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	<title>Bellwort Technologies Pvt. Ltd.</title>
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		<title>Apple CEO Steve Jobs&#8217; biography</title>
		<link>http://bellwort.wordpress.com/2011/08/25/apple-ceo-steve-jobs-biography/</link>
		<comments>http://bellwort.wordpress.com/2011/08/25/apple-ceo-steve-jobs-biography/#comments</comments>
		<pubDate>Thu, 25 Aug 2011 08:52:43 +0000</pubDate>
		<dc:creator>Bellwort Technologies Pvt. Ltd.</dc:creator>
				<category><![CDATA[Internet Era]]></category>

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		<description><![CDATA[The founder and CEO of world&#8217;s most valuable tech company, Apple Computer Inc, Steve Jobs stepped down from his post. Jobs decision to resign from the post of Apple CEO has stunned the tech world and raised serious question over his health. Steve Jobs is a cancer survivor. He had founded Apple Computer Inc Company [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=bellwort.wordpress.com&amp;blog=11492305&amp;post=852&amp;subd=bellwort&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>The founder and CEO of world&#8217;s most valuable tech company, Apple Computer Inc, Steve Jobs stepped down from his post.</p>
<p>Jobs decision to resign from the post of Apple CEO has stunned the tech world and raised serious question over his health.</p>
<p>Steve Jobs is a cancer survivor. He had founded Apple Computer Inc Company at the age of 21.</p>
<p>According to the company press release, Chief Operating Officer Tim Cook has replaced Jobs as CEO. However, Jobs has been elected as the chairman of the company&#8217;s board of directors.</p>
<p>I his resignation message, Jobs said that he has always maintained that there ever a day come when he would not carry out his duties as Apple CEO and unfortunately that day has come.</p>
<p>Meanwhile, there is a adverse effect of his resignation on Compnay’s share. Only hours after the announcement, Apple Inc. (AAPL) shares dropped 5 percent.</p>
<p>Steve Jobs’ Biography:</p>
<p>Steven Paul popularly known as &#8220;Steve&#8221; Jobs is an American business magnate and inventor. Born on February 24, 1955 in San Francisco, California, he was adopted by Paul and Clara Jobs.</p>
<p>Steve Jobs founded world&#8217;s most influential Tech Company Apple Inc at the age of 21. Jobs also served as chief executive of Pixar Animation Studios. He was also appointed as the member of the board of directors of The Walt Disney Company in 2006 following Pixar&#8217;s acquisition.</p>
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		<title>Steve Jobs&#8217; Resignation Letter</title>
		<link>http://bellwort.wordpress.com/2011/08/25/steve-jobs-resignation-letter/</link>
		<comments>http://bellwort.wordpress.com/2011/08/25/steve-jobs-resignation-letter/#comments</comments>
		<pubDate>Thu, 25 Aug 2011 03:20:13 +0000</pubDate>
		<dc:creator>Bellwort Technologies Pvt. Ltd.</dc:creator>
				<category><![CDATA[Internet Era]]></category>

		<guid isPermaLink="false">http://bellwort.wordpress.com/?p=847</guid>
		<description><![CDATA[“To the Apple Board of Directors and the Apple Community: I have always said if there ever came a day when I could no longer meet my duties and expectations as Apple’s CEO, I would be the first to let you know. Unfortunately, that day has come. I hereby resign as CEO of Apple. I [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=bellwort.wordpress.com&amp;blog=11492305&amp;post=847&amp;subd=bellwort&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>“To the Apple Board of Directors and the Apple Community:</p>
<p>I have always said if there ever came a day when I could no longer meet my duties and expectations as Apple’s CEO, I would be the first to let you know. Unfortunately, that day has come.</p>
<p>I hereby resign as CEO of Apple. I would like to serve, if the Board sees fit, as Chairman of the Board, director and Apple employee.</p>
<p>As far as my successor goes, I strongly recommend that we execute our succession plan and name Tim Cook as CEO of Apple.</p>
<p>I believe Apple’s brightest and most innovative days are ahead of it. And I look forward to watching and contributing to its success in a new role.</p>
<p>I have made some of the best friends of my life at Apple, and I thank you all for the many years of being able to work alongside you. Steve”</p>
<p>Source: Apple Inc.</p>
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		<title>Q&amp;A: Arvind Kejriwal, Civil society activist</title>
		<link>http://bellwort.wordpress.com/2011/08/24/qa-arvind-kejriwal-civil-society-activist/</link>
		<comments>http://bellwort.wordpress.com/2011/08/24/qa-arvind-kejriwal-civil-society-activist/#comments</comments>
		<pubDate>Wed, 24 Aug 2011 13:14:52 +0000</pubDate>
		<dc:creator>Bellwort Technologies Pvt. Ltd.</dc:creator>
				<category><![CDATA[Lok Pal Bill]]></category>

		<guid isPermaLink="false">http://bellwort.wordpress.com/?p=844</guid>
		<description><![CDATA[Arvind Kejriwal, civil society activist and member of the drafting committee of the Jan Lok Pal Bill, in an interview with Akshat Kaushal, says he is opposed to a weak Lok Pal Bill. Edited excerpts: Finance Minister Pranab Mukherjee says the civil society cannot dictate terms to Parliament by setting a deadline for the enactment [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=bellwort.wordpress.com&amp;blog=11492305&amp;post=844&amp;subd=bellwort&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>Arvind Kejriwal, civil society activist and member of the drafting committee of the Jan Lok Pal Bill, in an interview with Akshat Kaushal, says he is opposed to a weak Lok Pal Bill. Edited excerpts:</p>
<p>Finance Minister Pranab Mukherjee says the civil society cannot dictate terms to Parliament by setting a deadline for the enactment of the Lok Pal Bill. Are you stepping in the shoes of the legislature?<br />
The parliamentarians cannot become dictators just because they have been elected. They are not paying any attention to what the Opposition is saying. The question is to what extent does the government believe in parliamentary democracy. The government doesn’t have the licence to loot just because they have won the elections.</p>
<p>Will you accept a Lok Pal Bill which does not have the powers to take actions against the prime minister?<br />
We will not accept a weak Bill that would not have the powers to take action against the prime minister. We will continue fighting for a strong Bill.<br />
Pranab Mukherjee has alleged Anna Hazare is backed by the Rashtriya Swayamsevak Sangh (RSS). What is your reaction?<br />
It is unfortunate that Pranab Mukherjee is talking like that. It seems he wants to do cheap politics. If he thinks Anna Hazare is backed by the RSS or the Bharatiya Janata Party (BJP), why doesn’t he give proof of this?</p>
<p>If you find the government’s attitude disappointing, why are you not resigning from the drafting committee?<br />
They want us to get out, but we will continue our fight. We hope the government will listen to us. If the government decides not to listen, we would take to the streets again.</p>
<p>Do you think the government has double standards for activists of the National Advisory Council (NAC) and the Lok Pal Bill?<br />
I don’t want to compare the Lok Pal Bill with the NAC.</p>
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		<title>THE LOKPAL BILL, 2011 ARRANGEMENT OF CLAUSES</title>
		<link>http://bellwort.wordpress.com/2011/08/24/the-lokpal-bill-2011-arrangement-of-clauses/</link>
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		<pubDate>Wed, 24 Aug 2011 13:13:32 +0000</pubDate>
		<dc:creator>Bellwort Technologies Pvt. Ltd.</dc:creator>
				<category><![CDATA[Lok Pal Bill]]></category>

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		<description><![CDATA[DRAFT LOKPAL BILL 21 ST 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 [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=bellwort.wordpress.com&amp;blog=11492305&amp;post=842&amp;subd=bellwort&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>DRAFT LOKPAL BILL<br />
21<br />
ST<br />
 June, 2011<br />
04:00PM<br />
THE LOKPAL BILL, 2011<br />
ARRANGEMENT OF CLAUSES<br />
CHAPTER I<br />
PRELIMINARY<br />
1. Short title and commencement.<br />
2. Definitions.<br />
CHAPTER II<br />
ESTABLISHMENT OF LOKPAL<br />
3. Establishment of Lokpal.<br />
4. Appointment of chairperson and other Members and Selection Committee.<br />
5. Filling of vacancies of Chairperson or other Members.<br />
6. Term of office and other conditions of service of Chairperson and Members.<br />
7. Salary, allowances and other conditions of service of Chairperson and Members.<br />
8. Removal and suspension of Chairperson and other Member of Lokpal.<br />
9. Restriction on employment by Chairperson and Members after ceasing to hold office.<br />
10. Member to act as Chairperson or to discharge his functions in certain circumstances.<br />
11. Secretary, other Officers and staff of Lokpal.<br />
CHAPTER III<br />
INVESTIGATION WING<br />
12. Investigation Wing.<br />
13. Investigation officer to have powers of police.<br />
14. Investigation officer to inquire on direction of Lokpal.<br />
CHAPTER IV<br />
PROSECUTION WING<br />
15. Appointment of Prosecution Director.<br />
CHAPTER V<br />
EXPENSES OF INSTITUTION OF LOKPAL TO BE CHARGED ON<br />
CONSOLIDATED FUND OF INDIA<br />
16. Expenses of Lokpal to be charged on Consolidated Fund of India.<br />
CHAPTER VI<br />
JURISDICTION IN RESPECT OF INQUIRY<br />
17. Jurisdiction of Lokpal.<br />
18. Matters pending before any court or committee or authority before inquiry before Lokpal not to be<br />
affected.&nbsp;&nbsp;<br />
19. Constitution of benches of Lokpal.<br />
20. Distribution of business amongst Benches&nbsp;&nbsp;<br />
21. Power of Chairperson to transfer cases&nbsp;&nbsp;<br />
22. Decision to be by majority.&nbsp;&nbsp;<br />
CHAPTER VII<br />
PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION<br />
23. Provisions relating to complaints and inquiry and investigation.<br />
24. Persons likely to be prejudicially affected to be heard.<br />
25. Lokpal may require any public servant or any other person to furnish information, etc.<br />
26. Previous sanction not necessary for investigation and initiating prosecution by Lokpal in certain cases.<br />
27. Action on inquiry in relation to public servants not being minsters or Members of Parliament.<br />
28. Action on inquiry against public servant being ministers or Members of Parliament.<br />
CHAPTER VIII<br />
POWERS OF LOKPAL<br />
29. Search and seizure.<br />
30. Lokpal to have powers of civil court in certain cases.<br />
31. Power to punish for contempt.<br />
32. Power of Lokpal to utilise services of officers of Central or State Government.<br />
33. Provisional attachment of assets.DRAFT LOKPAL BILL<br />
21<br />
ST<br />
 June, 2011<br />
04:00PM<br />
34. Confirmation of attachment of assets.<br />
35. Power of Lokpal to recommend discontinuance of activity connected with allegation of corruption.<br />
36. Power of Lokpal to give directions to prevent destruction of records during inquiry.<br />
37. Power to delegate.<br />
CHAPTER IX<br />
SPECIAL COURTS<br />
38. Special Courts to be notified by Central Government.<br />
39. Letter of request to a contracting State in certain cases.<br />
CHAPTER X<br />
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPAL<br />
40. Complaints against Chairperson and Members not to be inquired by Lokpal.<br />
41. Complaints against officials of Lokpal.<br />
CHAPTER XI<br />
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT<br />
42. Assessment of loss and recovery thereof by Special Court.<br />
CHAPTER XII<br />
FINANCE, ACCOUNTS AND AUDIT<br />
43. Budget.<br />
44. Grants by Central Government.<br />
45. Annual statement of accounts.<br />
46. Furnishing of returns, etc., to Central Government.<br />
CHAPTER XIII<br />
DECLARATION OF ASSETS<br />
47. Declaration of assets.<br />
48. Presumption as to acquisition of assets by corrupt means in certain cases.<br />
CHAPTER XIV<br />
CITIZENS’ CHARTER<br />
49. Citizens’ charter.<br />
CHAPTER XV<br />
OFFENCES AND PENALTIES<br />
50. Prosecution for false complaint and payment of compensation, etc., to public servant.<br />
51. False complaint made by society or association of persons or trust.<br />
CHAPTER XVI<br />
MISCELLANEOUS<br />
52. Protection of action taken in good faith by any public servant.<br />
53. Protection of action taken in good faith by others.<br />
54. Members, officers and employees of Lokpal to be public servants.<br />
55. Bar of Jurisdiction.<br />
56. Act to have overriding effect.<br />
57. Provision of this Act to be in addition of other laws.<br />
58. Amendment of certain enactments.<br />
59. Power to make rules.<br />
60. Power of Lokpal to make regulations.<br />
61. Laying of rules and regulations.<br />
62. Power to remove difficulties.<br />
THE FIRST SCHEDULE<br />
THE SECOND SCHEDULEDRAFT LOKPAL BILL<br />
21<br />
ST<br />
 June, 2011<br />
04:00PM<br />
THE LOKPAL BILL, 2011<br />
A<br />
BILL<br />
to provide for the establishment of the institution of Lokpal to inquire into<br />
