lokpal Act, 2011 shall be inserted. ____________________
Amendmentof section6A.
Amendmentof section3.
Amendmentof section13. Amendmentof section14. Amendmentof section19.
Amendmentof section197.
THE JAN LOKPAL BILL 2011
STATEMENT OF OBJECTS AND REASONS
In his foreword to the UN Convention Against Corruption, the then Secretary General of the United Nations, Mr. Kofi Annan wrote, Corruption is an insidious plague that has a wide range of corrosive effects on society. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and it allows organized crime, terrorism and other threats to human security to flourish.
This evil phenomenon is found in all countries, big and small, rich and poor but it is in the developing world that its effects are more destructive. Corruption hurts the poor disproportionately by diverting funds intended for development, undermining the governments ability to provide basic services, feeding inequality and injustice and discouraging foreign aid and investment. Corruption is a key element in economic underperformance and the major obstacle to poverty alleviation and development.
The preamble of this Convention which has been signed by India and has been ratified by it, states that this Convention was adopted (on 31st October 2003) because the parties adopting it were concerned about the seriousness of the problems and the threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law.
Some of the serious effects of corruption in India were set out in 1993 itself in the N.N. Vohra Committee report, which stated that, The nexus between the criminal gangs, police, bureaucracy and politicians has come out clearly in various parts of the country. The existing criminal justice system, which was essentially designed to deal with the
individual offences/crimes, is unable to deal with the activities of the Mafia; the provisions of law in regard economic offences are weak.The various crime Syndicates/Mafia organisations have developed significant muscle and money power and established linkages with governmental functionaries, political leaders and others to be able to operate with impunity.
Corruption has indeed assumed alarming proportions and it is clear that the existing anti-corruption institutions have failed to tackle the menace and it has therefore become imperative to address the problems which plague the effectiveness of existing anti-corruption institutions and laws.
Article 6 (2) of UNCAC provides that each state party shall grant the body (anti corruption institution) or bodies referred to in paragraph 1 of this article, the necessary independence, in accordance with the fundamental principles of its legal system, to enable the body or bodies to carry out its or their functions effectively and free from any undue influence. The necessary material resources and specialized tasks, as well as the training that such staff may require to carry out their functions should be provided.
This bill provides for the constitution of a Lokpal Authority which will be independent of the public officials and public authorities that it will be empowered to investigate and prosecute. Such independence is sought to be provided both by way of a broad based and transparent selection process as well as by functional autonomy. The bill,
therefore, provides that the Lokpal shall have the authority to select its own staff and also ensure that such staff is adequate to handle complaints of corruption, misconduct as well as grievances. Corruption always involves misconduct and gives rise to
grievances. These are inter-related. The existing vigilance machinery and the existing grievance redressal machinery also suffer from the problem of conflict of interests where vigilance officers and grievance redressal officers are unrealistically expected to exercise vigilance over their own bosses or those who exercise administrative control
over them. The bill, therefore, provides that the vigilance machinery and the grievance redressal machinery also be brought under the supervisory control of an independent Lokpal.
Article 7 (4) of UNCAC provides that each state party shall, in accordance with the fundamental principles of their local law, endeavour to adopt, maintain and strengthen systems that promote transparency and prevent conflicts of interests. These are the principles on the basis of which powers of investigation and prosecution for corruption, enquiry and punishment for misconduct are required to be entrusted to an independent authority which would have no conflict of interests.
Article 8 (2) of UNCAC provides that in particular, each state party shall endeavour to apply within its own institutional and legal systems, codes or standards of conduct for the correct, honourable and proper performance of public functions. In accordance with these principles, the bill provides that each public authority shall prescribe a citizens charter for the performance of its public functions for which it would be held accountable to the independent Lokpal authority.
Article 8 (5) of the UNCAC provides that each state party shall endaevour, where appropriate and in accordance with the fundamental principles of its domestic laws, to establish measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter-alia, their outside activities, employment, investment, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials.
Article 8 (6) provides that each state party shall consider taking, in accordance with the fundamental principles of its domestic law, disciplinary or other measures against public officials who violate the codes or standards established in accordance with this Article.
Article 12 dealing with the private sector obliges each state party to take measures for promoting transparency amongst private entities, including where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate entities; preventing the misuse of procedures regulating private entities including procedures regarding subsidies and licenses granted by public authorities for commercial activities; preventing conflicts of interests by imposing restrictions as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure.
Article 13 of the UNCAC dealing with participation of society provides each state party shall take appropriate measures within its means and in accordance with the fundamental principles of its domestic law to promote the active participation of individuals and groups outside the public sector, such as civil society, non-government organizations and community based organizations in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption. This participation shall be strengthened by such measures as: enhancing the transparency of and promoting the contribution of the public to decision making processes; ensuring that the public has effective access to information.
Article 34 of UNCAC provides that with due regard to the rights of third parties, acquired in good faith, each state party shall take measures, in accordance with the fundamental principles of its domestic laws, to address consequences of corruption. In this context, state parties may consider corruption a relevant factor in legal proceedings to annul or rescind a contract, withdraw a concession or other similar instrument or take any other remedial action.
In accordance with all the above principles enunciated in the UNCAC, the powers of investigation and prosecution of public officials for corruption and disciplinary action for corruption against government officials are sought to be brought under an independent Lokpal authority. In addition, violation of the citizens charter which is akin to a code of conduct, would also be enquired into by the vigilance machinery under the Lokpal. Other ancillary powers such as freezing of assets acquired by public servants by corrupt means are also sought to be conferred on this authority. The integrity of the authority and the anti-corruption/vigilance machinery under its control is sought to be achieved by mandating transparency in its functioning and public participation, wherever possible. The accountability of the Lokpal itself would be to the Supreme Court, which would have the authority to enquire into and order the removal of members of the Lokpal. The officials under the Lokpal will be accountable to independent complaints authorities apart from the Lokpal itself. Judicial review over the actions of the Lokpal by the High Courts under Article 226 and the Supreme Court under Article 32 and 136 would further ensure the accountability of the Lokpal.
Lokpal Bills have been successively introduced in Parliament for the last 42 years but aborted each time for various reasons. An effective, independent and empowered Lokpal institution is a need for which the country cannot wait any longer. This Bill seeks to achieve this objective.
JAN LOKPAL BILL 2011
A Bill to establish an independent authority to investigate offences under the Prevention of Corruption Act, 1988 to detect corruption by expeditious investigation and to prosecute offenders and to ensure timely redressal of certain types of public grievances and to provide protection to whistleblowers. Be it be enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1.
(1) (2)
This Act may be called the Jan Lokpal Act, 2011. It shall come into force on 120th day of its securing assent from the President of India.
2.
Definitions: In this Act, unless the context otherwise requires:-
(a) (b)
Board means the Chairman and the other members of the Lokpal Collectively. Complaint means an allegation of corruption or a request by whistleblower for protection and appropriate action.
(c )
Lokpal means and includes, (i) Benches constituted under this Act and performing functions under this Act; (ii) (iii) Any officer or employee performing under this Act, The Board in rest of the cases;
(d)
Lokpal Bench means a Bench of 2 or more members of the Lokpal acting together in respect of any matter in accordance with the regulations. Each bench shall have a member with legal background.
(e)
Act of corruption includes -: i) anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1988; which would also include any offence committed by an elected member of a house of legislature even in respect of his speech or vote inside the house. ii) willfully giving any undue benefit to any person or obtaining any benefit from any public servant in violation of any laws or rules, iii) victimization of a whistleblower or a witness. iv) repeated violation of citizens charter by any public servant.
(f)
Full bench means a bench with seven members with or without the Chairperson
(g)
Government Servant means a public servant, who is not an elected representative or a judicial officer.
(h)
Grievance means a claim by a person that he could not get satisfactory redressal according to a citizens charter despite approaching a Grievance Redressal Officer of that Department;
(i) (j)
Judicial officer means the officers appointed under section 22 of this Act. Penalty under this Act means punishment of dismissal, removal or reduction in rank
(k)
Public authority means any authority or body or institution of self-governance established or constituted
i) ii)
by or under the Constitution; or by or under any other law made by the Parliament, or a state
legislature
iii)
by notification issued or order made by the Government, and includes
any body owned, controlled or substantially financed by the Government; (l) Public servant shall have the same meaning as defined in section 2(c) of Prevention of Corruption Act 1988. (m) Whistleblower means any person, who provides information about corruption in a public authority or is a witness or victim in that case or who faces the threat of (i) professional harm, including but not limited to illegitimate transfer, denial of promotion, denial of appropriate perquisites, departmental proceedings, discrimination or (ii) (iii) physical harm, or is actually subjected to any harm;
because of either making a complaint to the Lokpal under this Act, or for filing an application under the Right to Information Act, 2005 or by any other legal; action aimed at preventing or exposing corruption or mal-governance.
3.
Notwithstanding anything in any other Act or Law the provisions of this Act shall
prevail and to the extent that the provisions of this Act are repugnant to any other provision in any other Act or law, the provisions in other Acts or laws shall stand amended to the extent of such repugnancy.
CHAPTER II
ESTABLISHMENT OF LOKPAL
4. (1) Immediately after the commencement of this Act, the Central Government by a Notification shall establish an institution known as Lokpal, who would have administrative, financial and functional independence from the government.
(2) The Lokpal shall consist of a Chairperson and 10 other members and various officers under them at different levels to perform such functions as are assigned to them under this Act. (3) The Chairperson and the 10 members of the Lokpal shall be appointed by the President on the recommendation of a Selection Committee. (4) The following shall not be eligible to become Chairperson or Member of Lokpal: (a) Any person, who is not a citizen of India, or (b) Any person, against whom charges were ever framed by any court of law for any offence involving moral turpitude, or (c) Any person, who is less than 45 years in age, or (d) Any person, who was in the service of any government and has remitted office within the last two years, either by way of resignation or retirement. (5) At least four members of Lokpal shall have a legal background. Explanation: Legal Background means that the person should have held a judicial office in the territory of India for at least ten years or should have been an advocate in a High Court or the Supreme Court for at least fifteen years. (6) The Selection Committee shall consist of the following:(i) The Prime Minister of India, who will be the Chairperson of the Selection Committee. (ii) (iii) The Leader of the Opposition in the Lok Sabha Two judges of Supreme Court of India and two permanent Chief Justices
