21st June, 2011
04:00PM
THE LOKPAL BILL, 2011
ARRANGEMENT OF CLAUSES
CHAPTER I PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT OF LOKPAL
3. Establishment of Lokpal.
4. Appointment of chairperson and other Members and Selection Committee.
5. Filling of vacancies of Chairperson or other Members.
6. Term of office and other conditions of service of Chairperson and Members.
7. Salary, allowances and other conditions of service of Chairperson and Members.
8. Removal and suspension of Chairperson and other Member of Lokpal.
9. Restriction on employment by Chairperson and Members after ceasing to hold office.
10. Member to act as Chairperson or to discharge his functions in certain circumstances.
11. Secretary, other Officers and staff of Lokpal.
CHAPTER III
INVESTIGATION WING
12. Investigation Wing.
13. Investigation officer to have powers of police.
14. Investigation officer to inquire on direction of Lokpal.
CHAPTER IV
PROSECUTION WING
15. Appointment of Prosecution Director.
CHAPTER V
EXPENSES OF INSTITUTION OF LOKPAL TO BE CHARGED ON CONSOLIDATED FUND OF INDIA
16.Expenses of Lokpal to be charged on Consolidated Fund of India.
CHAPTER VI
JURISDICTION IN RESPECT OF INQUIRY
17. Jurisdiction of Lokpal.
18. Matters pending before any court or committee or authority before inquiry before Lokpal not to be affected.
19.Constitution of benches of Lokpal.
20. Distribution of business amongst Benches
21. Power of Chairperson to transfer cases Decision to be by majority.
CHAPTER VII
PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION
23. Provisions relating to complaints and inquiry and investigation.
24. Persons likely to be prejudicially affected to be heard.
25. Lokpal may require any public servant or any other person to furnish information, etc.
26. Previous sanction not necessary for investigation and initiating prosecution by Lokpal in certain cases.
27. Action on inquiry in relation to public servants not being minsters or Members of Parliament.
28. Action on inquiry against public servant being ministers or Members of Parliament.
CHAPTER VIII
POWERS OF LOKPAL
29. Search and seizure.
30. Lokpal to have powers of civil court in certain cases.
31. Power to punish for contempt.
32. Power of Lokpal to utilise services of officers of Central or State Government.
33. Provisional attachment of assets.
34. Confirmation of attachment of assets.
35. Power of Lokpal to recommend discontinuance of activity connected with allegation of corruption.
36. Power of Lokpal to give directions to prevent destruction of records during inquiry.
37. Power to delegate.
CHAPTER IX
SPECIAL COURTS
38. Special Courts to be notified by Central Government.
39. Letter of request to a contracting State in certain cases.
CHAPTER X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPAL
40. Complaints against Chairperson and Members not to be inquired by Lokpal.
41. Complaints against officials of Lokpal.
CHAPTER XI
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT
42. Assessment of loss and recovery thereof by Special Court.
CHAPTER XII
FINANCE, ACCOUNTS AND AUDIT
43. Budget.
44. Grants by Central Government.
45. Annual statement of accounts.
45. Furnishing of returns, etc., to Central Government.
CHAPTER XIII
DECLARATION OF ASSETS
47. Declaration of assets. 48. Presumption as to acquisition of assets by corrupt means in certain cases.
CHAPTER XIV
CITIZENS' CHARTER
49. Citizens' charter.
CHAPTER XV
OFFENCES AND PENALTIES
50. Prosecution for false complaint and payment of compensation, etc., to public servant.
51. False complaint made by society or association of persons or trust
CHAPTER XVI
MISCELLANEOUS
52. Protection of action taken in good faith by any public servant.
53. Protection of action taken in good faith by others.
54. Members, officers and employees of Lokpal to be public servants.
55. Bar of Jurisdiction.
56. Act to have overriding effect.
57. Provision of this Act to be in addition of other laws.
58. Amendment of certain enactments.
59. Power to make rules.
60. Power of Lokpal to make regulations.
61. Laying of rules and regulations.
62. Power to remove difficulties.
THE FIRST SCHEDULE
THE SECOND SCHEDULE
A bill to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain public functionaries and for matters connected therewith.
WHEREAS the Constitution of India established a democratic Republic to ensure justice for all;
AND WHEREAS good governance is' the bedrock of democracy and the guarantee of development as a right of the citizen;
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 institutions have worked to strengthen participatory democracy;
AND WHEREAS the rapid growth of democratic and economic institutions have brought new challenges of accountability and integrity in the course of governance;
AND WHEREAS graft and corruption have become a serious menace to society and governance;
AND WHEREAS serious concerns have been expressed about grave consequences of corruption in high places;
AND WHEREAS India is a signatory to the United Nations Convention Against Corruption;
AND WHEREAS the country's Commitment to clean and responsive governance has to be reflected in an effective institution to contain and punish acts of corruption;
NOW, THEREFORE, it is expedient to provide for prompt and fair investigation and prosecution of cases of corruption.
BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:-
CHAPTER I PRELIMINARY
Short title and commencement.
1. (1) This Act may be called the Lokpal Act, 2011.
(2) it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as reference to the coming into force of that provision.
Definitions.