allegations of corruption against certain public functionaries and for<br />
matters connected therewith.<br />
WHEREAS the Constitution of India established a democratic Republic to<br />
ensure justice for all;<br />
AND&nbsp; &nbsp; WHEREAS good governance is the bedrock of democracy and the<br />
guarantee of development as a right of the citizen;<br />
AND WHEREAS Parliament has progressively and incrementally<br />
contributed to the body of law to fulfil the aspirations of the citizens of<br />
India;<br />
AND WHEREAS various institutions of governance as well as democratic<br />
institutions have worked to strengthen participatory democracy;<br />
AND WHEREAS the rapid growth of democratic and economic institutions<br />
have brought new challenges of accountability and integrity in the course<br />
of governance;<br />
AND WHEREAS graft and corruption have become a serious menace to<br />
society and governance;<br />
AND WHEREAS serious concerns have been expressed about the grave<br />
consequences of corruption in high places;<br />
AND WHEREAS India is a signatory to the United Nations Convention<br />
Against Corruption;<br />
AND WHEREAS the country’s commitment to clean and responsive<br />
governance has to be reflected in an effective institution to contain and<br />
punish acts of corruption;<br />
NOW, THEREFORE, it is expedient to provide for prompt and fair<br />
investigation and prosecution of cases of corruption.&nbsp;&nbsp;DRAFT LOKPAL BILL<br />
21<br />
ST<br />
 June, 2011<br />
04:00PM<br />
BE it enacted by Parliament in the Sixty‐second Year of the Republic of<br />
India as follows:—<br />
CHAPTER I<br />
PRELIMINARY<br />
1. (1) This Act may be called the Lokpal Act, 2011.&nbsp; &nbsp;<br />
(2) It shall come into force on such date as the Central Government<br />
may, by notification in the Official Gazette, appoint; and different dates<br />
may be appointed for different provisions of this Act and any reference in<br />
any provision to the commencement of this Act shall be construed as<br />
reference to the coming into force of that provision.&nbsp;&nbsp;&nbsp;&nbsp;<br />
Short title and<br />
commencement.<br />
2. (1) In this Act, unless the context otherwise requires,— Definitions.<br />
(a) &#8220;Bench&#8221; means a Bench of the Lokpal;<br />
(b) “Chairperson” means the Chairperson of the Lokpal;<br />
(c) “competent authority”, in relation to—<br />
(i) a member of the Council of Ministers, means the Prime<br />
Minister;<br />
(ii) a member of Parliament other than a Minister means the<br />
Council of States in the case of a member of that Council and the<br />
House of the People in the case of a member of that House;<br />
(iii) an officer in the Ministry or Department of the Central<br />
Government means the Minister in charge of the Ministry or<br />
Department under which such officer is serving;<br />
(iv) a chairperson or members of any body, or Board or<br />
corporation or authority or company or society or autonomous<br />
body (by whatever name called) established or constituted under an<br />
Act of Parliament or wholly or partly financed by the Central<br />
Government or controlled by it means the Minister in charge of the<br />
administrative Ministry of such body, or Board or corporation or<br />
authority or company or society or autonomous body;<br />
(v) an officer of any body or Board or corporation or authority or<br />
company or society or autonomous body (by whatever name called)<br />
established or constituted under an Act of Parliament or wholly or<br />
partly financed by the Central Government or controlled by it means<br />
the head of such body&nbsp; &nbsp; or Board or corporation or authority or<br />
company or society or autonomous body;<br />
(d) “complaint” means a complaint alleging that a public servant has<br />
committed an offence punishable under the Prevention of Corruption<br />
Act, 1988;<br />
(e) “inquiry” means every inquiry conducted under this Act by the<br />
Lokpal;&nbsp;&nbsp;<br />
(f) “Judicial Member” means a Judicial Member of the Lokpal<br />
appointed as such;<br />
49 of 1988.DRAFT LOKPAL BILL<br />
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(g) “Lokpal” means the institution established under section 3;<br />
(h) “Member” means a Member of the Lokpal;<br />
(i) “Minister” means an Union Minister but does not include the<br />
Prime Minister;<br />
(j) “notification” means notification published in the Official Gazette and<br />
the expression “notify” shall be construed accordingly;<br />
(k) “prescribed” means prescribed by rules made under this Act;<br />
(l) “public servant” means a person referred to in clauses (a) to (e)<br />
of sub‐section (1) of section 17;<br />
(m) “regulations” means regulations made under this Act;<br />
(n) “Schedule” means a Schedule to this Act;<br />
(o) “Special Court” means a Special Court appointed under sub‐<br />
section (1) of section 3 of the Prevention of Corruption Act, 1988.<br />
49 of 1988.<br />
(2) Words and expressions used herein and not defined in this Act<br />
but defined in the Prevention of Corruption Act, 1988, shall have the<br />
meanings respectively assigned to them in that Act.<br />
CHAPTER II<br />
ESTABLISHMENT OF LOKPAL<br />
3. (1) As from the commencement of this Act, there shall be<br />
established, for the purpose of making inquiries in respect of complaints<br />
made under this Act, an institution to be called the “Lokpal”.<br />
(2) The Lokpal shall consist of—&nbsp;&nbsp;<br />
(a) a Chairperson; and<br />
(b) ten Members, out of whom at least four shall be Judicial<br />
Members.<br />
Establishment of<br />
Lokpal.<br />
(3) A person shall be eligible to be appointed,—<br />
(a) as the Chairperson or a Member if he is a person of impeccable<br />
integrity, outstanding ability and standing having special knowledge of,<br />
and professional experience of not less than twenty‐five years in, public<br />
affairs, administrative law and policy, academics, commerce and<br />
industry, law, finance or management;<br />
(b) as a Judicial Member if he is or has been a Chief Justice of a High<br />
Court or a Judge of the Supreme Court.<br />
(4) The Chairperson or a Member shall not be a member of Parliament<br />
or a member of the Legislature of any State or Union territory and shall not<br />
hold any office of trust or profit (other than his office as the Chairperson or<br />
a Member) or be connected with any political party or carry on any<br />
business or practise any profession and accordingly, before he enters upon<br />
his office, a person appointed as the Chairperson or a Member, as the case<br />
may be, shall, if –<br />
(a) he is a member of Parliament or of the Legislature of any StateDRAFT LOKPAL BILL<br />
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or Union territory, resign from such membership; or<br />
(b) he holds any office of trust or profit, resign from such office; or<br />
(c) he is connected with any political party, sever his connection<br />
with it; or<br />
(d) he is carrying on any business, sever his connection with the<br />
conduct and management of such business; or<br />
(e) he is practicing any profession, cease to practise such<br />
profession.&nbsp;&nbsp;&nbsp;<br />
(5) The Chairperson and every Member shall, before entering upon his<br />
office, make and subscribe before the President an oath or affirmation in<br />
the form set out in the First Schedule.<br />
Appointment of<br />
Chairperson<br />
and other<br />
Members and<br />
Selection<br />
Committee.<br />
4. (1) The Chairperson and Members shall be appointed by the<br />
President after obtaining the recommendations of a Selection Committee<br />
consisting of—<br />
(a)&nbsp;&nbsp;the Prime Minister&nbsp;&nbsp;&nbsp;&nbsp;— chairperson;<br />
(b) the Speaker of the House of the People&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;—member;<br />
(c) the Leader of the House other than the House in which the<br />
Prime Minister is a Member of Parliament&nbsp;&nbsp;—member;<br />
(d) the Minister in‐charge of the Ministry of Home Affairs in the<br />
Government of India&nbsp;&nbsp;&nbsp;—member;<br />
(e) the Leader of the Opposition in the House of the People—<br />
member;<br />
(f) the Leader of the Opposition in the Council of States — member:<br />
Provided that in case, there is no Leader of Opposition in the House<br />
of the People or the Council of States, the leader of the single largest<br />
group or party in opposition to the Government, as the case may be, in<br />
such House or Council shall be deemed to be a member of the<br />
Committee specified in clause (e) or clause (f), as the case may be:<br />
(g) one sitting Judge of the Supreme Court to be nominated by the<br />
Chief Justice of India—member;<br />
(h) one sitting Chief Justice of a High Court to be nominated by the<br />
Chief Justice of India—member;<br />
(i) the President of the National Academy of Sciences, India, being a<br />
society registered under the Societies Registration Act, 1860 or the<br />
senior most National Professor — member;<br />
(j) Cabinet Secretary—secretary.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<br />
(2) No appointment of a Chairperson or a Member shall be invalid<br />
merely by reason of any vacancy in the Committee.<br />
21 of 1860.<br />
(3) The Selection Committee may, if it considers necessary for the<br />
purposes of selecting the Chairperson and other members of the Lokpal<br />
and for preparing a panel of persons to be considered for appointment asDRAFT LOKPAL BILL<br />
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such, constitute a Search Committee consisting of such persons of<br />
impeccable integrity and outstanding ability and standing having special<br />
knowledge of, and professional experience of not less than twenty‐five<br />
years in, public affairs, administrative law and policy, academics,<br />
commerce and industry, law, finance, management, or in any other matter<br />
which in the opinion of the Selection Committee, may be useful in making<br />
selection of Chairperson and other Members of the Lokpal.<br />
(4) The Selection Committee shall regulate its own procedure for<br />
selecting the Chairperson and Members of the Lokpal which shall be<br />
transparent.<br />
(5) The term of the search committee referred to in sub‐section (3) and<br />
fee and allowances payable to the members of the search committee and<br />
the manner of selection of panel of names shall be such as may be<br />
prescribed.<br />
Filling of<br />
vacancies of<br />
Chairperson or<br />
other<br />
Members.<br />
5. The President shall take or cause to be taken all necessary steps for<br />
the appointment of a new Chairperson and other Members at least three<br />
months before the expiry of the term of such Chairperson or Member, as<br />
the case may be, in accordance with the procedure laid down in this Act.<br />
Term of office<br />
of Chairperson<br />
and Members.<br />
6. The Chairperson and every other Member shall, on the<br />
recommendations of the Selection Committee, be appointed by the<br />
President by warrant under his hand and seal and hold office as such for a<br />
term not exceeding five years from the date on which he enters upon his<br />
office or until he attains the age of seventy years, whichever is earlier:<br />
Provided that he may—<br />
(a) by writing under his hand addressed to the President, resign his<br />
office; or<br />
(b) be removed from his office in the manner provided in section 8.<br />
Salary,<br />
allowances and<br />
other<br />
conditions of<br />
service of<br />
Chairperson<br />
and Members.<br />
7. The salary, allowances and other conditions of service of—&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<br />
(i) the Chairperson shall be the same as those of the Chief Justice of<br />
India;<br />
(ii) other Members shall be the same as those of a Judge of the<br />
Supreme Court:<br />
Provided that if the Chairperson or a Member is, at the time of his<br />
appointment, in receipt of pension (other than disability pension) in<br />
respect of any previous service under the Government of India or under<br />
the Government of a State, his salary in respect of service as the<br />
Chairperson or, as the case may be, as a Member, be reduced—<br />
(a) by the amount of that pension; and&nbsp;&nbsp;<br />
(b) if he has, before such appointment, received, in lieu of a portion<br />
of the pension due to him in respect of such previous service, the<br />
commuted value thereof, by the amount of that portion of the pension:<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Provided further that the salary, allowances and&nbsp; &nbsp; &nbsp;pension payable<br />
to, and other conditions of service of, the Chairperson or a Member shallDRAFT LOKPAL BILL<br />
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not be varied to his disadvantage after his appointment.<br />
Removal and<br />
suspension of<br />
Chairperson<br />
and other<br />
Member of<br />
Lokpal.<br />
8. (1) Subject to the provisions of sub‐section (3), the Chairperson or<br />
any other Member shall be removed from his office by order of the<br />