of the High Courts selected by collegium of all Supreme Court judges (v) (vi) (vii) The Chief Election Commissioner of India The Comptroller & Auditor General of India All previous Chairpersons of Lokpal.
(7) The Selection Committee shall select the Chairperson and the other members of the Lokpal from out of a short list prepared by the Search Committee. The Chairperson shall be a person with extensive knowledge of law.
(8) A Search Committee shall consist of 10 members. 5 of its members shall be selected by the Selection Committee from amongst the retired Chief Justices of India, the retired Chief Election Commissioners and the retired Comptroller and Auditor Generals with impeccable reputation of integrity, who have not joined any political party after retirement and who are not holding any office under any government. The 5 members so selected shall, through consensus, co-opt
another 5 members from the Civil Society in the search committee. (9) The Search Committee before preparing the short list will invite nominations from such eminent individuals or such class of people, whom they deem fit, for the position of Chairperson or the members of the Lokpal. (10) Only persons with impeccable integrity and record of public service particularly in the field of fighting corruption shall be eligible for being considered for nomination. (11) The recommendations about nominees should, interalia, contain details of any allegations faced by that candidate under any law, details of his work against corruption in the past, reasons why that person is suitable for the job and any other material that the search committee may decide. (12) The search committee, using any other means, shall collect as much information about the background and past achievements of these candidates. (13) Such nominations as are received shall be put on a web site for inviting comments from the people with regard to the suitability or otherwise of the nominees. (14) The Search Committee after taking into consideration the
comments/information received from the public shall prepare, preferably through consensus, the short list of 3 times the number of persons to be appointed as members of the Lokpal. (15) Any nominations to which objections are raised by any 3 members of the Search Committee shall not be included in the short list.
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(16) Before sending the short list to the Selection Committee, the Search Committee will get the names of the short listed persons put on a public web site to enable people to send any relevant information/comments about the shortlisted persons. (17) The Selection Committee shall, after considering all relevant information about the short listed candidates, select the required number of persons preferably through consensus. However, a person shall not be selected if 3 members of the Selection Committee disapprove such names. (18) The Selection Committee after selecting the persons to be appointed as members or Chairperson of the Lokpal shall ascertain their willingness to serve as members or Chairperson, as the case may be, before recommending the names to the President. (19) The Government shall fill up a vacancy of the Chairperson or a member 3 months before the member or the Chairperson is due to retire. If the vacancy arises due to unforeseen reasons, it shall be filled within three months of such vacancy arising. (20) The Officers in the Lokpal shall be appointed by the Board or any other authority designated by the Regulations whether on a permanent basis or on a temporary basis. (21) The Chairperson or members of Lokpal shall not be serving member of either the Parliament or the Legislature of any State and shall not hold any office of profit (other than the office as Chairperson or member) or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Chairperson or member of Lokpal shall(i) (ii) if he holds any office or profit, resign from such office; or if he is carrying on any business, sever his connection with the conduct
and management of such business; or (iii) (iv) if he is practicing any profession, suspend practice of such profession, or if he is associated directly or indirectly with any other activity, which is likely to cause conflict of interest in the performance of his duties in Lokpal, he should suspend his association with that activity.
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Provided that if even after the suspension, the earlier association of that person with such activity is likely to adversely affect his performance at Lokpal, that person shall not be appointed as a member or Chairperson of Lokpal. (22) A person appointed as the Chairperson or member of Lokpal shall hold office for a term of five years from the date on which he enters upon his office or upto the age of 70 years, whichever is earlier; Provided that ,(a) the Chairperson or member of Lokpal may, by writing under his hand addressed to the President, resign from his office; (b) the Chairperson or member may be removed from office in the manner provided in this Act. (23) There shall be paid to the Chairperson and each member a salary equal to that of the Chief Justice of India and that of the judge of the Supreme Court respectively; (24) The allowances and pension payable to and other conditions of service of the Chairperson or a member shall be such as may be prescribed by the government; Provided that the allowances and pension payable to and other conditions of service of the Chairperson or a member shall not be varied to his disadvantage after his appointment. (25) The Chairperson and members of Lokpal shall not be eligible for appointment to any position in the Government of India or the government of any State or any such body which is funded by any of the Governments or for contesting elections to Parliament, State Legislature or local bodies.
5.
The Lokpal shall select and appoint a Secretary to the Lokpal who will have the
rank of Secretary to the Government of India. He shall be competent to authenticate all orders passed by the Lokpal.
CHAPTER III
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POWERS AND FUNCTIONS OF THE LOKPAL AND ITS OFFICERS
Functions of Lokpal:
6. a)
The Lokpal shall have the following functions and powers to exercise superintendence over the investigation of offences involving any act
of corruption. b) to give directions to the investigating officers for the purpose of proper
investigation of such offences. c) after completion of investigation in any case involving an allegation of an act of
corruption, to impose punishment of dismissal, removal or reduction in rank against government servants after giving them reasonable opportunities of being heard. d) to ensure that the public grievances covered by this Act are redressed in a time
bound manner e) to initiate prosecution before a Special Court established under the Prevention
of Corruption Act, 1988 f) to ensure the proper prosecution of cases before a Special Court established
under the Prevention of Corruption Act, 1988. g) to provide by rules for the terms and conditions of service including the
allowances and pension payable to the officers and staff of the Lokpal. h) to authorize a Bench of the Lokpal to issue letters-rogatory in relation to any
case pending investigation under this Act. i) j) k) to receive complaints from whistle blowers. to receive complaints against any officer or staff of Lokpal. to recruit investigating officers and other officers and staff and get them trained
in modern methods of scientific investigation. (l) (m) to appoint judicial officers, prosecutors and senior counsels. to acquire modern equipment necessary for proper investigation.
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n)
to attach property and assets acquired by corrupt means and to confiscate them
in certain cases as provided under this Act. (o) to recommend cancellation or modification of a 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 public authority shall either comply with the recommendation or reject the same within a month of receipt of recommendation. In the event of rejection of its recommendation, the Lokpal may approach appropriate High Court for seeking appropriate directions to be given to the public authority. p) to ensure due compliance of its orders by imposing penalties on persons failing
to comply with its orders as provided under this Act. q) to initiate suo moto appropriate action under the Act on receipt of any information from any source about any corruption. r) to make recommendations to public authorities, in consultation with them, to
make changes in their work practices to reduce the scope for corruption and whistleblower victimization. The concerned authority shall send its compliance report to Lokpal within two months specifying detailed reasons, wherever they choose to reject any of the recommendations. s) to prepare a sentencing policy for the offences under Prevention of Corruption Act and revising it from time to time. t) to ensure that the time limits mentioned in this Act are strictly adhered to. u) to ensure the integrity of its functionaries and impose punishments of dismissal, removal and reduction in rank against. v) to require any public authority to render any specific help required by the Lokpal. w) to prepare an appropriate reward scheme to encourage complaints from within and outside the government to report acts and evidence of corruption. Provided that the total value of such reward shall not exceed 10% of the value of the loss recovered or loss prevented.
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(x) to inquire into the assets declaration statements filed by all successful candidates after any election to any seat in any House of the Parliament. (x) Such other functions as may be necessary for the proper implementation of this Act.
Powers of officers under Lokpal
7. (1) The Investigating Officers of Lokpal authorized to investigate offences under the Prevention of Corruption Act 1988 shall have all the powers which are vested in a Police Officer while investigating offences under the Code of Criminal Procedure, as well as the powers conferred on the director of enforcement under the Foreign Exchange Management Act, 1999 as well as under the Prevention of Money Laundering Act, 2002. (2) The members of Lokpal or any officer under the Lokpal while exercising any
powers under the Act shall have the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular, in respect of the following matters : (a) summoning and enforcing the attendance of any person from any part of India
and examining him on oath; (b) (c) (d) (e) (f) (3) requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; issuing commissions for the examination of witnesses or other documents; and any other matter which may be prescribed All members of the Lokpal and all officers of the Lokpal superior in rank to an
Investigating Officer may exercise the same powers as may be exercised by such Investigating Officer. (4) A Lokpal bench may punish a public servant with imprisonment up to 6 months or with fine or both, if he fails to comply with its order for ensuring their compliance (5) If during the course of investigation into a complaint, the Lokpal feels that continuance of a government servant in that position could adversely affect the course of investigations or that the said government servant is likely to destroy or tamper with
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the evidence or influence the witnesses or is likely to continue with corruption, the Lokpal may issue appropriate directions including transfer of that government servant from that position. (6) The Lokpal may, at any stage of investigation under this Act, direct by an interim order, appropriate authorities to take such action as is necessary, to prevent the public servant from secreting the assets allegedly acquired by him by corrupt means; (7) While investigating any offence under Prevention of Corruption Act 1988, Lokpal shall be competent to investigate any offence under any other law in the same case. (8) If during any investigation under this act, the Lokpal is satisfied that any preventive action is necessary in public interest to prevent the ongoing incidence of corruption, it may make any recommendation to the public authority concerned to stay the implementation or enforcement of any decision or take any such action as is recommended by the Lokpal. The public authority shall either comply with the recommendation of the Lokpal or reject the same within 15 days of the recommendation thereof. In the event of rejection of its recommendation, the Lokpal may approach the appropriate High Court for seeking appropriate directions to be given to the public authority.
8.
For the purposes of investigation of offences related to acts of corruption, the
appropriate Bench of the Lokpal shall be deemed to be designated authority under Section 5 of the Indian Telegraph Act empowered to approve interception and monitoring of messages of data or voice transmitted through telephones, internet or any other medium as covered under the Indian Telegraph Act read with Information and Technology Act 2000 and as per rules and regulations made under the Indian Telegraph Act 1885.