2. (1) In this Act, unless the context otherwise requires,
(a) "Bench" means a Bench of the Lokpal;
(b) "Chairperson" means the Chairperson of the Lokpal;
(c) "competent authority", in relation
(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 House of the People in the case of a member of that House;
(iii) an officer in the Ministry or Department of the Central Government means the Minister in charge of the Ministry or Department under which such officer is serving;
(iv) a chairperson or members of any body, or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of Parliament or wholly or partly financed by the Central Government or controlled by it means the Minister in charge of the administrative Ministry of such body, or Board or corporation or authority or company or society or autonomous body;
(v) an officer of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of Parliament or wholly or partly financed by the Central Government or controlled by it means the head of such body or Board or corporation or authority or J company or society or autonomous body;
(d) "complaint" means a complaint alleging that a public servant has 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 appointed as such;
(g) "Lokpal" means the institution established under section 3;
(h) "Member" means a Member of the Lokpal;
(i) "Minister" means an Union Minister but does not include the Prime Minister;
(j) "notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "public servant" means a person referred to in clauses (a) to (e) of sub-section (1) of section 17;
(m) "regulations" means regulations made under this Act;
(n) "Schedule" means a Schedule to this Act;
(0) "Special Court" means a Special Court appointed under sub section (1) of section 3 of the Prevention of Corruption Act, 1988.
(2) Words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988, shall have the meanings respectively assigned to them in that Act.
CHAPTER II
ESTABLISHMENT OF LOKPAL
3. (1) As from the commencement of this Act, there shall be
established, for the purpose of making inquiries in respect of complaints made under this Act, an institution to be called the "L0kpal".
(2) The Lokpal shall consist of
(a) a Chairperson; and
(b) ten Members, out of whom at least four shall be Judicial Members.
Lokpal.
(3) A person shall be eligible to be appointed,-
(a) as the Chairperson or a Member if he is a person impeccable integrity, outstanding ability and standing having special knowledge of, and professional experience of not less than twenty-five years in, public affairs, administrative law and policy, academics, commerce and industry, law, finance or management;
(b) as a Judicial Member if he is or has been a Chief Justice of a High Court or a Judge of the Supreme Court.
(4) The Chairperson or a Member shall not be a member of Parliament or a member of the Legislature of any State or Union territory and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be connected with any political party or carry on any business or practise any profession and accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if
(a) he is a member of Parliament or of the Legislature of any State or Union territory, resign from such membership; or
(b) he holds any office of trust or profit, resign from such office; or
(c) he is connected with any political party, sever his connection with it; or
(d) he is carrying on any business, sever his connection with the conduct and management of such business; or
(e) he is practicing any profession, cease to practise such profession.
(5) The Chairperson and every Member shall, before entering upon his office, make and subscribe before the President an oath or affirmation in the form set out in the First Schedule.
Appointment of Chairperson and other Members and Selection Committee.
4. (1) The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of -
(a) the Prime Minister chairperson;
(b) the Speaker of the House of the People - member;
(c) the Leader of the House other than the House in which the Prime Minister is a Member of Parliament - member;
(d) the Minister in-charge of the Home Affairs in the Government of India - member;
(e) the Leader of the Opposition in the House of the People - member;
(f) the Leader of the Opposition in the Council of States member:
Provided that in case, there is no Leader of Opposition in the House of the People or the Council of States, the leader of the single largest group or party in opposition to the Government, as the case may be, in such House or Council shall be deemed to be a member of the Committee specified in clause (e) or clause (f), as the case may be:
(g) one sitting Judge of the Supreme Court to be nominated by the Chief Justice of India - member;
(h) one sitting Chief Justice of a High Court to be nominated by the Chief Justice of India - member;
(i) the President of the National Academy of Sciences, India, being a society registered under the Societies Registration Act, 1860 or the senior most National Professor member;
(j) Cabinet Secretary - secretary.
(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of in the Committee.
21 Of 1860.
(3) The Selection Committee may, if it considers necessary for the purposes of selecting the Chairperson and other members of the Lokpal and for preparing a panel of persons to be considered for appointment as 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 twenty-five years in, public affairs, administrative 'law and policy, academics, commerce and industry, law, finance, management, or in any other matter which in the opinion of the Selection Committee, may be useful in making selection of Chairperson and other Members of the Lokpal.
(4) The Selection Committee shall regulate its own procedure for selecting the Chairperson and Members of the Lokpal which shall be transparent.
(5) The term of the search committee referred to in sub-section (3) and fee and allowances payable to the members of the search committee and the manner of selection of panel of names shall be such as may be prescribed.
Filling of vacancies of Chairperson or other Members
5. The President shall take or cause to be taken all necessary steps for the appointment of a new Chairperson and other Members at least three months before the expiry of the term of such Chairperson or Member, as the case may be, in accordance with the procedure laid down in this Act.
Term of office of Chairperson and Members
6. The Chairperson and every other Member shall, on recommendations of the Selection Committee, be appointed by the President by warrant under his hand and seal and hold office as such for a term not exceeding five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier:
Provided that he may -
(a) by writing under addressed to the President, resign his office; or
(b) be removed from his office in the manner provided in section 8.
Salary, allowances and other conditions of service of Chairperson and Members
7. The salary allowances and other conditions of service of -
(i) the Chairperson shall be the same as those of the Chief Justice of India;
(ii) other Members shall be the same as those of a Judge of the Supreme Court:
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 Chairperson or, as the case may be, as a Member, be reduced -
a) by the amount of that pension; and
b) if he has, before such appointment, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension:
Provided further that the salary, 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.
Removal and suspension of Chairperson and other Member of Lokpal.
8. (1) Subject to the provisions of sub-section (3), the Chairperson or any other Member shall be removed from his office by order of the President on grounds of misbehaviour after the Supreme Court, on a accordance with the procedure prescribed in that behalf, reported that the Chairperson or such other Member, as the case may be, ought on any such ground to be removed.
(2) The President may suspend from office the Chairperson or any other Member in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from the office the Chairperson or any other Member if the Chairperson or such other Member, as the case may be, -
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
(4) if the Chairperson or any other Member is or becomes in any way 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 emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shaii, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.
Restriction on employment by Chairperson and Members after ceasing to hold office.