President on grounds of misbehaviour after the Supreme Court, on a<br />
reference being made to it by the President, has, on inquiry held in<br />
accordance with the procedure prescribed in that behalf, reported that the<br />
Chairperson or such other Member, as the case may be, ought on any such<br />
ground to be removed.<br />
(2) The President may suspend from office the Chairperson or any<br />
other Member in respect of whom a reference has been made to the<br />
Supreme Court under sub‐section (1) until the President has passed orders<br />
on receipt of the report of the Supreme Court on such reference.<br />
(3) Notwithstanding anything contained in sub‐section (1), the<br />
President may by order remove from the office the Chairperson or any<br />
other Member if the Chairperson or such other Member, as the case may<br />
be,—<br />
(a) is adjudged an insolvent; or&nbsp;&nbsp;<br />
(b) engages during his term of office in any paid employment<br />
outside the duties of his office; or&nbsp;&nbsp;<br />
(c) is, in the opinion of the President, unfit to continue in office by<br />
reason of infirmity of mind or body.<br />
(4) If the Chairperson or any other Member is or becomes in any way<br />
concerned or interested in any contract or agreement made by or on<br />
behalf of the Government of India or the Government of a State or<br />
participates in any way in the profit thereof or in any benefit or<br />
emolument arising therefrom otherwise than as a member and in common<br />
with the other members of an incorporated company, he shall, for the<br />
purposes of sub‐section (1), be deemed to be guilty of misbehaviour.<br />
Restriction on<br />
employment by<br />
Chairperson<br />
and Members<br />
after ceasing to<br />
hold office.<br />
9. (1) On ceasing to hold office, the Chairperson and every other<br />
Member shall be ineligible for—<br />
(i) re‐appointment as the Chairperson or a Member of the Lokpal;<br />
(ii) any diplomatic assignment, appointment as administrator of a<br />
Union territory and such other assignment or appointment which is<br />
required by law to be made by the President by warrant under his hand<br />
and seal;&nbsp;&nbsp;<br />
(iii) further employment to any other office of&nbsp; &nbsp; profit under the<br />
Government of India or the Government of a State;<br />
(iv) contesting any election of President or Vice President or Member of<br />
either House of Parliament or Member of either House of State Legislature<br />
or Municipality or Panchayat.<br />
(2) Notwithstanding anything contained in sub‐section (1), a Member<br />
shall be eligible to be appointed as a Chairperson, if his total tenure as<br />
Member and Chairperson does not exceed five years.DRAFT LOKPAL BILL<br />
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Member to act<br />
as Chairperson<br />
or to discharge<br />
his functions in<br />
certain<br />
circumstances.<br />
10. (1) In the event of the occurrence of any vacancy in the office of<br />
Chairperson by reason of his death, resignation or otherwise, the President<br />
may, by notification, authorise the senior‐most Member to act as the<br />
Chairperson until the appointment of a new Chairperson to fill such<br />
vacancy.<br />
(2) When the Chairperson is unable to discharge his functions owing to<br />
absence on leave or otherwise, the senior‐most Member available, as the<br />
President may, by notification, authorise in this behalf, shall discharge the<br />
functions of the Chairperson until the date on which the Chairperson<br />
resumes his duties.<br />
Secretary, other<br />
Officers and<br />
staff of Lokpal.<br />
11. (1) The appointment of secretary and other officers and staff of the<br />
Lokpal shall be made by the Chairperson or such other Member or officer<br />
of Lokpal as the Chairperson may direct:<br />
Provided that the President may by rule require that the appointment<br />
in respect of any post or posts as may be specified in the rule, shall be<br />
made after consultation with the Union Public Service Commission.<br />
(2) Subject to the provisions of any law made by Parliament, the<br />
conditions of service of secretary and other officers and staff of the Lokpal<br />
shall be such as may be specified by regulations made by the Lokpal for the<br />
purpose:<br />
Provided that the regulations made under this sub‐section shall, so far<br />
as they relate to salaries, allowances, leave or pensions, require the<br />
approval of the President.<br />
CHAPTER III<br />
INVESTIGATION WING<br />
Investigation<br />
Wing.<br />
12. Notwithstanding anything contained in any law for the time being<br />
in force, the Lokpal shall constitute an Investigation Wing for the purpose<br />
of conducting investigation of any offence alleged to have been committed<br />
by a public servant punishable under the Prevention of Corruption Act,<br />
1988:<br />
49 of 1988.<br />
Provided that till such time the Investigation Wing is constituted by<br />
the Lokpal, the Central Government shall make available such number of<br />
investigation officers and other staff from such of its Ministries or<br />
Departments, as may be required by the Lokpal, for carrying out<br />
investigation under this Act.<br />
Investigation<br />
officer to have<br />
powers of<br />
police.<br />
13. (1) No investigation shall be made by an investigation officer of<br />
the Investigation Wing below the rank of a Deputy Superintendent of<br />
Police or by any other officer of equivalent rank.<br />
(2) The investigation officers of the Investigation Wing shall have in<br />
relation to the investigation of such offences, all the powers, duties,<br />
privileges and liabilities which police officers have in connection with the<br />
investigation of such offences.<br />
Investigation<br />
officer to<br />
inquire on<br />
direction of<br />
14. (1) The Lokpal may, before holding any inquiry under this Act,&nbsp;&nbsp;by an<br />
order, require the investigation officer of its Investigation Wing to make, or<br />
cause to be made, a preliminary investigation in such manner as it mayDRAFT LOKPAL BILL<br />
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Lokpal.&nbsp;&nbsp;<br />
direct and submit a report to the Lokpal, within such time as may be<br />
specified by the Lokpal, to enable it to satisfy itself as to whether or not<br />
the matter requires to be inquired into by the Lokpal.<br />
(2) The investigation officer on receipt of an order under sub‐section (1)<br />
shall complete the investigation and submit his report within the time<br />
specified under that sub‐section.<br />
CHAPTER IV<br />
PROSECUTION WING<br />
Appointment of<br />
Prosecution<br />
Director.&nbsp;&nbsp;<br />
15. (1) The Lokpal may, by notification, constitute a prosecution wing<br />
and appoint a prosecution Director and such other officers and employees<br />
to assist the prosecution Director for the purpose of prosecution of public<br />
servants in relation to any complaint by the Lokpal under this Act.&nbsp;&nbsp;<br />
(2) The prosecution Director shall, after having been so directed by the<br />
Lokpal, file&nbsp; &nbsp; a complaint before the Special Court, and take all necessary<br />
steps in respect of the prosecution of public servants in relation to any<br />
offence punishable under the Prevention of Corruption Act, 1988. 49 of 1988.<br />
CHAPTER V<br />
EXPENSES OF INSTITUTION OF LOKPAL TO BE CHARGED ON<br />
CONSOLIDATED FUND OF INDIA<br />
Expenses of<br />
Lokpal to be<br />
charged on<br />
Consolidated<br />
Fund of India.<br />
16. The expenses of the Lokpal, including all salaries, allowances and<br />
pensions payable to or in respect of the Chairperson, members or<br />
secretary or other officers or staff of the Lokpal, shall be charged on the<br />
Consolidated Fund of India and any fees or other moneys taken by the<br />
Lokpal shall form part of that Fund.<br />
CHAPTER VI<br />
JURISDICTION IN RESPECT OF INQUIRY<br />
Jurisdiction of<br />
Lokpal.&nbsp;&nbsp;<br />
17. (1) Subject to the other provisions of this Act, the Lokpal shall<br />
inquire into any matter involved in, or arising from, or connected with, any<br />
allegation of corruption by a public servant made in a complaint in respect<br />
of the following, namely:—<br />
(a) any person who is or has been a Minister of the Union other than<br />
the Prime Minister;&nbsp;&nbsp;<br />
(b) any person who is or has been a Member of either House of<br />
Parliament;<br />
(c) any Group ‘A’ officer or equivalent or above, when serving or<br />
who has served, in connection with the affairs of the Union;<br />
(d)&nbsp; &nbsp; any chairperson or member or officer equivalent to Group ‘A’<br />
officer referred to in clause (c) or equivalent or above in any body or<br />
Board or corporation or authority or company or society or&nbsp;&nbsp;<br />
autonomous body (by whatever name called) established or constituted<br />
under an Act of Parliament or wholly or partly financed by the Central<br />
Government or controlled by it;<br />
(e) any director, manager, secretary or other officer of every otherDRAFT LOKPAL BILL<br />
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society or&nbsp; &nbsp; association of persons or trust (whether registered under<br />
any law for the time being in force or not) wholly or partly financed by<br />
the Government or in receipt of any sums under the Foreign<br />
Contribution (Regulation) Act, 1976 or any donation from the public:&nbsp;&nbsp;&nbsp;<br />
Provided that the Lokpal shall not inquire into any matter involved in,<br />
or arising from, or connected with, any such allegation of corruption<br />
against any Member of either House of Parliament in respect of anything<br />
said or a vote given by him in Parliament or any committee thereof<br />
covered under the provisions contained in clause (2) of article 105 of the<br />
Constitution.&nbsp;&nbsp;<br />
(2) The Lokpal may inquire into any act or conduct of any person other<br />
than those referred to in sub‐section (1), if such person is associated with<br />
the allegation of corruption under the Prevention of Corruption Act, 1988.<br />
(3) No matter in respect of which a complaint has been made to the<br />
Lokpal under this Act, shall be referred for inquiry under the Commissions<br />
of Inquiry Act, 1952.<br />
49 of 1976.<br />
45 of 1988.<br />
60 of 1952.<br />
Matters<br />
pending before<br />
any court or<br />
committee or<br />
authority<br />
before inquiry<br />
before Lokpal<br />
not to be<br />
affected.&nbsp;&nbsp;<br />
18. In case any matter or proceeding related to allegation of corruption<br />
under the Prevention of Corruption Act, 1988 has been pending before any<br />
court or committee of either House of Parliament or before any other<br />
authority prior to commencement of this Act or prior to commencement of<br />
any inquiry after the commencement of this Act, such matter or<br />
proceeding shall be continued before such court, committee or authority.<br />
49 of 1988.<br />
Explanation.— For the removal of doubts, it is herby declared that<br />
continuance of such matter or proceeding before any court or committee<br />
of either House of Parliament or before any other authority, except for<br />
such matters as are protected under clause (2) of article 105 of the<br />
Constitution or are pending before a court, shall not affect the power of<br />
the Lokpal to inquire into such matter under this Act.&nbsp;&nbsp;&nbsp;<br />
Constitution of<br />
benches of<br />
Lokpal.<br />
19. (1) Subject to the provisions of this Act, —<br />
(a) the jurisdiction of the Lokpal may be exercised by benches<br />
thereof;<br />
(b) a bench may be constituted by the Chairperson with two or<br />
more Members as the Chairperson may deem fit;<br />
(c) every bench shall ordinarily consist of at least one Judicial<br />
Member;<br />
(d) where a bench consists of the Chairperson, such bench shall be<br />
presided over by the Chairperson;<br />
(e) where a bench consists of a Judicial Member, and a non‐Judicial<br />
Member, not being the Chairperson, such bench shall be presided over<br />
by the Judicial Member;<br />
(f) the benches of the Lokpal shall ordinarily sit at New Delhi and at<br />
such other places as the Lokpal may, by regulations, specify.DRAFT LOKPAL BILL<br />
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(2) The Lokpal shall notify the areas in relation to which each bench of<br />
the Lokpal may exercise jurisdiction.<br />
(3) Notwithstanding anything contained in sub‐section (2), the<br />
Chairperson shall have the power to constitute or reconstitute benches<br />
from time to time.<br />
(4) If at any stage of the hearing of any case or matter it appears to the<br />
Chairperson or a Member that the case or matter is of such a nature that it<br />
ought to be heard by a bench consisting of three or more Members, the<br />
case or matter may be transferred by the Chairperson or, as the case may<br />
be, referred to him for transfer, to such bench as the Chairperson may<br />
deem fit.<br />
Distribution of<br />
business<br />
amongst<br />
Benches<br />