Issue of search warrants:
16
9.
(1) Where, in consequence of information in his possession, the Lokpal (a) has reason to believe that any person (i) to whom a summon or notice under this Act, has, been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful for or relevant to any inquiry or other proceedings to be conducted by him;
It may by a search warrant authorize any officer not below the rank of an Inspector of Police to conduct a search or carry out an inspection in accordance therewith and in particular to, enter and search any building or place where he has reason to suspect that such property, or document, is kept; (2) The provisions of the Code of Criminal Procedure, 1973, relating to search and
seizure shall apply, so far as may be, to searches and seizures under sub-section (1). (3) A warrant issued under sub-section (1) shall for all purposes, be deemed to be a
warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.
CHAPTER IV
PROCEEDINGS OF LOKPAL
10. (1) The Lokpal may regulate the procedure for the transaction of its business or that of its officers as also allocation of its business amongst the different benches of Lokpal. (2). (a) (b) (c) No act or proceeding of the Lokpal shall be invalid merely by reason of : any vacancy in, or any defect in the constitution of Lokpal ; any defect in the appointment of a person acting as a member of Lokapl ; or any irregularity not affecting the merits of the case
(3) All policy level decisions including formulation of regulations, assignment and delegation of functions and powers shall be taken by the Board in accordance with regulations.
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(4) A complaint by any person may be made in the form of a First Information Report as provided under the Code of Criminal Procedure which will not require any payment of fee or affidavit and could be sent to any office of the Lokpal and shall not be rejected merely on the basis of motive or intention of the complainant. (5) The investigation in any case shall not be closed by the investigating officer without recording reasons for such closure. (6) The hearings in any proceedings before the Lokpal shall be held in public except in exceptional circumstance where it is not in public interest to do so and the reasons for the same shall be recorded in writing before those proceedings are held in camera. The hearings held in public shall be video recorded and shall be made available to the public on payment of copying cost.
CHAPTER V
ACCOUNTABILITY OF LOKPAL
Removal of Chairperson or members of Lokpal:
11. (1). The Chairperson or any other member of the Lokpal shall only be removed from his office by the President, on the recommendation of the Supreme Court on any of the following grounds after the Supreme Court, on the complaint of any person, held an inquiry and found that he could on such ground be removed : (a) (b) (c) (d) that he has been guilty of misbehavior; or that he is unfit to continue in his office by reason of infirmity of mind or body; or is adjudged an insolvent; or engages during his term of office in any paid employment outside the duties of
his office. (2) In any such proceeding the Supreme Court may also direct the suspension of such Chairman or member.
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(3) On receipt of recommendation from the Supreme Court, the President shall forthwith remove the Chairperson or the member, as the case may be. (4) Supreme Court shall, as far as possible, make its recommendations within 3 months of receipt of complaint under this section. (5) If the complaint is frivolous or has been made with malafide intentions, Supreme Court may impose a fine or an imprisonment upto one year or both on the complainant.
Appeals against the orders of Lokpal:
12. Any orders passed by any bench of the Lokpal or any officer of the Lokpal shall be subject to the writ jurisdiction of the High Court under Article 226 of the Constitution of India. Ordinarily, High Courts shall not stay the order. However, if it does, it will have to decide the case within two months, else the stay would be deemed to have been vacated after two months and no further stay in that case could be granted.
Audit of Lokpal:
13. (1) The CAG shall conduct an annual financial and performance audit of the Lokpal. (2) A Parliamentary Committee shall do an annual appraisal of the functioning of Lokpal. The Lokpal shall submit a compliance report, mentioning detailed reasons where it does not accept the recommendations of this committee, to the Parliament. It shall be placed on the table of the two Houses of Parliament.
Reports of Lokpal:
14. (1) The Chairperson of Lokpal shall present annually a consolidated report in the prescribed format on its performance to the President
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(2)
On receipt of the annual report, the President shall cause a copy thereof
together with an explanatory memorandum to be laid before each House of the Parliament. (3) The Lokpal shall publish every month on its website the list of cases received
during the previous month, list of cases disposed with brief details of each such case, outcome and action taken or proposed to be taken in that case, list of cases which are pending and minutes and records of Board meetings.
CHAPTER VI
ACCOUNTABILITY OF OFFICERS OF LOKPAL
Independent Complaints Authority:
15. (1) In each State, one or more complaints authority would be established by the Lokpal to entertain any complaints against any officer or staff of the Lokpal. (2) Such complaints authority shall consist of 5 members to be selected and
nominated by a Committee of 3 persons consisting of: i) ii) iii) (3) The Chief Justice of the High Court of the State; The Chairman of the State Lok Ayukata The Chairman of the State Human Rights Commission The Complaints Authority shall be chaired by a retired High Court judge and shall
have two retired civil servants and two members of civil society. (4) The complaints received against any officer or staff of the Lokpal shall be
inquired into by the Complaints Authority in a public hearing and shall be decided within 2 months of the receipt of the complaint. The officer or staff of the Lokpal shall be given proper opportunity to tender his defence. If the officer or member is found guilty of misbehavior or dishonest investigation or corruption, the authority may order his dismissal, removal or reduction in rank.
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(5)
The final orders passed by the Complaints Authority will be subject to the writ
jurisdiction of the High Court under Article 226 of the Constitution. (6) In suitable cases it would also be open to the complaints authority to direct
suspension of the officer or staff of the Lokpal. (7) Lokpal shall provide for the expenses related to the functioning of complaints authority. (8) Complaints authority shall work in benches in accordance with regulations made under this Act.
Transparency within Lokpal:
16. The Lokpal shall maintain complete transparency in its functioning and shall ensure that full records of any investigation or inquiry conducted under this Act after its conclusion is made public by being put on a public web site.
CHAPTER VII
INVESTIGATION AND PROSECUTION AGAINST HIGH FUNCTIONARIES
17. (1) No investigation or prosecution shall be initiated without obtaining permission from a 7-Member Bench of the Lokpal against any of the following persons:i) ii) iii) The Prime Minister and any other member of the Council of Ministers Any judge of the Supreme Court or any High Court Any Member of the Parliament
CHAPTER VIII
POWERS OF LOKPAL TO MAKE REGULATIONS
21
18. (1) The Lokpal may by notification make regulations consistent with this Act to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the power contained in
sub-section (1) any such regulations may provide for all or any of the following matters, namely:a) the creation of different wings in the Lokpal to deal with different subjects like
investigation, prosecution and grievances; b) the conferment of authority on officers at different levels to exercise powers
under the Act and to lay down the procedure for any inquiries including those relating to complaints against its officers or members of staff ; c) periods within which the investigations and inquiries have to be completed
d) To provide for the taking of certain decisions by appropriate benches of the Lokpal by circulation only. (e) Work norms for each category of officers and staff of Lokpal. (3) The regulations framed by the Lokpal under this Section shall be laid, as soon as
may be after they are issued or made, before each House of Parliament.
CHAPTER IX
REMOVAL OF DIFFICULTIES
19. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, on the recommendation of the Lokpal, by order, not inconsistent with the provisions of this Act, remove the difficulty provided that no such order shall be made after the expiry of a period of 2 years from the date of commencement of this Act. (2) Every order made under this section shall be laid before each house of Parliament.
CHAPTER X
22
TIMELY COMPLETION OF INVESTIGATION AND TRIALS FOR CORRUPTION
20. (1) Every investigating officer shall endeavour to complete the investigation of an offence within a period of 6 months but when necessary he may obtain extension of time from a Bench of the Lokpal. In any case the period of investigation shall not extend 18 months. (2). Every effort will be made by the special courts trying an offence under the
Prevention of Corruption Act to complete the trial within a maximum period of 12 months. (3). To achieve the objective of a speedy trial the Lokpal shall make an annual
assessment of the number of special courts required for this purpose and shall make a recommendation to the Government for creating a specific number of special courts which recommendations shall be binding on the Government. (4) The Chief Justices of High Courts will constitute such number of special benches in respective High Courts to hear cases under this Act, to ensure that an appeal in any case is decided as expeditiously as possible and not later than six months. (5) The judges of Special Courts and the appellate benches set up by High Courts to hear cases under this Act will deal only with cases under this Act.
CHAPTER XI
WHISTLE BLOWERS
21. (1) Any public official or any other person having information of any corruption in any public authority would be encouraged to send the information confidentially to the Lokpal; and it shall be the duty of the Lokpal to get an inquiry made into such information and if necessary get an investigation made under the Prevention of Corruption Act.
23
(2).
It shall be the duty of the Lokpal to provide full protection to whistle blowers
from any physical harm or administrative harassment. Identity of such whistle blowers shall also be protected if the whistle blower so desires. (3). For achieving this objective it shall be competent for the Lokpal to give suitable
direction to any security agencies for providing security as well as to any other authority to ensure that no harassment is caused to such whistle blower. (4). Orders under this section shall be passed expeditiously and in any case within a
month of receipt of complaint. Immediate action will be taken in cases involving a threat of physical victimization. (5) The investigations in complaints by whistleblowers facing physical or professional
victimization shall be fast tracked and completed within three months of receipt of the same.
CHAPTER XII
PENALTIES AND PUNISHMENTS AGAINST CORRUPT PUBLIC SERVANTS
Penalties:
22. (1) After the completion of an investigation against any government servant the Lokpal may either initiate prosecution against such public servant or may initiate proceedings for imposition of penalty or both. (2) Lokpal shall appoint such officers, who may be retired judges or retired civil servants or such others as may be provided, to act as judicial officers for the purpose of this section, at such terms and conditions as may be provided in regulations. (3) A bench of judicial officers will conduct an inquiry against such government
servant for imposition of penalty in which full opportunity to show cause would be given to such government servant. After conclusion of the inquiry the bench shall also determine the penalty, if any, to be awarded to that public servant. The decision of the
24
bench will be subject to approval by a higher authority prescribed by the Lokpal by through regulations. (4) The recommendations so approved shall be binding on the appointing authority.
Punishments:
23. (1) For any act of corruption, the punishment shall not be less than six months of rigorous imprisonment and may extend up to imprisonment for life. (2) The Special Court may take into consideration the higher rank of an accused
person to inflict a more severe punishment. (3) If the beneficiary of an offense is a business entity, in addition to the other punishments provided for under this Act and under the Prevention of Corruption Act, a fine of up to five times the loss caused to the public shall be recovered from the accused and the recovery may be made from the assets of the business entity and from the personal assets of its Managing Directors, if the assets of the accused person are inadequate. (4) If any company or any of its officer or Director is convicted for any offence under Prevention of Corruption Act, that company and all companies promoted by any of that companys promoters shall be blacklisted and be ineligible for undertaking any government work or contract in future. (5) If a public servant is convicted under the Prevention of Corruption Act, such public servant shall stand removed from his office.