9. (1) On ceasing to hold office, the Chairperson and every other Member shall be ineligible for -
(i) re-appointment as the Chairperson or a Member of the Lokpal;
(ii) any diplomatic assignment, appointment as administrator of a Union territory and such other assignment or appointment which is required by iaw to be made by the President by warrant under his hand and seal;
(iii) further employment to any other office of profit under the Government of India or the Government of a State;
(iv) contesting any election of President or Vice President or Member of either House of Parliament or Member of either House of State Legislature or Municipality or Panchayat.
(2) Notwithstanding anything contained in sub-section (1), a Member shall be eligible to be appointed as a Chairperson, if his total tenure as Member and Chairperson does not exceed five years.
Member to act as Chairperson or to discharge his functions in Certain circumstances.
10. (1) in the event of the occurrence of any vacancy in the office of Chairperson by reason of his death, resignation or otherwise, the President may, by notification, authorise the senior-most Member to act as the Chairperson until the appointment of a new Chairperson to fill such
vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Member available, as the President may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
Secretary, other Officers and staff of Lokpal.
11. (1) The appointment of secretary and other officers and staff of the Lokpal shall be made by the Chairperson or such other Member or officer of Lokpal as the Chairperson may direct:
Provided that the President may by ruie require that the appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the conditions of service of secretary and other officers and staff of the Lokpal shall be such as may be specified by regulations made by the Lokpal for the purpose:
Provided that the regulations made under this sub-section shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.
CHAPTER III
INVESTIGATION WING
Investigation Wing.
12. Notwithstanding anything contained in any law for the time being in force, the Lokpal shall constitute an investigation Wing for the purpose of conducting investigation of any offence alleged to have been committed 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 investigation under this Act.
Investigation to have powers of poiice.
13. (1) No investigation shall be made by an investigation officer of the investigation Wing below the rank of a Deputy Superintendent of Police or by any other officer of equivalent rank.
(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 investigation of such offences.
Investigation officer to inquire on direction of Lokpal.
14. (1) The Lokpal may, before holding any inquiry under this Act, by an order, require the investigation officer of its investigation Wing to make, or cause to be made, a preliminary investigation in such manner as it may 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 the matter requires to be inquired into by the Lokpal.
(2) The investigation officer on receipt of an order under sub-section (1) shall complete the investigation and submit his report within the time specified under that sub-section.
CHAPTER IV
PROSECUTION WING
Appointment off Prosecution
Director.
15. (1) The Lokpal may, by notification, constitute a prosecution wing and appoint a prosecution Director and such other officers and employees to assist the prosecution Director for the purpose of prosecution of public servants in relation to any complaint by the Lokpal under this Act.
(2) The prosecution Director shall, after having been so directed by the 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 offence punishable under the Prevention of Corruption Act, 1988.
CHAPTER V
EXPENSES OF INSTITUTION OF LOKPAL TO BE CHARGED ON CONSOLIDATED FUND OF INDIA
Expenses of Lokpal to be charged on Consolidated Fund of India.
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 Lokpal shall form part of that Fund.
CHAPTER VI
JURISDICTION IN RESPECT OF INQUIRY
Jurisdiction of Lokpal.
17. (1) Subject to the other provisions of this Act, the Lokpal shall inquire into any matter involved in, or arising from, or connected with, any allegation of corruption by a public servant made in a complaint in respect of the following, namely:-
(a) any person who is or has been a Minister of the Union other than the Prime Minister;
(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 who has served, in connection with the affairs of the Union;
(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 autonomous body (by whatever name called) established or constituted under an Act of Parliament or wholly or partly financed by the Central Government or controlled by it;
(e) any director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) wholly or partly financed by the Government or in receipt of any sums i under the Foreign Contribution (Regulation) Act, 1976 or any donation from the public:
Provided that the Lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any Member of either House of Parliament in respect of anything said or a vote given by him in Parliament or any committee thereof covered under the provisions contained in clause (2) of article 105 of the Constitution.
(2) The Lokpal may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is associated with the allegation of corruption under the Prevention of Corruption Act, 1988.
(3) No matter in respect of which a complaint has been made to the Lokpal under this Act, shall be referred for inquiry under the Commissions
of Inquiry Act, 1952.
Matters pending before any court or committee or authority before inquiry before Lokpal not to be affected.
18. In case any matter or proceeding related to allegation of corruption under the Prevention of Corruption Act, 1988 has been pending before any court or committee of either House of Parliament or before any other authority prior to commencement of this Act, such matter o rproceeding shall be continued before such court, committee or authority.
ExpIanation - For the removal of doubts, it is herby declared that continuance of such matter or proceeding before any court or committee 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 the Lokpal to inquire into such matter under this Act.
Constitution of benches of Lokpal
19. (1) Subject to the provisions of this Act, -
(a) the jurisdiction of the Lokpal may be exercised by benches thereof;
(b) a bench may be constituted by the Chairperson with two or more Members as the Chairperson may deem fit;
(c) every bench shall ordinarily consist of at least one Judicial Member;
(d) where a bench consists of the Chairperson, such bench shall be presided over by the Chairperson;
(e) where a bench consists of a Judicial Member, and a non-Judicial Member, not being the Chairperson, such bench shall be presided over by the Judicial Member;
(f) the benches of the Lokpal shall ordinarily sit at New Delhi and at such other places as the Lokpal may, by regulations, specify.
(2) The Lokpal shall notify the areas in relation to which each bench of the Lokpal may exercise jurisdiction. .
(3) Notwithstanding anything contained in sub-section (2), the Chairperson shall have the power to constitute or reconstitute benches from time to time.