20. Where benches are constituted, the Chairperson may, from time to<br />
time, by notification, make provisions as to the distribution of the business<br />
of the Lokpal amongst the benches and also provide for the matters which<br />
may be dealt with by each bench.<br />
Power of<br />
Chairperson to<br />
transfer cases<br />
21. On an application for transfer made by the complainant or the<br />
public servant, the Chairperson, after giving an opportunity of being heard<br />
to the complainant or the public servant, as the case may be, may transfer<br />
any case pending before one bench for disposal to any other bench.<br />
Decision to be<br />
by majority.&nbsp;&nbsp;<br />
22. If the Members of a bench consisting of two Members differ in<br />
opinion on any point, they shall state the point or points on which they<br />
differ, and make a reference to the Chairperson who shall either hear the<br />
point or points himself or refer the case for hearing on such point or points<br />
by one or more of the other Members of the Lokpal and such point or<br />
points shall be decided according to the opinion of the majority of the<br />
Members of the Lokpal who have heard the case, including those who first<br />
heard it.<br />
CHAPTER VII<br />
PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION<br />
Provisions<br />
relating to<br />
complaints and<br />
inquiry and<br />
investigation.<br />
23. (1) The Lokpal, on receipt of a complaint, may either make<br />
preliminary inquiry or direct its Investigation Wing, to make a preliminary<br />
investigation to ascertain whether there exists a prima facie case for<br />
proceeding in the matter.<br />
(2) Every preliminary inquiry or preliminary investigation referred to in<br />
sub‐section (1) shall ordinarily be completed within a period of thirty days<br />
and for reasons to be recorded in writing, within a further period of three<br />
months from the date of receipt of the complaint.<br />
(3) Upon completion of the preliminary investigation, the investigating<br />
authority shall submit its report to the Lokpal.<br />
(4) Before the Lokpal comes to the conclusion in the course of a<br />
preliminary inquiry and after submission of a report referred to in sub‐<br />
section (3) that a prima facie is made out against the public servant<br />
pursuant to such a preliminary inquiry, the Lokpal shall afford the publicDRAFT LOKPAL BILL<br />
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servant an opportunity to be heard consistent with principles of natural<br />
justice.<br />
(5) Where the Lokpal, after receiving the report of the investigating<br />
authority pursuant to a preliminary investigation or conclusion of the<br />
preliminary inquiries as referred to in sub‐section (1) is satisfied that no<br />
prima facie case is made out for proceeding further in the matter, the<br />
complaint shall be closed and the decision thereon be communicated to<br />
the complainant and the public servant.<br />
(6) Where the Lokpal is of the opinion that prima facie case is made out<br />
and refers the matter for investigation, upon completion of such<br />
investigation and before filing the charge sheet, the public servant against<br />
whom such investigation is being conducted shall be given an opportunity<br />
to be heard consistent with the principles of natural justice.&nbsp;&nbsp;<br />
(7) Every inquiry conducted by the Lokpal, upon being satisfied that a<br />
prima facie case is made out, shall be open to the public provided that in<br />
exceptional circumstances and for reasons to be recorded in writing by the<br />
Lokpal, such inquiry may be conducted in camera.<br />
(8) In case the Lokpal proceeds to inquire into the complaint, it shall<br />
hold such inquiry as expeditiously as possible and complete the inquiry<br />
within a period of six months from the date of receipt of the complaint<br />
which, for reasons to be recorded in writing, may be extended by a further<br />
period of six months.<br />
(9) The public servant against whom an inquiry is being conducted<br />
under sub‐section (8) shall be given an opportunity to be heard consistent<br />
with the principles of natural justice.&nbsp;&nbsp;<br />
(10) Where in a case the Lokpal is of the opinion and reason to be<br />
recorded in writing that it is not in the interest of justice to either hold a<br />
preliminary inquiry or preliminary investigation, it may refer the matter for<br />
investigation.<br />
(11) Upon completion of such investigation but before filing a charge<br />
sheet, the investigating authority shall place the records in its possession<br />
along with it prima facie conclusion before the Lokpal who shall before<br />
directing that a charge sheet be filed afford the public servant concerned<br />
an opportunity to be heard consistent with the principles of natural justice.&nbsp;&nbsp;<br />
(12) If the Lokpal proposes to inquire into a complaint, it may, at any<br />
stage,—<br />
(a) pass appropriate orders for safe custody of the documents<br />
relevant to the inquiry as it deems fit; and&nbsp;&nbsp;<br />
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along with all relevant material relied upon and afford him an<br />
opportunity to represent his case.<br />
(13) The website of the Lokpal shall, from time to time and in such<br />
manner as may be specified by regulations, display to the public, the status<br />
of number of complaints pending before it or disposed of by it.&nbsp;&nbsp;<br />
(14) The Lokpal may withhold the records and evidence which are likely<br />
to impede the process of inquiry or conduct of a case by it or the Special<br />
Court.<br />
(15) Save as otherwise provided, the manner and procedure of<br />
conducting an inquiry or investigation under this Act, shall be such as may<br />
be specified by regulations.<br />
Persons likely to<br />
be prejudicially<br />
affected to be<br />
heard.<br />
24. If, at any stage of the proceeding, the Lokpal—<br />
(a) considers it necessary to inquire into the conduct of any person<br />
other than the prospective accused; or<br />
(b) is of opinion that the reputation of any person other than a<br />
accused is likely to be prejudicially affected by the inquiry,<br />
the Lokpal shall give to that person a reasonable opportunity of being<br />
heard in the inquiry and to produce evidence in his defence, consistent<br />
with the principles of natural justice:<br />
Provided that nothing in this section shall apply where the credibility<br />
of a witness is being impeached.<br />
Lokpal may<br />
require any<br />
public servant<br />
or any other<br />
person to<br />
furnish<br />
information,<br />
etc.<br />
25. (1) Subject to the provisions of this Act, for the purpose of any<br />
inquiry or investigation, the Lokpal or the investigating authority, as the<br />
case may be, may require any public servant or any other person who, in<br />
its opinion, is able to furnish information or produce documents relevant<br />
to such inquiry or investigation, to furnish any such information or produce<br />
any such document.<br />
Previous<br />
sanction not<br />
necessary for<br />
investigation<br />
and initiating<br />
prosecution by<br />
Lokpal in<br />
certain cases.<br />
26. (1) No sanction or permission or authorisation shall be required by<br />
the Lokpal or its Investigation Wing under section 6A of the Delhi&nbsp; &nbsp;Special<br />
Police Establishment Act, 1946, or section 197 of the Code of Criminal<br />
Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988<br />
for the purpose of making inquiry by the Lokpal or investigation by its<br />
Investigation Wing into any complaint against any public servant or for<br />
filing of any complaint in respect thereof before the Special Court under<br />
this Act.&nbsp;&nbsp;<br />
(2) A Special Court may, notwithstanding anything contained in section<br />
6A of the Delhi Special Police Establishment Act, 1946, or section 197 of<br />
the Code of Criminal Procedure, 1973 or section 19 of the Prevention of<br />
Corruption Act, 1988, on a complaint filed by the Lokpal or any officer<br />
authorised by it in this behalf, take cognizance of offence committed by<br />
any public servant.<br />
(3) Nothing contained in sub‐sections (1) and (2) shall apply in respect of<br />
25 of 1946.<br />
2 of 1974.<br />
49 of 1988.<br />
25 of 1946.<br />
2 of 1974.<br />
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the persons holding the office in pursuance of the provisions of the<br />
Constitution and in respect of which a procedure for removal of such<br />
person has been specified therein.<br />
(4) The provisions contained in sub‐sections (1), (2) and (3) shall be<br />
without prejudice to the generality of the provisions contained in article<br />
311 and sub‐clause (c) of clause (3) of article 320 of the Constitution.<br />
Action on<br />
inquiry in<br />
relation to<br />
public servants<br />
not being<br />
minsters or<br />
Members of<br />
Parliament.<br />
27. (1) Where after the conclusion of the inquiry or investigation, the<br />
findings of the Lokpal disclose the commission of an offence under the<br />
Prevention of Corruption Act, 1988 by a public servant referred to in clause<br />
(c) or clause (d) of sub‐section (1) of section 17, the Lokpal may—<br />
(a) ) file a case in the Special Court and send a copy of the report<br />
together with its findings to the competent authority;<br />
(b) recommend to the competent authority the initiation of<br />
discliplinary proceedings under the rules of disciplinary proceedings<br />
applicable to such public servant;&nbsp;&nbsp;<br />
(c) provide a copy of the report to the public servant or his<br />
representative;<br />
(2) The competent authority shall, within a period of thirty days of the<br />
receipt of recommendation under clause (b) of sub‐section (1), initiate<br />
disciplinary proceedings against the delinquent public servant accused of<br />
committing offence under the Prevention of Corruption Act, 1988 and<br />
forward its comments on the report, including the action taken or<br />
proposed to be taken thereon, to the Lokpal ordinarily within six months of<br />
initation of such disciplinary proceedings.<br />
49 of 1988.<br />
49 of 1988.<br />
Action on<br />
inquiry against<br />
public servant<br />
being ministers<br />
or Members of<br />
Parliament.<br />
28. (1) (1) Where after the conclusion of the inquiry or investigation,<br />
the findings of the Lokpal disclose the commission of an offence under the<br />
Prevention of Corruption Act, 1988 by a public servant referred to in clause<br />
(a) or clause (b) of sub‐section (1) of section 17, the Lokpal may file a case<br />
in the Special Court and shall send a copy of the report together with its<br />
findings to the competent authority;<br />
(2) The Speaker, in the case of the Minister or a Member of the House<br />
of the People, and the Chairman of the Council of States, in the case of a<br />
Member of that Council shall, as soon as may be, after the receipt of<br />
report under sub‐section (1), cause the same to be laid before the House<br />
of the People or the Council of States, as the case may be, while it is in<br />
session, and if the House of the People or the Council of States, as the case<br />
may be, is not in session, within a period of one week from the reassembly<br />
of the said House or the Council, as the case may be.<br />
(3) The competent authority shall examine the report forwarded to it<br />
under sub‐section (1) and communicate to the Lokpal, within a period of<br />
ninety days from the date of receipt of the report, the action taken or<br />
proposed to be taken on the basis of the report.<br />
Explanation.— In computing the period of ninety days referred to in<br />
this sub‐section, any period during which Parliament or, as the case may<br />
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be, either House of Parliament, is not in session, shall be excluded.<br />
CHAPTER VIII<br />
POWERS OF LOKPAL<br />
Search and<br />
seizure.<br />
29. (1) If the Lokpal has reason to believe that any document which, in<br />
its opinion, shall be useful for, or relevant to, any investigation or inquiry<br />
under this Act, are secreted in any place, it may authorise any officer of<br />
Investigation Wing, to search for and to seize such documents.<br />
(2) If the Lokpal is satisfied that any document seized under sub‐<br />
section (1) would be evidence for the purpose of any investigation or<br />
inquiry under this Act and that it would be necessary to retain the<br />
document in its custody or in the custody of such officer as may be<br />
authorised, it may so retain or direct such officer authorised to retain such<br />
document till the completion of such investigation or inquiry:<br />
Provided that where any document is required to be returned, the<br />
Lokpal or the authorised officer may return the same after retaining copies<br />
of such document duly authenticated.<br />
(3) The provisions of the Code of Criminal Procedure, 1973 relating to<br />
searches shall, so far as may be, apply to searches under this section<br />