24. Wherever Lokpal directs imposition of financial penalty on any officer under this Act to be deducted from his salary, it shall be the duty of the Drawing and Disbursing Officer of that Department to implement such order, failing which the said Drawing and Disbursing Officer shall make himself liable for similar penalty.
CHAPTER XIII
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GRIEVANCE REDRESSAL SYSTEM
25. (1) Each public authority shall prepare a specific charter within a reasonable time not exceeding one year from the coming into force of this Act. (2) Every citizens charter shall enumerate the public authoritys commitments to
the citizens which are capable of being met within a specific time limit and shall designate the officer whose duty would be to fulfill the commitment of the public authority. (3) If any public authority does not prepare its citizens charter within a year, Lokpal shall notify the citizens charter on its own after consulting the public authority and the same shall be binding on that authority. (4) Each public authority shall make an assessment of the resources required to implement the citizens charter and the government shall provide such resources. (5) Each public authority shall designate an official called Public Grievance Redressal
Officer in each station where the public authority has an office, to whom a complaint could be made for any violation of the citizens charter. (6) The Senior most officer of that public authority in that office will be designated
as the Public Grievance Redressal Officer. (7) It shall be the duty of the Grievance Redressal Officer to get the grievance
redressed within a period of 30 days from the receipt of the complaint. (8) In the event of even the Grievance Redressal Officer not getting the grievance
redressed within the specific period of 30 days a complaint could be made to the Lokpal. (9) The Lokpal after hearing the Grievance Redressal Officer would impose suitable
penalty not exceeding Rs. 500/- for each days delay but not exceeding Rs. 50,000/- to be recovered from the salaries of the Grievance Redressal Officer. (10) Apart from levying the penalty on the Grievance Redressal Officer, the Lokpal
may also in suitable cases recommend to the appropriate authority to have departmental punishment imposed on the Grievance Redressal Officer.
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(11)
The Lokpal will also issue a direction to an appropriate authority to get such
grievances redressed within the time to be fixed by the Lokpal. (12) Every public authority shall review and revise its Citizens Charter at least once every year through a process of public consultation to be held in the presence of a representative of Lokpal. (13) Lokpal may direct any public authority to make such changes in their citizens charter as are mentioned in that order and that public authority shall make such changes within a month of the receipt of such order. Provided that such changes shall have to be approved by at least a three member bench of Lokpal. (14) There shall be at least one officer of the Lokpal in each district to receive grievances who shall be called an Appellate Grievance Officer. However, in such places where there is more concentration of central government offices, there shall be more Appellate Grievance Officers as may be required. (15) A social audit of each Appellate Grievance Officer shall take place every six months, in which he shall present himself before the public, present the data related to his functioning, respond to public queries and incorporate suggestions from public in his functioning. The public hearing shall be attended by a senior officer from Lokpal. (16) No case can be closed by Appellate Grievance Officer till the citizens grievance is redressed or the case is rejected by the Appellate Grievance Officer.
CHAPTER XIV
BUDGET OF LOKPAL
26. (1) All expenses of the Lokpal shall be charged to the Consolidated fund of India. (2) The Board shall finalise the Lokpals budget in such a manner that it is less than
% of the total revenues of the Government of India.
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(3) Lokpal shall not need any administrative or financial sanction from any government agency to incur expenditure.
CHAPTER XV
SEIZURE AND CONFISCATION OF PROPERTY AND RECOVERY OF COMPENSATION FROM CORRUPT GOVERNMENT SERVANTS
27. (1) After a public servant has been found guilty by the Special Court of having committed an offence under the Prevention of Corruption Act, the Court would also determine the assets and properties which have been acquired by such accused person by his corrupt acts. (2) The Special Court will pass an order for the confiscation of all the assets and
properties which it has found to have been acquired by the corrupt acts of the convicted public servants as well as the subsequent accruals on these assets. (3) The Special Court would also determine whether apart from the above the
accused person by his corrupt acts has also caused any loss to the exchequer or any other person and determine the amount of loss so caused. The Court shall make an order levying a fine on the accused persons so convicted for the recovery of the entire loss which his corrupt acts have caused and shall also apportion this amount among the various convicted accused persons to be recovered from them as fines. (4) During the course of investigation if the Investigating Officer finds any property
or asset which appears to have been acquired by the corrupt acts of an accused person who is being investigated, it shall make an order of attachment of those assets so that they are available for confiscation at the time of the conviction of such accused persons. In case the accused person is ultimately acquitted, these attached assets and properties will be restored to him.
CHAPTER XVI
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PUBLIC SERVANTS PROPERTY STATEMENTS
28. (1) Every public servant shall within 3 months after the commencement of this Act and thereafter before the 30th June of every year submit to the Head of that public authority in which the said public servant is functioning or to such other authority as may be prescribed, a statement of his assets and liabilities and those of the members of his family which shall include their sources of income, in the format prescribed by the Lokpal. Explanation : In this Section family of a public servant means the spouse and such children and parents of the public servant and such other people as are dependent on him.
(2)
The Head of each public authority shall ensure that all such statements are put
on the website by 31st of August of that year. (3) If it is found that the public servant owns some property which was not disclosed
in his statement of assets, that property would be liable to be confiscated by the Lokpal. (4). If the public servant is found to be in possession or enjoyment of any property
which is not shown in his statement of assets, it shall be presumed that it was owned by him unless he proves to the contrary.
CHAPTER XVII
APPLICABILITY AND MODIFICATIONS OF THE PROVISIONS OF CERTAIN OTHER ACTS
29. (1) Section 19(1) and 19(2) of the Prevention of Corruption Act shall be deleted. (2) Section 6A of the Delhi Special Police Establishment Act shall not be applicable to
the proceedings under this Act. (3) Section 197 of Cr. PC shall not applicable to any proceedings under this Act.
29
(4) The provisions of sections 105C to 105I of CrPC shall apply to offences under the Prevention of Corruption Act whether or not they are transnational in nature. (5) Section 389(3) of CrPC shall not apply to offences under Prevention of Corruption Act. (6) The right to file appeals under section 377 or 378 of CrPC shall be exercised by Lokpal. (7) Under section 372 of CrPC, the power to file an appeal shall be with the complainant as well. (8) Notwithstanding anything contained in Section 397 of CrPC, no court shall ordinarily call for records in cases related to trial of offences in Prevention of Corruption Act during any trial by a special court. Provided that if the court calls for records, the same shall be returned within a month. (9) Any permission which is required under any law for initiating investigation or
initiating prosecution under any Act shall be deemed to have been granted once the Lokpal has granted permission to initiate investigation or prosecution for any offences under the Prevention of Corruption Act. (10) The power of the Lokpal to investigate offences under the Prevention of Corruption Act shall be with the Lokpal notwithstanding any provision in the Money Laundering Act, 2002. (11) The jurisdiction of the special courts under the Prevention of Corruption Act, 1988 to try offences under such act shall be with the Special Court notwithstanding any provision in the Money Laundering Act, 2002. (12) The appropriate Bench of the Lokpal shall be deemed to be the designated
authority under Section 5 of the Indian Telegraph Act empowered to approve interseption and monitoring of messages or data or voice transmitted through telephones, internet or any other medium as covered under the Indian Telegraph Act read with Information and Technology Act 2000 and as per rules and regulations made under the Indian Telegraph Act 1885.
30
(13)
Section 4 (4) of Prevention of Corruption Act shall be amended as
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 a Special Judge shall hold the trial of an offence on day-to-day basis, and shall not grant adjournment for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice and for reasons to be recorded in writing
CHAPTER XVIII
MISCELLANEOUS PROVISIONS
Punishments for false complaints:
30. (1) Notwithstanding anything contained in this Act, if someone makes any complaint under this Act, which lacks any basis or evidence and is held by Lokpal to be meant only to harass certain authorities, Lokpal may impose such fines on that complainant as it deems fit, but the total fine in any one case shall not exceed Rs one lakh. Provided that no fine can be imposed without giving a reasonable opportunity of being heard to the complaintant. Provided further that merely because a case could not be proved under this Act after investigation shall not be held against a complainant for the purposes of this section. Provided that if such complaint is against the staff or officers of Lokpal, Lokpal may sentence the complainant to three months of simple imprisonment in addition to fine. (2) (3) Such fines shall be recoverable as dues under Land Revenue Act. A complaint or allegation once made under this Act shall not be allowed to be
withdrawn.
Provisions to prevent corruption:
31
31. (1) No government official shall be eligible to take up jobs, assignments, consultancies, etc. with any person, company, or organisation that he had dealt with in his official capacity. (2) All contracts, public-private partnerships, transfer by way of sale, lease, and any form of largesse by any public authority shall be done with complete transparency and by calling for public tender/auction/bids unless it is an emergency measure or where it is not possible to do so for reasons to be recorded in writing. Any violation of this shall make the contract/largesse void. The details of all such transactions would be put up by the public authority on a public website. (3) All contracts, agreements or MOUs known by any name related to transfer of natural resources, including land and mines to any private entity by any method like publicprivate partnerships, sale, lease or any form of largesse by any public authority shall be put on the website within a week of being signed.
Merger of anti-corruption branch of CBI into Lokpal:
32. (1) The part of the Delhi Special Police Establishment, dealing with investigation and prosecution of offences under the Prevention of Corruption Act, 1988, shall stand transferred, alongwith its employees, assets and liabilities to the Lokpal. The Central Government shall cease to have any control over the transferred part and its personnel. (2) Such part of Delhi Special Police Establishment, which has been transferred above, shall form part of the Investigation Wing of Lokpal. (3) The salaries, allowances and other terms and conditions of services of the personnel transferred above shall be the same as they were immediately before the commencement of this Act. (4) All cases which were being dealt by that part of Delhi Special Police Establishment, which has been transferred, shall stand transferred to Lokpal.
Immunity to bribe giver in certain cases:
32
33. Any bribe giver may be granted immunity from prosecution by the special court if he voluntarily and gives timely information to the Lokpal about the giving of bribe by him with entire evidence for the purpose of getting the concerned bribe taker/public servant caught and convicted, provided he also relinquishes all the illegitimate benefits which he had received by the giving of that bribe. If the information provided by such bribe giver is subsequently found to be false, the immunity could be withdrawn by the special court.
(This draft provides only for the Lokpal for central public servants. Similar provisions for Lokayuktas in the States to deal with public servants of the State will have to be incorporated in the bill)
33
GOVERNMENT'S LOKPAL IS DANGEROUS