(4) if at any stage of the hearing of any case or matter it appears to the Chairperson or a Member that the case or matter is of such a nature that it ought to be heard by a bench consisting of three or more Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to such bench as the Chairperson may
Distribution of business amongst Benches
20. Where benches are constituted, the Chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the Lokpal amongst the benches and also provide for the matters which may be dealt with by each bench.
Power of Chairperson to transfer cases
21. On an application for transfer made by the complainant or the public servant, the Chairperson, after giving an opportunity of being heard to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other bench.
Decision to be by majority.
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, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points 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 Members of the Lokpal who have heard the case, including those who first heard it.
CHAPTER VII
PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION
Provisions relating to complaints and inquiry and investigation.
23. (1) The Lokpal, on receipt of a complaint, may either make preliminary inquiry or direct its investigation Wing, to make a preliminary investigation to ascertain whether there exists a prima facie case for proceeding in the matter.
(2) Every preliminary inquiry or preliminary investigation referred to in sub-section (1) shall ordinarily be a period of thirty days and for reasons to be recorded in writing, within a further period of three months from the date of receipt of the complaint.
(3) Upon completion of the preliminary investigation, the investigating authority shall submit its report to the Lokpal.
(4) Before the Lokpal comes to the conclusion in the course of a preliminary inquiry and after submission of a report referred to in subsection (3) that a prima facie is made out against the public servant pursuant to such a preliminary inquiry, the Lokpal shall afford the public 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 sub-section (1) is satisfied that no prima facie case is made out for proceeding further in the complaint shall be closed and the decision thereon be communicated to the complainant and the public servant.
(6) Where the Lokpal is of the opinion that prima facie case is made out and refers the matter for investigation, upon completion of such investigation and before filing the charge sheet, the public servant against whom such investigation is being conducted shall be given an opportunity to be heard consistent with the principles of natural justice.
(7) Every inquiry conducted by the Lokpal, upon being satisfied that a prima facie case is made out, shall be open to the public provided that in exceptional circumstances and for reasons to be recorded in writing by the Lokpal, such inquiry may be conducted in camera.
(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, for reasons to be recorded in writing, may be extended by a further period of six months.
(9) The public servant against whom an inquiry is being conducted under sub-section (8) shall be given an opportunity to be heard consistent with the principles of natural justice.
(10) Where in a case the Lokpal is of the opinion and reason to be recorded in writing that it is not in the interest of justice to either hold a preliminary inquiry or preliminary investigation, it may refer the matter for 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 directing that a charge sheet be filed afford the public servant concerned an opportunity to be heard consistent with the principles of natural justice.
(12) lf the Lokpal proposes to inquire into a complaint, it may, at any stage, -
(a) pass appropriate orders for safe custody of the documents relevant to the inquiry as it deems fit; and
(b) forward a copy of the complaint to the public servant concerned along with all relevant material relied upon and afford him an opportunity to represent his case.
(13) The website of the Lokpal from time to time and in such manner as may be specified by regulations, display to the public, the status of number of complaints pending before it or disposed of by it.
(14) The Lokpal may withhold the records and evidence which are likely to impede the of inquiry or conduct of a case by it or the Special Court.
(15) Save as otherwise provided, the manner and procedure of conducting an inquiry or investigation under this Act, shall be such as may be specified by regulations.
Persons likely to be prejudicially affected to be heard.
24. If, at any stage of the proceeding, the Lokpal -
(a) considers it necessary to inquire into the conduct of any person other than the prospective accused; or
(b) is of opinion that the reputation of any person other than a accused is likely to be prejudicially affected by the inquiry,
the Lokpal shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence, consistent with the principles of natural justice:
Provided that nothing in this section shall apply where the credibility of a witness is being impeached.
Lokpal may require any public servant or any other person to furnish information etc.
(1) Subject to the provisions of this Act, for the purpose of any inquiry or investigation, the Lokpal or the investigating authority, as the or any other case may be, may require any public servant or any other person who, in its opinion, is able to furnish information or produce documents relevant to such inquiry or investigation, to furnish any such information or produce any such document.
Previous sanction not necessary for investigation and initiating prosecution by Lokpal in certain cases
26. (1) No sanction or permission or authorisation shall be required by the Lokpal or its Investigation Wing under section 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 prosecution 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 this Act.
(2) A Special Court may, notwithstanding anything contained in section 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 any public servant.
(3) Nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding the office in pursuance of the provisions of the Constitution and in'respect of which a procedure for removal of such person has been specified therein.
(4) The provisions contained in sub-sections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the Constitution.
Action on inquiry in relation to public servants not being ministers or Members of Parliament.
27. (1) Where after the conclusion of the inquiry or investigation, the findings of the Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 1988 by a public servant referred to in clause (c) or clause (d) of sub-section (1) of section 17, the Lokpal may -
(a) file a case in the Special Court and send a copy of the report together with its findings to the competent authority;
(b) recommend to the competent authority the initiation of disciplinary proceedings under the rules of disciplinary proceedings applicable to such public servant;
(c) provide a copy of the report to the public servant or his g representative;
(2) The competent authority shall, within a period of thirty days of the receipt of recommendation under clause (b) of sub-section (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 proposed to be taken thereon, to the Lokpal ordinarily within six months of initiation of such disciplinary proceedings.
Action on inquiry against public servant being ministers or Members of Parliament.
28. (1) (1) Where after the conclusion of the inquiry or investigation, the findings of the Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 1988 by a public servant referred to in clause (a) or clause (b) of sub-section (1) of section 17, the Lokpal may file a case in the Special Court and shall send a copy of the report together with its findings to the competent authority;
(2) The Speaker, in the case of the Minister or a Member of the House of the People, and the Chairman of the Council of States, in the case of a Member of that Council shaii, as soon as may be, after the receipt of report under sub-section (1), cause the same to be laid before the House of the People or the Council of States, as the case may be, while it is in session, and if the House of the People or the Council of States, as the case may be, is not in session, within a period of one week from the reassembly of the said House or the Council, as the case may be.