subject to the modification that sub‐section (5) of section 165 of the said<br />
Code shall have effect as if for the word “Magistrate”, wherever it occurs<br />
therein, the words “Lokpal or any officer authorised by it” were<br />
substituted.<br />
2 of 1974.<br />
Lokpal to have<br />
powers of civil<br />
court in certain<br />
cases.<br />
30. (1) Subject to the provisions of this section, for the purpose of any<br />
inquiry, the Lokpal shall have all the powers of a civil court, under the Code<br />
of Civil Procedure, 1908, while trying a suit in respect of the following<br />
matters, namely:—<br />
(i) summoning and enforcing the attendance of any person and<br />
examining him on oath;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<br />
(ii) requiring the discovery and production of&nbsp;&nbsp;any document;<br />
(iii) receiving evidence on affidavits;<br />
(iv) requisitioning any public record or copy thereof from any court<br />
or office;<br />
(v) issuing commissions for the examination of witnesses or<br />
documents:<br />
Provided that such commission, in case of a witness, shall be issued<br />
only where the witness, in the opinion of the Lokpal, is not in a position<br />
to attend the proceeding before the Lokpal; and<br />
(vi) such other matters as may be prescribed.<br />
(2) Any proceeding before the Lokpal shall be deemed to be a judicial<br />
proceeding within the meaning of section 193 of the Indian Penal Code.<br />
Explanation.— For the purposes of this section, “public servant” shall<br />
5 of 1908.<br />
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have the same meaning as is in section 21 of the Indian Penal Code.<br />
Power to<br />
punish for<br />
contempt.<br />
31. The Lokpal shall have, and exercise, jurisdiction, powers and<br />
authority in respect of contempt of itself as the High Court has and may<br />
exercise such power or authority, for this purpose under the provisions of<br />
the Contempt of Courts Act, 1971, which shall have effect subject to the<br />
modification that—<br />
(a) any reference therein to a High Court shall be construed as<br />
including a reference to the Lokpal;<br />
(b) any reference to the Advocate General in section 15 of the said<br />
Act shall be construed as a reference to such law officer as the Lokpal<br />
may specify in this behalf:<br />
Provided that such matters shall be heard by a Special Bench consisting<br />
of five Members constituted by the Chairperson.<br />
70 of 1971.<br />
Power of Lokpal<br />
to utilise<br />
services of<br />
officers of<br />
Central or State<br />
Government.<br />
32. (1) The Lokpal may, for the purpose of conducting any inquiry,<br />
utilise the services of any officer or investigation agency of the Central<br />
Government or any State Government, as the case may be.<br />
(2) For the purpose of investigating into any matter pertaining to the<br />
inquiry, any officer or agency whose services are utilised under sub‐section<br />
(2) may, subject to the direction and control of the Lokpal,—&nbsp;&nbsp;<br />
(a) summon and enforce the attendance of any person and examine<br />
him;<br />
(b) require the discovery and production of any document; and<br />
(c) requisition any public record or copy thereof from any office.<br />
(3) The officer or agency whose services are utilised under sub‐section<br />
(2) shall investigate into any matter pertaining to the inquiry and submit a<br />
report thereon to the Lokpal within such period as may be specified by the<br />
Lokpal in this behalf.<br />
Provisional<br />
attachment of<br />
assets.<br />
33. (1) Where the Lokpal or any investigation officer authorised by it in<br />
this behalf, has reason to believe, the reason for such belief to be be<br />
recorded in writing, on the basis of material in his possession, that—<br />
(a) any person is in possession of any proceeds of corruption;<br />
(b) such person is accused of having committed an offence relating<br />
to corruption; and<br />
(c) such proceeds of offence are likely to be concealed, transferred<br />
or dealt with in any manner which may result in frustrating any<br />
proceedings relating to confiscation of such proceeds of offence, he<br />
may, by order in writing, provisionally attach such property for a period<br />
not exceeding ninety days from the date of the order, in the manner<br />
provided in the Second Schedule to the Income‐tax Act, 1961 and the<br />
Lokpal shall be deemed to be an officer under sub‐rule (e) of rule 1 of<br />
that Schedule:&nbsp;&nbsp;<br />
(2) The Lokpal shall, immediately after attachment under sub‐section<br />
(1), forward a copy of the order, along with the material in his possession,<br />
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referred to in that sub‐section, to the Special Court, in a sealed envelope,<br />
in the manner as may be prescribed and such Court may extend the order<br />
of attachment and keep such material for such period as the Court may<br />
deem fit.<br />
(3) Every order of attachment made under sub‐section (1) shall cease<br />
to have effect after the expiry of the period specified in that sub‐section or<br />
after the expiry of the period as directed by the Special Court under sub‐<br />
section (2).<br />
(4) Nothing in this section shall prevent the person interested in the<br />
enjoyment of the immovable property attached under sub‐section (1) or<br />
sub‐section (2), from such enjoyment.<br />
Explanation.— For the purposes of this sub‐section, “person<br />
interested”, in relation to any immovable property, includes all persons<br />
claiming or entitled to claim any interest in the property.<br />
Confirmation of<br />
attachment of<br />
assets.<br />
34. (1) The Lokpal, when it provisionally attaches any property under<br />
sub‐section (1) of section 33 shall, within a period of thirty days of such<br />
attachment, direct its prosecution wing to file an application stating the<br />
facts of such attachment before the Special Court and make a prayer for<br />
confirmation of attachment of the property till completion of the<br />
proceedings against the public servant in the Special Court.<br />
(2) The Special Court may, if it is of the opinion that the property<br />
provisionally attached had been acquired through corrupt means, make an<br />
order for confirmation of attachment of such property till the completion<br />
of the proceedings against the public servant in the Special Court.<br />
(3) If the public servant is subsequently acquitted of the charges framed<br />
against him, the property, subject to the orders of the Special Court, shall<br />
be restored to the concerned public servant along with benefits from such<br />
property as might have accrued during the period of attachment.<br />
(4) If the public servant is subsequently convicted of the charges of<br />
corruption, the proceeds relatable to the offence under the Prevention of<br />
Corruption Act, 1988 shall be confiscated and vest in the Central<br />
Government free from any encumbrance or leasehold interest excluding<br />
any debt due to any bank or financial institution.<br />
Explanation.— For the purposes of this sub‐section, the expressions<br />
“bank”, “debt” and “financial institution” shall have the meanings<br />
respectively assigned to them in clauses (d), (g) and (h) of section 2 of the<br />
Recovery of Debts Due to Banks and Financial Institutions Act, 1993.<br />
49 of 1988.<br />
51 of 1993.<br />
Power of Lokpal<br />
to recommend<br />
transfer or<br />
suspension of<br />
public servant<br />
connected with<br />
allegation of<br />
corruption .<br />
35. (1) Where the Lokpal, while making an inquiry into allegations of<br />
corruption, is prima facie satisfied, on the basis of evidence available, that‐&nbsp;<br />
(a) the continuance of the public servant referred to in clause (c) or<br />
clause (d) of sub‐section (1) of section 17 in his post while conducting<br />
the inquiry is likely to affect such inquiry adversely; or&nbsp;&nbsp;<br />
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any way tamper with the evidence or influence witnesses,&nbsp;&nbsp;<br />
then, the Lokpal may recommend to the Central Government for&nbsp; &nbsp;transfer<br />
or suspension of such public servant from the post held by him till such<br />
period as may be specified in the order.<br />
(2) The Central Government shall ordinarily accept the<br />
recommendation of the Lokpal made under sub‐section (1), except for the<br />
reasons to be recorded in writing in a case where it is not feasible for<br />
administrative reasons.<br />
Power of Lokpal<br />
to give<br />
directions to<br />
prevent<br />
destruction of<br />
records during<br />
inquiry.<br />
36. The Lokpal may, in discharge of its functions under this Act, issue<br />
appropriate directions to a public servant entrusted with the preparation<br />
or custody of any document or record—&nbsp;&nbsp;<br />
(a) to protect such document or record from destruction or damage;<br />
or&nbsp;&nbsp;<br />
(b) to prevent the public servant from altering or secreting such<br />
document or record; or<br />
(c) to prevent the public servant from transferring or alienating any<br />
assets allegedly acquired by him through corrupt means.&nbsp;&nbsp;&nbsp;&nbsp;<br />
Power to<br />
delegate.<br />
37. The Lokpal may, by general or special order in writing, and subject<br />
to such conditions and limitations as may be specified therein, direct that<br />
any administrative or financial power conferred on it may also be exercised<br />
or discharged by such of its Members or officers or employees as may be<br />
specified in the order.<br />
CHAPTER IX<br />
SPECIAL COURTS<br />
Special Courts<br />
to be notified<br />
by Central<br />
Government.<br />
38. (1) The Central Government shall constitute such number of Special<br />
Courts, as recommended by the Lokpal, to hear and decide the cases<br />
arising out of the Prevention of Corruption Act, 1988 or under this Act.<br />
(2) The Special Courts constituted under sub‐section (1) shall ensure<br />
completion of each trial within a period of one year from the date of filing<br />
of the case in the Court:<br />
Provided that in case the trial cannot be completed within a period of<br />
one year, the Special Court shall record reasons therefor and complete the<br />
trial within a further period of not more than three months or such further<br />
periods not exceeding three months each, for reasons to be recorded in<br />
writing, before the end of each such three month period, but not<br />
exceeding a total period of two years.<br />
49 of 1988.<br />
Letter of<br />
request to a<br />
contracting<br />
State in certain<br />
cases.<br />
39. (1) Notwithstanding anything contained in this Act or the Code of<br />
Criminal Procedure, 1973 if, in the course of an inquiry or investigation into<br />
an offence or other proceeding under this Act, an application is made to a<br />
Special Court by the Investigation Officer of the Lokpal that any evidence is<br />
required in connection with the inquiry or investigation into an offence or<br />
proceeding under this Act and he is of the opinion that such evidence may<br />
be available in any place in a contracting State, and the Special Court, on<br />
being satisfied that such evidence is required in connection with the<br />
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inquiry or investigation into an offence or proceeding under this Act, may<br />
issue a letter of request to a court or an authority in the contracting State<br />
competent to deal with such request to—<br />
(i) examine the facts and circumstances of the case;<br />
(ii) take such steps as the Special Court may specify in such letter of<br />
request; and<br />
(iii) forward all the evidence so taken or collected to the Special<br />
Court issuing such letter of request.<br />
(2) The letter of request shall be transmitted in such manner as the<br />
Central Government may prescribe in this behalf.<br />
(3) Every statement recorded or document or thing received under<br />
sub‐section (1) shall be deemed to be evidence collected during the course<br />
of the inquiry or investigation.<br />
CHAPTER X<br />
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF<br />
LOKPAL<br />
Complaints<br />
against<br />
Chairperson&nbsp;&nbsp;<br />
and Members<br />
not to be<br />
inquired by<br />
Lokpal.<br />
40. (1) The Lokpal shall not inquire into any complaint made against the<br />
Chairperson or any Member.<br />
(2) Any complaint against the Chairperson or Member shall be made by<br />
an application by the party aggrieved, to the President.<br />
(3) The President shall, in case there exists a prima facie case for bias or<br />
corruption, make a reference to the Chief Justice of India in such manner<br />
as may be prescribed for inquiring into the complaint against the<br />
Chairperson or Member.&nbsp;&nbsp;<br />
(4) The President shall decide the action against the Chairperson or<br />
Member on the basis of the opinion of the Chief Justice of India and in case<br />