Government's Lokpal is targeted against those who raise their voice rather than to punish the corrupt!
The government's Lokpal bill covers about 0.5% of public servants, yet it brings under its ambit virtually every citizen's group and organization, registered or unregistered, meant to serve the social sector. This raises a pertinent question -- whom is the Lokpal really targeted at? There are more than 1.25 crore central and state government employees. Out of this merely 65,000 Group A Central Government employees would be covered in the government bill leaving out all the lower officers and staff. This effectively means that there is no remedy against corruption that a common person faces daily in police, roads, industry, licensing, transport, roadways, municipality, rations, health services, education, pension, provident funds, Panchayat, forest department, irrigation department, etc. On the other hand, Lokpal would have jurisdiction over all NGOs, trusts, societies like RWAs, big or small, whether registered or unregistered, whether they
receive government funding or not, up to the village level! For instance, consider a group of citizens that unearths corruption of the Sarpanch and Block Development officer (BDO) in a village. The government's Lokpal can't take any action against the Sarpanch or BDO but it can lock up the group of active citizens. Each and every association, like Resident Welfare Associations, Market Associations, even your neighbourhood committees that organize festivals like Durga Puja, Ramlila, etc. would be under the purview of Lokpal. While there is no disagreement that the rot of corruption is also afflicting many societies, associations and NGOs, there already exists a plethora of laws like the Trust Act, Societies Act, FCRA, etc. to monitor them. Lokpal was originally intended for checking corruption in public servants. Regardless, if it is being extended to all associations of civil society, then why shouldn't it also cover all companies, businesses, political parties, and media houses?
Government's Lokpal Provides Greater Protection to Corrupt!