(3) The competent authority shall examine the report forwarded to it under sub-section (1) and communicate to the Lokpal, within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report.
Explanation.- In computing the period of ninety days referred to in this sub-section, any period during which Parliament or, as the case may be, either House of Parliament, is not in session, shall be excluded.
CHAPTER VIII
POWERS OF LOKPAL
Search and seizure.
29. (1) If the Lokpal has reason to believe that any document which, in its opinion, shall be useful for, or relevant to, any investigation or inquiry under this Act, are secreted in any place, it may authorise any officer of Investigation Wing, to search for and to seize such documents.
(2) if the Lokpal is satisfied that any document seized under subsection (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, it may so retain or direct such officer authorised to retain such document till the completion of such investigation or inquiry:
Provided that where any document is required to be returned, the Lokpal or the authorised officer may return the same after retaining copies of such document duly authenticated.
(3) The provisions of the Code of Criminal Procedure, 1973 relating to searches shall, so far as may be, apply to searches under this section subject to the modification that sub-section (5) of section 165 of the said Code shall have effect as if for the word "Magistrate", wherever it occurs therein, the words "Lokpal or any officer authorised by it" were substituted.
Lokpal to have powers of civil court in certain cases.
30. (1) Subject to the provisions of this section, for the purpose of any inquiry, the Lokpal shall have all the powers of a civil court, under the Code 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 examining him on oath;
(ii) requiring the discovery and production of any document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or copy thereof from any court or office;
(v) issuing commissions for the examination of witnesses or documents:
Provided that such commission, in case of a witness, shall be issued only where the witness, in the opinion of the Lokpal, is not in a position to attend the proceeding before the Lokpal; and
(vi) such other matters as may be prescribed.
(2) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code.
Explanation.- For the purposes of this section, "public servant" shall have the same meaning as is in section 21 of the Indian Penal Code.
Power to punish for 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 exercise such power or authority, for this purpose under the provisions of the Contempt of Courts Act, 1971, which shall have effect subject to the modification that
(a) any reference therein to a High Court shall be construed as including a reference to the Lokpal;
(b) any reference to the Advocate General in section 15 of the said Act shall be construed as a reference to such law officer as the Lokpal may specify in this behalf:
Provided that such matters shall be heard by a Special Bench consisting of five Members constituted by the Chairperson.
Power of Lokpal to utilise services of officers of Central or State 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 Government or any State Government, as the case may be.
(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (2) may, subject to the direction and control of the Lokpal,
(a) summon and enforce the attendance of any person and examine him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office.
(3) The officer or agency whose services are utilised under sub-section (2) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Lokpal within such period as may be specified by the Lokpal in this behalf.
Provisional attachment of assets.
33. (1) Where the Lokpal or any investigation officer authorised by it in this behalf, has reason to believe, the reason for such belief to be be recorded in writing, on the basis of material in his possession, that
(a) any person is in possession of any proceeds of corruption;
(b) such person is accused of having committed an offence relating to corruption; and
(c) such proceeds of offence are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence, he may, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date of the order, in the manner provided in the Second Schedule to the Income-tax Act, 1961 and the Lokpal shall be deemed to be an officer under sub-rule (e) of rule 1 of that Schedule:
(2) The Lokpal shall, immediately after attachment under" sub-section (1), forward a copy of the order, along with the material in his possession, referred to in that sub-section, to the Special Court, in a sealed envelope, in the manner as may be prescribed and such Court may extend the order of attachment and keep such material for such period as the Court may deem fit
(3) Every order of attachment made under sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed by the Special Court under subsection (2).
(4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) or sub-section (2), from such enjoyment.
Explanation.- For the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property.
Confirmation of attachment of assets.
34. (1) The Lokpal, when it provisionally attaches any property under sub-section (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 proceedings against the public servant in the Special Court.
(2) The Special Court may, if it is of the opinion that the property provisionally attached had been acquired through corrupt means, make an order for confirmation of attachment of such property till the completion of the proceedings against the public servant in the Special Court.
(3) If the public servant is subsequently acquitted of the charges framed against him, the property, subject to the orders of the Special Court, shall be restored to the concerned public servant along with benefits from such property as might have accrued during the period of attachment.
(4) if the public servant is subsequently convicted of the charges of corruption, the proceeds relatable to the offence under the Prevention of Corruption Act, 1988 shall be confiscated and vest in the Central Government free from any encumbrance or leasehold interest excluding
any debt due to any bank or financial institution.
Explanation.- For the purposes of this sub-section, the expressions "bank", "debt" and "financial institution" shall have the meanings
respectively assigned to them in clauses (d), (g) and (h) of section 2 of the Recovery of Debts Due to Banks and Financial institutions Act, 1993.
Power of Lokpal to recommend transfer or suspension of public servant connected with allegation of corruption.
35. (1) Where the Lokpal, while making an inquiry into allegations oft corruption, is prima facie satisfied, on the basis of evidence available, that -
(a) the continuance of the public servant referred to in clause (c) or clause (d) of sub-section (1) of section 17 in his post while conducting the inquiry is likely to affect such inquiry adversely; or
(b) the public servant referred to in clause (a) is likely to destroy or in any way tamper with the evidence or influence witnesses,
then, the Lokpal may recommend to the Central Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order.
(2) The Central Government shall ordinarily accept the recommendation of the Lokpal made under sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible for administrative reasons.
Power of the Lokpal to give directions to prevent destruction of records during inquiry.