the President is satisfied on the basis of the said opinion that the<br />
Chairperson or the Member is biased or has indulged in corruption, the<br />
President shall, notwithstanding anything contained in sub‐section (1) of<br />
section 8, remove such Chairperson or Member and also order for<br />
initiation of prosecution in case of allegation of corruption.&nbsp;&nbsp;<br />
Complaints<br />
against officials<br />
of Lokpal.<br />
41. (1) Every complaint of allegation of wrongdoing made against any<br />
officer or employee or investigation agency under or associated with the<br />
Lokpal for offence punishable under the Prevention of Corruption Act,<br />
1988 shall be dealt with in accordance with the provisions of this section.<br />
(2) The Lokpal shall complete the inquiry into the complaint or<br />
allegation made, within a period of thirty days from the date of its receipt.&nbsp;&nbsp;<br />
(3) While making an inquiry into the complaint against any officer or<br />
employee of the Lokpal or agency engaged or associated with the Lokpal, if<br />
it is prima facie satisfied on the basis of evidence available, that—&nbsp;&nbsp;<br />
(a) continuance of such officer or employee of the Lokpal or agency<br />
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engaged or associated in his post while conducting the inquiry is likely to<br />
affect such inquiry adversely; or&nbsp;&nbsp;<br />
(b) an officer or employee of the Lokpal or agency engaged or<br />
associated is likely to destroy or in any way&nbsp;&nbsp;tamper with the evidence or<br />
influence witnesses,&nbsp;&nbsp;<br />
then, the Lokpal may, by order, suspend such officer or employee of the<br />
Lokpal or divest such agency engaged or associated with the Lokpal of all&nbsp;&nbsp;<br />
powers and responsibilities hereto before exercised by it .&nbsp;&nbsp;<br />
(4) On the completion of the inquiry, if the Lokpal is satisfied that there<br />
is prima facie evidence of&nbsp; &nbsp; the commission of an offence under the<br />
Prevention of Corruption Act, 1988 or of any wrongdoing,&nbsp;&nbsp;it shall, within a<br />
period of fifteen days of the&nbsp; &nbsp; completion of such inquiry, order to<br />
prosecute such officer or employee of the Lokpal or such officer,<br />
employee, agency engaged or associated with the Lokpal and&nbsp; &nbsp; initiate<br />
disciplinary proceedings against the&nbsp;&nbsp;official concerned:<br />
Provided that no such order shall be passed without giving such officer<br />
or employee of the Lokpal or person, agency engaged or associated, a<br />
reasonable opportunity of being heard.<br />
49 of 1988.<br />
CHAPTER XI<br />
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT<br />
Assessment of<br />
loss and<br />
recovery<br />
thereof by<br />
Special Court.<br />
42. If any public servant is convicted of an offence under the Prevention<br />
of Corruption Act, 1988 by the Special Court, notwithstanding and without<br />
prejudice to any law for the time being in force, it may make an<br />
assessment of loss, if any, caused to the public exchequer on account of<br />
the actions or decisions of such public servant not taken in good faith and<br />
for which he stands convicted, and may order recovery of such loss, if<br />
possible or quantifiable, from such public servant so convicted:<br />
Provided that if the Special Court, for reasons to be recorded in writing,<br />
comes to the conclusion that the loss caused was pursuant to a conspiracy<br />
with the beneficiary or beneficiaries of actions or decisions of the public<br />
servant so convicted, then such loss may, if assessed and quantifiable<br />
under this section, may also be recovered from such beneficiary or<br />
beneficiaries proportionately.<br />
45 of 1988.<br />
CHAPTER XII<br />
FINANCE, ACCOUNTS AND AUDIT<br />
43. The Lokpal shall prepare, in such form and at such time in each<br />
financial year as may be prescribed, its budget for the next financial year,<br />
showing the estimated receipts and expenditure of the Lokpal and forward<br />
the same to the Central Government for information.<br />
Budget.<br />
44. The Central Government may, after due appropriation made by<br />
Parliament by law in this behalf, make to the Lokpal grants of such sums of<br />
money as are required to be paid for the salaries and allowances payable<br />
to the Chairperson and other Members and the administrative expenses,<br />
including the salaries and allowances and pension payable to or in respect<br />
Grants by Central<br />
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of officers and other employees of the Lokpal.<br />
45. (1) The Lokpal shall maintain proper accounts and other relevant<br />
records and prepare an annual statement of accounts in such form as may<br />
be prescribed by the Central Government in consultation with the<br />
Comptroller and Auditor‐General of India.<br />
(2) The accounts of the Lokpal shall be audited by the Comptroller and<br />
Auditor‐General of India at such intervals as may be specified by him.<br />
(3) The Comptroller and Auditor‐General of India or any person<br />
appointed by him in connection with the audit of the accounts of the<br />
Lokpal under this Act shall have the same rights, privileges and authority in<br />
connection with such audit, as the Comptroller and Auditor‐General of<br />
India generally has, in connection with the audit of the Government<br />
accounts and, in particular, shall have the right to demand the production<br />
of books, accounts, connected vouchers and other documents and papers<br />
and to inspect any of the offices of the Lokpal.<br />
(4) The accounts of the Lokpal, as certified by Comptroller and Auditor‐<br />
General of India or any other person appointed by him in this behalf,<br />
together with the audit report thereon, shall be forwarded annually to the<br />
Central Government and the Central Government shall cause the same to<br />
be laid before each House of Parliament.<br />
Annual statement<br />
of accounts.<br />
46. (1) The Lokpal shall furnish to the Central Government, at such time<br />
and in such form and manner as may be prescribed or as the Central<br />
Government may request, such returns and statements and such<br />
particulars in regard to any matter under the jurisdiction of the Lokpal, as<br />
the Central Government may, from time to time, require.<br />
(2) The Lokpal shall prepare, once every year, in such form and at such<br />
time as may be prescribed, an annual report, giving a summary of its<br />
activities during the previous year and copies of the report shall be<br />
forwarded to the Central Government.<br />
(3) A copy of the report received under sub‐section (2) shall be laid by<br />
the Central Government, as soon as may be after it is received, before<br />
each House of Parliament.<br />
Furnishing of<br />
returns, etc., to<br />
Central<br />
Government.<br />
CHAPTER XIII<br />
DECLARATION OF ASSETS<br />
Declaration of<br />
assets.<br />
47. (1) Every public servant shall make a declaration of his assets and<br />
liabilities in the manner as provided by or under this Act.<br />
(2) A public servant shall, within a period of thirty days from the date on<br />
which he makes and subscribes an oath or affirmation to enter upon his<br />
office, furnish to the competent authority the information relating to—<br />
(a) the assets of which he, his spouse and his dependent children are,<br />
jointly or severally, owners or beneficiaries;<br />
(b) his liabilities and that of his spouse and his dependent children.<br />
(3) A public servant holding his office as such, at the time of the<br />
commencement of this Act, shall furnish information relating to suchDRAFT LOKPAL BILL<br />
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assets and liabilities, as referred to in sub‐section (2) to the competent<br />
authority within thirty days of the coming into force of this Act.<br />
(4) Every public servant shall file with the competent authority, on or<br />
before the 31<br />
st<br />
July of every year, an annual return of such assets and<br />
liabilities, as referred to in sub‐section (2), as on the 31<br />
st<br />
March of that<br />
year.<br />
(5) The information under sub‐section (2) or sub‐section (3) and annual<br />
return under sub‐section (4) shall be furnished to the competent authority<br />
in such form and in such manner as may be prescribed.<br />
(6) The competent authority in respect of each office or Department<br />
shall ensure that all such statements are published on the website of such<br />
officer or Department by 31<br />
st<br />
August of that year.<br />
Explanation.— For the purposes of this section, “dependent children”<br />
means sons and daughters who have no separate means of earning and<br />
are wholly dependent on the public servant for their livelihood.<br />
Presumption as<br />
to acquisition of<br />
assets by<br />
corrupt means<br />
in certain cases.<br />
48. If any public servant wilfully or for reasons which are not justifiable,<br />
fails to—&nbsp;&nbsp;<br />
(a) to declare his&nbsp;&nbsp;assets; or&nbsp;&nbsp;<br />
(b)&nbsp; &nbsp;gives misleading information in respect of&nbsp; &nbsp;such assets and is<br />
found to be in possession of assets not disclosed or in respect of which<br />
misleading information was furnished,&nbsp;&nbsp;<br />
then such assets shall, unless otherwise proved, be presumed to belong to<br />
the public servant and shall be presumed to be assets acquired by corrupt<br />
means:&nbsp;&nbsp;&nbsp;<br />
Provided that the competent authority may condone or exempt the<br />
public servant from furnishing information in respect of assets not<br />
exceeding such minimum value as may be prescribed.&nbsp;&nbsp;<br />
CHAPTER XIV<br />
CITIZENS’ CHARTER<br />
Citizens’<br />
charter.<br />
49. (1) Every,—<br />
(a) Ministry or Department or office of the Central Government or<br />
any body or Board or corporation or authority or company or society or&nbsp;&nbsp;<br />
autonomous body (by whatever name called) established or<br />
constituted or incorporated under an Act of Parliament or wholly or<br />
partly financed by the Central Government or controlled by it; and&nbsp;&nbsp;<br />
(b) every other society or&nbsp; &nbsp;association of persons or trust (whether<br />
registered or not) wholly or partly financed by the Government or in<br />
receipt of any sums under the Foreign Contribution (Regulation) Act or<br />
any donation from public,&nbsp;&nbsp;&nbsp;<br />
shall prepare and publish a charter to be known as Citizens’ Charter within<br />
a period of one year from the commencement of this Act.<br />
(2) The Citizens’ Charter referred to in sub‐section (1) shall specify toDRAFT LOKPAL BILL<br />
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the citizens the commitments of,—<br />
(a) the Ministry or Department or office of the Central Government<br />
or any body or Board or corporation or authority or company or society<br />
or&nbsp; &nbsp; autonomous body or other society or&nbsp; &nbsp; association of persons or<br />
trust referred to in that sub‐section;&nbsp;&nbsp;<br />
(b) the officer responsible for meeting such commitment; and&nbsp;&nbsp;<br />
(c) the time within which such commitment shall be complied with<br />
along with other relevant details relating to public delivery of services<br />
or fulfilment of its objectives.&nbsp;&nbsp;<br />
(3) Every Ministry or Department or office of the Central Government<br />
or any body or Board or corporation or authority or company or society or&nbsp;&nbsp;<br />
autonomous body or other society or&nbsp; &nbsp; association of persons or trust<br />
referred to in sub‐section (1) shall designate an officer to be called the<br />
Public Grievance Redressal Officer to whom any aggrieved person may file<br />
a complaint for non‐compliance of the Citizens’ Charter:<br />
(4) Every Ministry or Department or office of the Central Government<br />
or any body or Board or corporation or authority or company or society or<br />
autonomous body or other society or association of persons or trust shall<br />
appoint at least one Public Grievance Redressal Officer in each district<br />
where it has an office.<br />
(5) Every Ministry or Department or office of the Central Government<br />
or any body or Board or corporation or authority or company or society or<br />
autonomous body or other society or association of persons or trust<br />
referred to in sub‐section (1) shall review and revise its Citizens’ Charter at<br />
least once in a year.<br />
CHAPTER XV<br />
OFFENCES AND PENALTIES&nbsp;&nbsp;<br />
Prosecution for<br />
false complaint<br />
and payment of<br />
compensation,<br />
etc., to public<br />
servant.<br />
50. (1) Notwithstanding anything contained in this Act, whoever makes<br />
any false and frivolous or vexatious complaint under this Act shall, on<br />
conviction, be punished with imprisonment for a term which shall not be<br />
less than two years but which may extend to five years and with fine which<br />
shall not be less than twenty‐five thousand rupees but which may extend<br />
to two lakh rupees.&nbsp;&nbsp;&nbsp;&nbsp;<br />