Provisions in the government's Lokpal Bill heavily favour corrupt public servants. Under this bill, a public servant accused of corruption is allowed to turn around and file a lawsuit against the complainant accusing him of filing a frivolous complaint. The government will provide a free advocate to the accused to help prove the citizen was wrong, while the citizen has to fend for himself. If the complaint proves to be frivolous, the minimum sentence for the citizen is two years. But if the corruption charges are proved, the minimum sentence for the public servant is just six months! Will then any citizen dare raise a voice against corruption?
Government's Draft
Corruption of Prime Minister If the PM is involved in corruption, then CBI would investigate, not the Lokpal. (CBI directly comes under PM. How will CBI investigate its own boss?)
Anna Hazare's Jan Lokpal

Lokpal, which is an independent body, would investigate PM. (If govt.'s doesn't want PM's corruption to be investigated, let them amend constitution upfront rather than making a pretense of investigations by CBI.)
Corruption within Judiciary
A committee of three judges from same A seven member bench of Lokpal will give court will give permission for investigation permission after an open hearing. against the accused judge. (How will judges from the same court give permission to investigate their colleague judge?)
Corruption of Mps
If a MP votes or puts up a question in parliament in return for a bribe, then he/she could be investigated by a committee of other MPs as is the present system. (In the past 62 years, many instances of MP's taking bribe have surfaced but not even a single instance has been honestly investigated nor any MP sent to jail.)
The investigation would be done by an independent Lokpal.
Corruption Faced by the Common Citizen
Every department will declare its citizen charter specifying work to be done, the officer responsible, and time required. However, it doesn't state what happens in case of dereliction of duty. (Today, any work like license, ration card, business permits, etc. in a government department requires the citizen to pay a bribe. Why will the department change from this modus operandi when there are no penalties for non-performance?)
If the citizen charter is violated, then the Lokpal would penalize the concerned officers, and the penalty would go to the complainant as compensation
Selection of Lokpal
1. In a ten-member Selection Committee, six are politicians, of which five will be from the ruling party. (This kind of system will increase the probability that a corrupt persons and those favorable to ruling party are finally selected.) 2. Selection process will be decided by Selection Committee.
1.
Selection Committee would comprise of two politicians, four judges and head of two independent constitutional authorities. The Search Committee would comprise of civil society members and retired constitutional authorities. A detailed selection process has been described, which would be transparent and have people's participation.
2.
3.
Government's Draft
Accountability of Lokpal Members The members of Lokpal would be accountable to the government. Only government can file a petition in the Supreme Court for their removal. The members of Lokpal would be accountable to the government. Only government can file a petition in the Supreme Court for their removal.
Anna Hazare's Jan Lokpal