36. The Lokpal may, in discharge of its functions under this Act, issue appropriate directions to a public servant entrusted with the preparation prevent or custody of any document or record-
(a) to protect such document or record from destruction or damage;
inquiry; or
(b) to prevent the public servant from altering or secreting such document or record; or
(c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means.
Power to delegate
37. The Lokpal may, by general or special order in writing, and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its Members or officers or employees as may be specified in the order.
CHAPTER IX
SPECIAL COURTS
Special courts to be notified by Central Government.
38. (1) The Central Government shall constitute such number of Special Courts, as recommended by the Lokpal, to hear and decide the cases arising out of the Prevention of Corruption Act, 1988 or under this Act.
(2) The Special Courts constituted under sub-section (1) shall ensure completion of each trial within a period of one year from the date of filing of the case in the Court:
Provided that in case the trial cannot be completed within a period of one year, the Special Court shall record reasons therefore and complete the trial within a further period of not more than three months or such further periods not exceeding three months each, for reasons to be recorded in writing, before the end of each such three month period, but not exceeding a total period of two years.
Letter of request to a contracting state in certain cases.
39. (1) Notwithstanding anything contained in this Act or the Code of Criminal Procedure, 1973 if, in the course of an inquiry or investigation into an offence or other proceeding under this Act, an application is made to a Special Court by the investigation Officer of the Lokpal that any evidence is required in connection with the inquiry or investigation into an offence or proceeding under this Act and he is of the opinion that such evidence may be available in any place in a contracting State, and the Special Court, on being satisfied that such evidence is required in connection with the inquiry or investigation into an offence or proceeding under this Act, may issue a letter of request to a court or an authority in the contracting State competent to deal with such request to-
(i) examine the facts and circumstances of the case;
(ii) take such steps as the Special Court may specify in such letter of request; and
(iii) forward all the evidence so taken or collected to the Special Court issuing such letter of request
(2) The letter of request shall be transmitted in such manner as the Central Government may prescribe in this behalf.
(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be evidence collected during the course of the inquiry or investigation.
CHAPTER X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPAL
Complaints against Chairperson and Members not to be inquired by Lokpal.
40.(1) The Lokpal shall not inquire into any complaint made against the Chairperson or any Member.
(2) Any complaint against the Chairperson or Member shall be made by an application by the party aggrieved, to the President.
(3) The President shall, in case there exists a prima facie case for bias or corruption, make a reference to the Chief Justice of lnclia in such manner as may be prescribed for inquiring into the complaint against the Chairperson or Member.
(4) The President shall decide the action against the Chairperson or Member on the basis of the opinion of the Chief Justice of India and in case 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 sub-section (1) of section 8, remove such Chairperson or Member and also order for initiation of prosecution in case of allegation of corruption.
Complaints against officials of Lokpal.
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, 1988 shall be dealt with in accordance with the provisions of this section.
(2) The Lokpal shall complete the inquiry into the complaint, or allegation made, within a period of thirty days from the date of its receipt.
(3) While making an inquiry into the complaint against any officer or employee of the Lokpal or agency engaged or associated with the Lokpal, if it is prima facie satisfied on the basis of evidence available, that-
(a) continuance of such officer or employee of the Lokpal or agency engaged or associated in his post while conducting the inquiry is likely to affect such inquiry adversely; or
(b) an officer or employee of the Lokpal or agency engaged or associated is likely to destroy or in any way tamper with the evidence or influence witnesses,
then, the Lokpal may, by order, suspend such officer or employee of the Lokpal or divest such agency engaged or associated with the Lokpal of all powers and responsibiiities hereto before exercised by it .
(4) On the completion of the inquiry, if the Lokpal is satisfied that there is prima facie evidence of the commission of an offence under the Prevention of Corruption Act, 1988 or of any wrongdoing, it shall, within a 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 disciplinary proceedings against the official concerned:
Provided that no such order shall be passed without giving such officer or employee of the Lokpal or person, agency engaged or associated, a reasonable opportunity of being heard.
CHAPTER XI
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT
Assessment of loss and recovery thereof by Special Court.
42. If any public servant is convicted of an offence under the Prevention of Corruption Act, 1988 by the Special Court, notwithstanding and without 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 the actions or decisions of such public servant not taken in good faith and for which he stands convicted, and may order recovery of such loss, if possible or quantifiable, from such public servant so convicted:
Provided that if the Special Court, for reasons to be recorded in writing, comes to the conclusion that the loss caused was pursuant to a conspiracy 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 beneficiaries proportionately.
CHAPTER XII
FINANCE, ACCOUNTS AND AUDIT
43. The Lokpal shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Lokpal and forward the same to the Central Government for information.
Grants by Central Government.
44. The Central Government may, after due appropriation made by Parliament bylaw in this behalf, make to the Lokpal grants of such sums of money as are required to be paid for the salaries and allowances payable to the Chairperson and other Members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the Lokpal.
Annual statement of accounts.
45. (1) The Lokpal shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Lokpal shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him.
(3) The Comptroller and Auditor-General of India or any person appointed by him in connection with the audit of the accounts of the Lokpal under this Act shall have the same rights, privileges and authority in connection with such audit, as the Comptroller and Auditor-General of India generally has, in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Lokpal.
(4) The accounts of the Lokpal, as certified by Comptroller and Auditor General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and the Central Government shall cause the same to be laid before each House of Parliament.
Furnishing of returns, etc., to Central Government
46. (1) The Lokpal shall furnish to the Central Government, at such time and in such form and manner as may be prescribed or as the Central Government may request, such returns and statements and such particulars in regard to any matter under the jurisdiction of the Lokpal, as the Central Government may, from time to time, require.
(2) The Lokpal shall prepare, once every year, in such form and at such 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 forwarded to the Central Government.
(3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament.