(2) No Court, except a Special Court, shall take cognizance of an<br />
offence under sub section (1).&nbsp;&nbsp;&nbsp;&nbsp;<br />
(3) No Special Court shall take cognizance of an offence under sub‐<br />
section (1) except on a complaint made by a person against whom the<br />
false, frivolous or vexatious complaint was made.&nbsp;&nbsp;&nbsp;<br />
(4) The prosecution in relation to an offence under sub‐section (1) shall<br />
be conducted by the public prosecutor and all expenses connected with<br />
such prosecution shall be borne by the Central Government.&nbsp;&nbsp;&nbsp;<br />
(5) In case of conviction of a person [being an individual or society or<br />
association of persons or trust (whether registered or not)], for having<br />
made a false complaint under this Act, such person shall be liable to payDRAFT LOKPAL BILL<br />
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compensation to the public servant against whom he made the false<br />
complaint in addition to the legal expenses for contesting the case by such<br />
public servant, as the Special Court may determine.<br />
False complaint<br />
made by<br />
society or&nbsp;&nbsp;<br />
association of<br />
persons or<br />
trust.<br />
51. (1) Where any offence under section 50 has been committed by&nbsp;&nbsp;<br />
any society or&nbsp; &nbsp;association of persons or trust (whether registered or not),<br />
every person who, at the time the offence was committed, was directly in<br />
charge of, and was responsible to, the society or&nbsp;&nbsp;association of persons or<br />
trust, for the conduct of the business or affairs or activities of the society<br />
or&nbsp;&nbsp;association of persons or trust as well as such society or&nbsp; &nbsp;association of<br />
persons or trust shall be deemed to be guilty of the offence and shall be<br />
liable to be proceeded against and punished accordingly:&nbsp;&nbsp;<br />
Provided that nothing contained in this sub‐section shall render any<br />
such person liable to any punishment provided in this Act, if he proves that<br />
the offence was committed without his knowledge or that he had<br />
exercised all due diligence to prevent the commission of such offence.&nbsp;&nbsp;<br />
(2) Notwithstanding anything contained in sub‐section (1), where an<br />
offence under this Act has been committed by a society or&nbsp; &nbsp;association of<br />
persons or trust (whether registered or not) and it is proved that the<br />
offence has been committed with the consent or connivance of, or is<br />
attributable to any neglect on the part of, any director, manager, secretary<br />
or other officer of such society or&nbsp; &nbsp; association of persons or trust, such<br />
director, manager, secretary or other officer shall also be deemed to be<br />
guilty of that offence and shall be liable to be proceeded against and<br />
punished accordingly.<br />
CHAPTER XVI<br />
MISCELLANEOUS<br />
Protection of<br />
action taken in<br />
good faith by<br />
any public<br />
servant.<br />
52. No suit, prosecution or other legal proceedings under this Act shall lie<br />
against any public servant, in respect of anything which is done in good<br />
faith or intended to be done in the discharge of his official functions or in<br />
exercise of his powers.<br />
Protection of<br />
action taken in<br />
good faith by<br />
others.<br />
53. No suit, prosecution or other legal proceedings shall lie against the<br />
Lokpal or against any officer, employee, agency or any person, in respect<br />
of anything which is done in good faith or intended to be done under this<br />
Act.<br />
Members,<br />
officers and<br />
employees of<br />
Lokpal to be<br />
public servants.<br />
54. The Chairperson, Members, officers and other employees of the<br />
Lokpal shall be deemed, when acting or purporting to act in pursuance of<br />
any of the provisions of this Act, to be public servants within the meaning<br />
of section 21 of the Indian Penal Code.<br />
45 of 1860.<br />
Bar of<br />
Jurisdiction.<br />
55. No civil court shall have jurisdiction in respect of any matter which<br />
the Lokpal is empowered by or under this Act to determine.<br />
Act to have<br />
overriding<br />
effect.<br />
56. The provisions of this Act shall have effect notwithstanding<br />
anything inconsistent therewith contained in any enactment other than<br />
this Act or in any instrument having effect by virtue of any enactment<br />
other than this Act.&nbsp;&nbsp;<br />
Provision of this<br />
Act to be in<br />
57. The provisions of this Act shall be in addition to, and not inDRAFT LOKPAL BILL<br />
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 June, 2011<br />
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addition of<br />
other laws.<br />
derogation of, any other law for the time being in force.<br />
Amendment of<br />
certain<br />
enactments.<br />
58. The enactments specified in the Second Schedule shall be<br />
amended in the manner specified therein.&nbsp;&nbsp;<br />
Power to make<br />
rules.<br />
59. (1) The Central Government may, by notification in the Official<br />
Gazette, make rules to carry out the provisions of this Act.<br />
(2) In particular, and without prejudice to the generality of the<br />
foregoing power, such rules may provide for all or any of the following<br />
matters, namely: —<br />
(a) the term of the search committee, fee and allowances payable to<br />
its members and the manner of selection of panel of names under sub‐<br />
section (5) of section 4;<br />
(b) the procedure of inquiry into misbehaviour for removal of the<br />
Chairperson or any other Member under sub‐section (1) of section 8;<br />
(c) the post or posts in respect of which the appointment shall be<br />
made after consultation with the Union Public Service Commission<br />
under the proviso to sub‐section (1) of section 11;<br />
(d) other matters for which the Lokpal shall have the powers of a<br />
civil court under clause (vi) of sub‐section (1) of section 30;<br />
(e) the manner of sending the order of attachment along with the<br />
material to the Special Court under sub‐section (2) of section 33;<br />
(f) the manner of transmitting the letter of request under sub‐<br />
section (2) of section 39;<br />
(g) the manner of making reference to the Chief Justice of India<br />
under sub‐section (3) of section 40;<br />
(h) the form and the time for preparing&nbsp; &nbsp;in each financial year the<br />
budget for the next financial year, showing the estimated receipts and<br />
expenditure of the Lokpal under section 43;<br />
(i) the form for maintaining the accounts and other relevant records<br />
and the form of annual statement of accounts under sub‐section (1) of<br />
section 45;<br />
(j) the form and manner and the time for preparing&nbsp;&nbsp;the returns and<br />
statements along with particulars under sub‐section (1) of section 46;<br />
(k) the form and the time for preparing an annual report giving a<br />
summary of its activities during the previous year under sub‐section (2)<br />
of section 46;<br />
(l) the form of annual return to be filed by a public servant under<br />
sub‐section (5) of section 47;<br />
(m) the minimum value for which the competent authority may<br />
condone or exempt a public servant from furnishing information in<br />
respect of assets under the proviso to section 48;DRAFT LOKPAL BILL<br />
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(n) any other matter which is to be or may be prescribed.<br />
Power of Lokpal<br />
to make<br />
regulations.<br />
60. (1) Subject to the provisions of this Act and the rules made<br />
thereunder, the Lokpal may, by notification in the Official Gazette, make<br />
regulations to carry out the provisions of this Act.<br />
(2) In particular, and without prejudice to the generality of the<br />
foregoing power, such regulations may provide for all or any of the<br />
following matters, namely:—<br />
(a) the conditions of service of the secretary and other officers and<br />
staff of the Lokpal and the matters which in so far as they relate to<br />
salaries, allowances, leave or pensions, require the approval of the<br />
President under sub‐section (2) of section 11;<br />
(b) the place of sittings of benches of the Lokpal under clause (f) of<br />
sub‐section (1) of section 19;<br />
(c) the manner for displaying on the website of the Lokpal, the<br />
status of all complaints pending or disposed of along with records and<br />
evidence with reference thereto under sub‐section (13) of section 23;<br />
(d) the manner and procedure of conducting an inquiry or<br />
investigation under sub‐section (15) of section 23;<br />
(e) any other matter which is required to be, or may be, specified<br />
under this Act.<br />
Laying of rules<br />
and regulations.<br />
61. Every rule and regulation made under this Act shall be laid, as soon<br />
as may be after it is made, before each House of Parliament, while it is in<br />
session, for a total period of thirty days which may be comprised in one<br />
session or in two or more successive sessions, and if, before the expiry of<br />
the session immediately following the session or the successive sessions<br />
aforesaid, both Houses agree in making any modification in the rule or<br />
regulation, or both Houses agree that the rule or regulation should not be<br />
made, the rule or regulation shall thereafter have effect only in such<br />
modified form or be of no effect, as the case may be; so, however, that any<br />
such modification or annulment shall be without prejudice to the validity<br />
of anything previously done under that rule or regulation.<br />
Power to<br />
remove<br />
difficulties.&nbsp;&nbsp;<br />
62. (1) If any difficulty arises in giving effect to the provisions of this<br />
Act, the Central Government may, by order, published in the Official<br />
Gazette, make such provisions not inconsistent with the provisions of this<br />
Act, as may appear to be necessary for removing the difficulty:<br />
Provided that no such order shall be made under this section after the<br />
expiry of a period of two years from the commencement of this Act.<br />
(2) Every order made under this section shall be laid, as soon as may be<br />
after it is made, before each House of Parliament.<br />
THE FIRST SCHEDULE<br />
[See section 3(5)]<br />
I, A.B……………………………… having been appointed Chairperson (or a<br />
Member) of the Lokpal, do swear in the name of God / solemnly affirmDRAFT LOKPAL BILL<br />
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 June, 2011<br />
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that I will bear true faith and allegiance to the Constitution of India as by<br />
law established, that I will duly faithfully and to the best of my ability,<br />
knowledge and judgment perform the duties of my office without fear or<br />
favour, affection or ill‐will.<br />
THE SECOND SCHEDULE<br />
[See section 58]<br />
AMENDMENT TO CERTAIN ENACTMENTS<br />
PART I<br />
AMENDMENT TO THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946<br />
(25 of 1946)<br />
In section 6A, for the words “The Delhi Special Police Establishment”,<br />
the words “Save as otherwise provided in the Lokpal Act, 2011, the Delhi<br />
Special Police Establishment” shall be substituted.<br />
Amendment of<br />
section 6A.<br />
PART II<br />
AMENDMENT TO THE COMMISSIONS OF INQUIRY ACT, 1952<br />
(60 of 1952)<br />
In section 3, in sub‐section (1), for the words “The appropriate<br />
Government may”, the words, brackets and figures “Save as otherwise<br />
provided in the Lokpal Act, 2011, the appropriate Government may” shall<br />
be substituted.<br />
Amendment of<br />
section 3.<br />
PART III<br />
AMENDMENT TO THE PREVENTION OF CORRUPTION ACT, 1988<br />
(49 of 1988)<br />
1. In section 13, in sub‐section (2), for the words “seven years”, the<br />
words “ten years” shall be substituted;<br />
Amendment of<br />
section 13.<br />
2. In section 14, for the words “seven years”, the words “ten years”<br />
shall be substituted.<br />
Amendment of<br />
section 14.<br />
3. In section 19, after the words “except with the previous sanction”,<br />
the words “save as otherwise provided in the Lokpal Act, 2011” shall be<br />
inserted.<br />
Amendment of<br />
section 19.<br />
PART IV<br />
AMENDMENT TO THE CODE OF CRIMINAL PROCEDURE, 1973<br />
(2 of 1974)<br />
In section 197, after the words “except with the previous sanction”, the<br />
words “save as otherwise provided in the Lokpal Act, 2011” shall be<br />
inserted.<br />
Amendment of<br />
section 197.<br />
____________________</p>
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		<title>Govt calls all-party meet to discuss Lokpal Bill MIL/TOI, Aug 23, 2011</title>
		<link>http://bellwort.wordpress.com/2011/08/24/govt-calls-all-party-meet-to-discuss-lokpal-bill-miltoi-aug-23-2011/</link>
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		<pubDate>Wed, 24 Aug 2011 13:12:05 +0000</pubDate>
		<dc:creator>Bellwort Technologies Pvt. Ltd.</dc:creator>
				<category><![CDATA[Lok Pal Bill]]></category>