The accountability of the Lokpal members would be to the public. Any citizen can file a petition in the Supreme Court for removal of a corrupt Lokpal member. The accountability of the Lokpal members would be to the public. Any citizen can file a petition in the Supreme Court for removal of a corrupt Lokpal member.
Corruption within Lokpal Staff
Jurisdiction of Lokpal
Only group 'A' officers of the Central Government would come under the jurisdiction of Lokpal, while the lower level officers and the state employees would be left out. (So where would the common citizen go to complain about corruption in licensing, Panchayat, Schools, Hospitals, rations, etc.?)
All the employees of Central Government will be under Lokpal's ambit. On similar patterns of Lokpal , Lokayaukta will be set up at state level and all the employees of state government will be under its ambit.
Whistleblower's Protection
The CVC is responsible of protecting the whistleblowers. However, the CVC neither has the capacity nor the legal powers required to protect whistleblowers.
It should be Lokpal's responsibility to protect the whistleblowers. The Lokpal has been given sufficient powers for the same.
Removal of Corrupt Officers
The power to remove officers lies with the minister of that particular department. (Since the minister also gets a cut out of the money that is taken as bribe, corrupt officers are rewarded rather than punished) Maximum punishment for corruption is 10 years.
The decision to remove a corrupt officer lies with a bench of Lokpal members which would hear such cases in public.
Punishment for Corruption
The maximum sentence is life imprisonment. Officers senior in rank would attract stiffer punishment.