CHAPTER XIII
DECLARATION OF ASSETS
Declaration of assets.
47. (1) Every public servant shall make a declaration of his assets and liabilities in the manner as provided by or under this Act.
(2) A public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority the information relating to-
(a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries;
(b) his liabilities and that of his spouse and his dependent children.
(3) A public servant holding his office as such, at the time of the commencement of this Act, shall furnish information relating to such assets and liabilities, as referred to in sub-section (2) to the competent authority within thirty clays of the coming into force of this Act.
(4) Every public servant shall file with the competent authority, on or before the 31" July of every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as on the 31" March of that
year.
(5) The information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed.
(6) The competent authority in respect of each office or Department shall ensure that ail such statements are published on the website of such officer or Department by 31" August of that year.
Explanation.- For the purposes of this section, "dependent children" means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood.
Presumption as to acquisition assets by corrupt means in certain cases.
48. lf any public servant wilfully or for reasons which are not justifiable, fails to-
(a) to declare his assets; or
(b) gives misleading information in respect of such assets and is found to be in possession of assets not disclosed or in respect of which misleading information was furnished,
then such assets shall, unless otherwise proved, be presumed to belong to the public servant and shall be presumed to be assets acquired by corrupt means:
Provided that the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceeding such minimum vaiue as may be prescribed.
CHAPTER XIV
CITIZENS' CHARTER
Citizens' charter.
49. (1) Every,-
(a) Ministry or Department or office of the Central Government or any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted or incorporated under an Act of Parliament or wholly or partly financed by the Central Government or controlled by it; and
(b) every other society or association of persons or trust (whether registered or not) wholly or partially financed by the Government or in receipt of any sums under the Foreign Contribution (Regulation) Act or any donation from public,
shall prepare and publish a charter to be known as Citizens' Charter within a period of one year from the commencement of this Act.
(2) The Citizens' Charter referred to in sub-section (1) shall specify to the citizens the commitments
(a) the Ministry or Department or office of the Central Government or any body or Board or corporation or authority or company or society or autonomous body or other society or association of persons or trust referred to in that sub-section;
(b) the officer responsible for meeting such commitment; and
(c) the time within which such commitment shall be complied with along with other relevant details relating to public delivery of services or fulfilment of its objectives.
(3) Every Ministry or Department or office of the Central Government or any body or Board or corporation or authority or company or society or autonomous body or other society or association of persons or trust referred to in sub-section (1) shall designate an officer to be called the Public Grievance Redressal Officer to whom any aggrieved person may file a complaint for non-compliance of the Citizens' Charter:
(4) Every Ministry or Department or office of the Central Government or any body or Board or corporation or authority or company or society or autonomous body or other society or association of persons or trust shall appoint at least one Public Grievance Redressal Officer in each district where it has an office.
(5) Every Ministry or Department or office of the Central Government or any body or Board or corporation or authority or company or society or autonomous body or other society or association of persons or trust referred to in sub-section (1) shall review and revise its Citizens' Charter at least once in a year.
CHAPTER XV
OFFENCES AND PENALTIES
Prosecution for false complaint and payment of compensation, etc., to public servant.
50. (1) Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction, be punished with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than twenty-five thousand rupees but which may extend
to two la kh rupees.
(2) No Court, except a Special Court, shall take cognizance of an offence under sub section (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, frivolous or vexatious complaint was made.
(4) The prosecution in relation to an offence under sub-section (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the Central Government.
(5) in case of conviction of a person [being an individual or society or association of persons or trust (whether registered or not)], for having made a false complaint under this Act, such person shall be liabie to pay compensation to the public servant against whom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Special Court may determine.
False complaint made by society or association of persons or trust.
51. (1) Where any offence under section 50 has been committed by any society or association of persons or trust (whether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the society or association of persons or trust, for the conduct of the business or affairs or activities of the society or association of persons or trust as well as such society or association of persons or trust shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a society or association of 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 attributable to any neglect on the part of, any director, 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 punished accordingly.
CHAPTER XVI
MISCELLANEOUS
Protection of action taken in good faith by any public servant.
52. No suit, prosecution or other legal proceedings under this Act shall lie against any public servant, in respect of anything which is clone in good faith or intended to be done in the discharge of his official functions or in exercise of his powers.
Protection of action taken in good faith by others.
53. No suit, prosecution or other legal proceedings shall lie against the Lokpal or against any officer, employee, agency or any person, in respect of anything which is done in good faith or intended to be done under this Act.
Members, officers and employees of Lokpal to be public servants.
54. The Chairperson, Members, officers and other employees of the Lokpal shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.
Bar of jurisdiction.
55. No civil court shall have jurisdiction in respect of any matter which the Lokpal is empowered by or under this Act to determine.
Act to have overriding effect.
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 other than this Act.
Provision of this Act to be in addition to other laws.
57. The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
Amendment of certain enactments.
58. The enactments specified in the Second Schedule shall be amended in the manner specified therein.
Power to make rules.
59. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(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) the term of the search committee, fee and allowances payable to its members and the manner of selection of panel of names under subsection (5) of section 4; -
(b) the procedure of inquiry into misbehaviour for removal of the Chairperson or any other Member under sub-section (1) of section 8;
(c) the post or posts in respect of which the appointment shall be made after consultation with the Union Public Service Commission under the proviso to sub-section (1) of section 11;
(d) other matters for which the Lokpal shall have the powers of a civil court under clause (vi) of sub-section (1) of section 30;
(e) the manner of sending the order of attachment along with the material to the Special Court under sub-section (2) of section 33;
(f) the manner of transmitting the letter of request under subsection (2) of section 39;
(g) the manner of making reference to the Chief Justice of India under sub-section (3) of section 40;
(h) the form and the time for preparing in each financial year the budget for the next financial year, showing the estimated receipts and expenditure of the Lokpal under section 43;
(i) the form for maintaining the accounts and other relevant records and the form of annual statement of accounts under sub-section (1) of
section 45;
(j) the form and manner and the time for preparing the returns and statements along with particulars under sub-section (1) of section 46;
(k) the form and the time for preparing an annual report giving a summary of its activities during the previous year under sub-section (2) of section 46;
(l) the form of annual return to be filed by a public servant under sub-section (5) of section 47;
(m) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 48;
(n) any other matter which is to be or may be prescribed.