Govt Lokpal Vs Jan Lok Pal Bill

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Govt Lokpal Vs Jan Lok Pal Bill

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DRAFT LOKPAL BILL 21ST June, 2011 04:00PM

12. 13. 14.

17. 18. 19. 20. 21. 22.

23. 24. 25. 26. 27. 28.

29. 30. 31. 32. 33.

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34. 35. 36. 37.

43. 44. 45. 46.

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BEitenactedbyParliamentintheSixtysecondYearoftheRepublicof Indiaasfollows: CHAPTERI PRELIMINARY 1.(1)ThisActmaybecalledtheLokpalAct,2011.

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Appointmentof Chairperson andother Membersand Selection Committee.

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Fillingof vacanciesof Chairpersonor other Members. Termofoffice ofChairperson andMembers.

Salary, allowancesand other conditionsof serviceof Chairperson andMembers.

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Restrictionon employmentby Chairperson andMembers afterceasingto holdoffice.

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Membertoact asChairperson ortodischarge hisfunctionsin certain circumstances.

Secretary,other Officersand staffofLokpal.

Investigation officertohave powersof police.

Investigation officerto inquireon directionof

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Appointment of Prosecution Director.

Expensesof Lokpaltobe chargedon Consolidated FundofIndia.

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Constitutionof benchesof Lokpal.

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Distribution of business amongst Benches

Power of Chairperson to transfer cases

Provisions relatingto complaintsand inquiryand investigation.

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servant an opportunity to be heard consistent with principles of natural justice.

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25of1946. 2of1974. 49of1988. 25of1946. 2of1974. 49of1988.

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Actionon inquiryagainst publicservant beingministers orMembersof Parliament.

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Lokpaltohave powersofcivil courtincertain cases.

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PowerofLokpal toutilise servicesof officersof CentralorState Government.

Provisional attachmentof assets.

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PowerofLokpal torecommend transferor suspensionof publicservant connectedwith allegationof corruption.

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SpecialCourts tobenotified byCentral Government.

Letterof requesttoa contracting Stateincertain cases.

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CHAPTERX COMPLAINTSAGAINSTCHAIRPERSON,MEMBERSANDOFFICIALSOF LOKPAL 40.(1)TheLokpalshallnotinquireintoanycomplaintmadeagainstthe ChairpersonoranyMember.

Complaints against Chairperson andMembers nottobe inquiredby Lokpal.

Complaints againstofficials ofLokpal.

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Assessmentof lossand recovery thereofby SpecialCourt.

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Furnishingof returns,etc.,to Central Government.

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Prosecutionfor falsecomplaint andpaymentof compensation, etc.,topublic servant.

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Protectionof actiontakenin goodfaithby anypublic servant. Protectionof actiontakenin goodfaithby others.

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