Power of Lokpal to make regulations.
60. (1) Subject to the provisions of this Act and the rules made there under, the Lokpal may, by notification in the Official Gazette, make regulations to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
(a) the conditions of service of the secretary and other officers and 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 President under sub-section (2) of section 11;
(b) the place of sittings of benches of the Lokpal under clause (f) of sub-section (1) of section 19;
(c) the manner for displaying on the website of the Lokpal, the status of all complaints pending or disposed of along with records and evidence with reference thereto under sub-secti0n (13) of section 23;
(d) the manner and procedure of conducting an inquiry or investigation under sub-section (15) of section 23;
(e) any other matter which is required to be, or may be, specified under this Act.
Laying of rules and regulations.
61. Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the ruie or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
Power to remove difficulties.
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, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
THE FIRST SCHEDULE
[See section 3(5)]
I, A.B...................... having been appointed Chairperson (or a Member) of the Lokpal, do swear in the name of God / solemnly affirm that l will bear true faith and allegiance to the Constitution of India as by law established, that l will duly faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or ill-will.
THE SECOND SCHEDULE
[See section 58]
AMENDMENT TO CERTAIN ENACTMENTS
PART I
AMENDMENT TO THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946
(25 of 1946)
Amendment of Section 6A
In section 6A, for the words "The Delhi Special Police Establishment", the words "Save as otherwise provided in the Lokpal Act, 2011, the Delhi Sec Special Police Establishment" shall be substituted.
PART II
AMENDMENT TO THE COMMISSIONS OF INQUIRY ACT, 1952
(60 of 1952)
In section 3, in sub-section (1), for the words "The appropriate Government may", the words, brackets and figures "Save as otherwise provided in the Lokpal Act, 2011, the appropriate Government may" shall be substituted.
PART III
AMENDMENT TO THE PREVENTION OF CORRUPTION ACT, 1988
(49 of1988)
1. In section 13, in sub-section (2), for the words "seven years", the words "ten years" shall be substituted;
2. In section 14, for the words "seven years", the words "ten years" shall be substituted;
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.
PART IV
AMENDMENT TO THE CODE OF CRIMINAL PROCEDURE, 1973
(2 of 1974)
In section 197, after the words "except with the previous sanction", the words "save as otherwise provided in the Lokpal Act, 2011" shall be inserted.
The Jan Lokpal Bill 2011
Full text: Civil society's Lokpal Bill draft
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 government's 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 citizen's 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 citizen's 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) This Act may be called the Jan Lokpal Act, 2011.
(2) 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) "Board" means the Chairman and the other members of the Lokpal Collectively.
(b) "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) Any officer or employee performing under this Act,
(iii) 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 citizen's 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) "Judicial officer" means the officers appointed under section 22 of this Act.
(j) "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) by or under the Constitution; or
ii) 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) physical harm, or
(iii) 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) The Leader of the Opposition in the Lok Sabha
(iii) 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) The Chief Election Commissioner of India
(vi) The Comptroller & Auditor General of India
(vii) 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.
(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) if he holds any office or profit, resign from such office; or
(ii) if he is carrying on any business, sever his connection with the conduct and management of such business; or
(iii) if he is practicing any profession, suspend practice of such profession, or
(iv) 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.
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
Powers and functions of the Lokpal and its officers
Functions of Lokpal:
6. The Lokpal shall have the following functions and powers
a) 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) to receive complaints from whistle blowers.
j) to receive complaints against any officer or staff of Lokpal.
k) to recruit investigating officers and other officers and staff and get them trained in modern methods of scientific investigation.
(l) to appoint judicial officers, prosecutors and senior counsels.
(m) to acquire modern equipment necessary for proper investigation.
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.
(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) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or other documents; and
(f) any other matter which may be prescribed
(3) 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 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:
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). No act or proceeding of the Lokpal shall be invalid merely by reason of :
(a) any vacancy in, or any defect in the constitution of Lokpal ;
(b) any defect in the appointment of a person acting as a member of Lokapl ; or
(c) 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.
(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) that he has been guilty of misbehavior; or
(b) that he is unfit to continue in his office by reason of infirmity of mind or body; or
(c) is adjudged an insolvent; or
(d) 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.
(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
(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) The Chief Justice of the High Court of the State;
ii) The Chairman of the State Lok Ayukata
iii) The Chairman of the State Human Rights Commission
(3) 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.
(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) The Prime Minister and any other member of the Council of Ministers
ii) Any judge of the Supreme Court or any High Court
iii) Any Member of the Parliament
Chapter VIII
Powers of Lokpal to make regulations
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
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.
(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 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 company's 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
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 authority's 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 citizen's charter within a year, Lokpal shall notify the citizen's 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 citizen's 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 de signated 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 day's 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.
(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 citizen's 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 Lokpal's budget in such a manner that it is less than ¼ % of the total revenues of the Government of India.
(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
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.
(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.
(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) Such fines shall be recoverable as dues under Land Revenue Act.
(3) A complaint or allegation once made under this Act shall not be allowed to be withdrawn.
Provisions to prevent corruption:
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 public-private 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:
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)
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