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		<description><![CDATA[Amid the standoff with Team Anna over the Lokpal Bill, government has convened an all-party meeting on Wednesday to find a way to solve the issue. Leaders of all political parties have been invited to attend the meet scheduled for 3.30pm on Wednesday. Sources said government is of the view that some of the demands [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=bellwort.wordpress.com&amp;blog=11492305&amp;post=840&amp;subd=bellwort&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>Amid the standoff with Team Anna over the Lokpal Bill, government has convened an all-party meeting on Wednesday to find a way to solve the issue.</p>
<p>Leaders of all political parties have been invited to attend the meet scheduled for 3.30pm on Wednesday.</p>
<p>Sources said government is of the view that some of the demands put forth by Hazare and his associates require a wider political consensus before a decision could be taken.</p>
<p>In a related development, Prime Minister Manmohan Singh on Tuesday held a detailed meeting with chairman of the Parliamentary Standing Committee, Abhishek Manu Singhvi, looking into the Lokpal Bill.</p>
<p>Sources said the meeting discussed various options to end the impasse over the issue as Hazare&#8217;s fast entered the eighth day on Tuesday.</p>
<p>Singhvi had on Monday said that difference between the government and Hazare on Lokpal Bill were more to do with methodology rather than content and said the Committee on Law and Justice and Personnel was open to all kinds of opinions and inputs to send a strong and acceptable to all Lokpal Bill back to Parliament.</p>
<p>Congress member Praveen Singh Aron has already submitted a copy of Hazare&#8217;s Jan Lokpal Bill for consideration of the committee</p>
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		<title>Muslims snub Imam, join Anna Hazare</title>
		<link>http://bellwort.wordpress.com/2011/08/24/muslims-snub-imam-join-anna-hazare/</link>
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		<pubDate>Wed, 24 Aug 2011 13:11:21 +0000</pubDate>
		<dc:creator>Bellwort Technologies Pvt. Ltd.</dc:creator>
				<category><![CDATA[Lok Pal Bill]]></category>

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		<description><![CDATA[It seems the message from the top Muslim cleric hasn&#8217;t spread well among the community. A day after Syed Ahmed Bukhari, Imam of Delhi&#8217;s Jama Masjid, pointed out that slogans such as &#8216;Vande Mataram&#8217; and &#8216;Bharat Mata ki Jai&#8217;, staples of Anna&#8217;s campaign, did not make Muslims any comfortable, more and more people from the [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=bellwort.wordpress.com&amp;blog=11492305&amp;post=838&amp;subd=bellwort&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p> It seems the message from the top Muslim cleric hasn&#8217;t spread well among the community. A day after Syed Ahmed Bukhari, Imam of Delhi&#8217;s Jama Masjid, pointed out that slogans such as &#8216;Vande Mataram&#8217; and &#8216;Bharat Mata ki Jai&#8217;, staples of Anna&#8217;s campaign, did not make Muslims any comfortable, more and more people from the community are flocking to the Ramlila Maidan.</p>
<p>Resignation<br />
The &#8216;anti&#8217;-effect of Bukhari&#8217;s message was such that a Muslim MLA from Okhla resigned from his party and joined the crowd at Ramlila Maidan. Former RJD MLA Asif Mohammad Khan said, &#8220;There are two ways to go. One is to support the movement and another is to toe the party line. I chose the first one, sensing the people&#8217;s mood.&#8221;</p>
<p>The leader said he was miffed over party leader Lalu Prasad&#8217;s stand on the issue and he himself did not want to go against people&#8217;s wishes. &#8220;I am people&#8217;s elected representative and will always be with them,&#8221; he said.</p>
<p>On Bukhari asking Muslims not to join Anna&#8217;s protest, Khan requested clerics not to give such statements. &#8220;I would request him not to divide people on religious lines. Anna&#8217;s voice is also the voice of common Muslim. I request him to respect it.&#8221;</p>
<p>Disgruntled Bukhari<br />
Contending that communalism was a bigger a threat to India than corruption, Bukhari asked Anna why he and his campaign managers did not do more to involve Muslims in their anti-graft movement.</p>
<p>&#8220;The Gandhian needed to learn more from the Mahatma on how to spin all sections of the society together in a mass movement. I very much believe that corruption needs to be weeded out of the country. It is equally important to tackle communalism by addressing the problems of Muslims,&#8221; said Bukhari.</p>
<p>Complaining there was no effort on part of the campaign leaders to involve the community into their fold, the cleric said, &#8220;Why not raise more inclusive slogans like Hindustan Zindabad or Jai Hind.&#8221;</p>
<p>Feeding frenzy<br />
Meanwhile, a large number of fasting Muslim volunteers were seen feeding hungry protesters at the venue. Iqbal (23), a volunteer in one of the kitchens, was seen distributing food to supporters on Sunday. &#8220;This is our struggle for freedom. I have kept my roza, but that does not deter me from feeding all these people.&#8221;</p>
<p>Maqsood Ull Hasan Qasmi, president of the Imam Council of India, who was present at Ramlila Maidan, asked fellow Muslims to come out in support of Anna. &#8220;We all are equal sufferers in this. This is our second freedom struggle,&#8221; he said while addressing the gathering.</p>
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		<title>If Anna ends fast, Govt. shall withdraw the Lokpal Bill</title>
		<link>http://bellwort.wordpress.com/2011/08/24/if-anna-ends-fast-govt-shall-withdraw-the-lokpal-bill/</link>
		<comments>http://bellwort.wordpress.com/2011/08/24/if-anna-ends-fast-govt-shall-withdraw-the-lokpal-bill/#comments</comments>
		<pubDate>Wed, 24 Aug 2011 13:10:39 +0000</pubDate>
		<dc:creator>Bellwort Technologies Pvt. Ltd.</dc:creator>
				<category><![CDATA[Lok Pal Bill]]></category>

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		<description><![CDATA[The Indian Govt. has agreed in principle to withdraw the Lokpal Bill if Anna Hazare break his fast with immediate effect. Law Minister Salman Khurshid said the govt. is ready to withdraw the bill but before it does it, Anna shall have to end his fast. All party representatives are requested to give their consent [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=bellwort.wordpress.com&amp;blog=11492305&amp;post=836&amp;subd=bellwort&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>The Indian Govt. has agreed in principle to withdraw the Lokpal Bill if Anna Hazare break his fast with immediate effect.  Law Minister Salman Khurshid said the govt. is ready to withdraw the bill but before it does it, Anna shall have to end his fast. All party representatives are requested to give their consent on the new draft which Anna Team has submitted for consideration.</p>
<p>God Believers Association (GBA) also held its meeting and advised the Law Minister Salman Khurshid to withdraw the bill without delay. To put any condition that Anna should end his fast first may prove a blunder for the govt.</p>
<p>Dr. Raj Baldev, Cosmo Theorist and Lead Man of GBA said, “ The govt. has already committed several political mistakes in this episode, it is better for them not to add a blunder now. If Anna’s health further deteriorates and causes some unfortunate event, the people shall not forgive the Ministers at the helm of the Govt. and Office Bearers of the Ruling Party.</p>
<p>Mr. J.P.Jain, the Govering Member of the God Believers Association (GBA), whose birthday fell today refused to get it celebrated due to deteriorating condition of Mr. Anna Hazare. He pressed the GBA to persuade Law Minister Salman Khurshid to hasten to withdraw the bill lest it is too late.</p>
<p>Three members of Team Anna namely Arvind Kejriwal, Kiran Bedi and Prashant Bhushan, has already held a talk with Law Minister Salman Khurshid, who was accompanied by Sandeep Dikshit. East Delhi MP, Pawan Khera, the aide of  Chief Minister Sheila Dikshit.</p>
<p>Law Minister Salman Khurshid said that the urgency to get Anna Hazare to break his nine-day fast was more important than a &#8220;good Lokpal bill. Anna Hazare should break his fast since the bill can’t be passed before 15 days and it shall be a too late, the fast for Mr. Anna can’t withstand too long. His health is already deteriorating.</p>
<p>&#8220;A good bill can’t come at least before 15 days, hence Mr. Anna must break his fast to pave way for the bill </p>
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		<title>All-party meeting on Lokpal Bill underway</title>
		<link>http://bellwort.wordpress.com/2011/08/24/all-party-meeting-on-lokpal-bill-underway/</link>
		<comments>http://bellwort.wordpress.com/2011/08/24/all-party-meeting-on-lokpal-bill-underway/#comments</comments>
		<pubDate>Wed, 24 Aug 2011 13:09:37 +0000</pubDate>
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				<category><![CDATA[Lok Pal Bill]]></category>

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		<description><![CDATA[The crucial all-party meeting convened by the government is underway at Prime Minister Manmohan Singh&#8217;s residence in Delhi. Finance Minister Pranab Mukherjee, the government&#8217;s chief negotiator, is representing the Congress in the meeting being held to discuss the deadlock over the Lokpal Bill. The meeting has been called by the government in a bid to [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=bellwort.wordpress.com&amp;blog=11492305&amp;post=834&amp;subd=bellwort&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>The crucial all-party meeting convened by the government is underway at Prime Minister Manmohan Singh&#8217;s residence in Delhi.</p>
<p>Finance Minister Pranab Mukherjee, the government&#8217;s chief negotiator, is representing the Congress in the meeting being held to discuss the deadlock over the Lokpal Bill.</p>
<p>The meeting has been called by the government in a bid to build consensus before a decision is taken on the Bill.</p>
<p>In his opening remarks, the prime minister urged political parties to show the government the way forward. This is because the issues raised by Team Anna relate to the functioning of parliamentary democracy, he said.</p>
<p>The prime minister also said the government was prepared to request the Speaker of the Lok Sabha to formally refer the Jan Lokpal Bill also to the Standing Committee &#8220;for their holistic consideration along with everything else&#8221;.</p>
<p>&#8220;The government can formally request the Standing Committee to fast-track their deliberations to the extent reasonably feasible, subject to its discretion and the necessity to reflect deeply and spend adequate time on such an important Bill,&#8221; he said.</p>
<p>Mukherjee was likely to meet Team Anna again on Wednesday after the all-party meeting. But there is a possibility of the Cabinet Committee on Political Affairs meeting before the government negotiates with Team Anna again.</p>
<p>PM expresses concern over Anna&#8217;s health<br />
Prime Minister Manmohan Singh expressed concern over anti-corruption crusader Anna Hazare&#8217;s failing health.</p>
<p>&#8220;Yesterday, I felt that I should take a personal initiative to appeal to Shri Anna Hazareji to end his fast so that we may work together in a spirit of cooperative engagement to bring into existence a strong Lokpal,&#8221; he said.</p>
<p>&#8220;Our common objective is to build a strong and independent institution that will deal effectively with corruption, which is a major challenge that confronts our democracy and our nation,&#8221; he said.</p>
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		<title>India&#8217;s Lokpal Bill, 2011</title>
		<link>http://bellwort.wordpress.com/2011/08/24/indias-lokpal-bill-2011/</link>
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		<pubDate>Wed, 24 Aug 2011 13:08:46 +0000</pubDate>
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				<category><![CDATA[Lok Pal Bill]]></category>

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		<description><![CDATA[The official version of the Lokpal bill defining the role and powers of a Lokpal &#8211; an independent institution to check corruption by higher placed officials within government &#8211; has been tabled in the Parliament. A need voiced out by the people to constitute a mechanism to dealing with complaints of corruption against public functionaries [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=bellwort.wordpress.com&amp;blog=11492305&amp;post=832&amp;subd=bellwort&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>The official version of the Lokpal bill defining the role and powers of a Lokpal &#8211; an independent institution to check corruption by higher placed officials within government &#8211; has been tabled in the Parliament.</p>
<p>A need voiced out by the people to constitute a mechanism to dealing with complaints of corruption against public functionaries in high positions led the central government to constitute a Joint Draft Committee (JDC) on 8th april 2011, to draft the an anti-graft Act.</p>
<p>This Act is called the Lokpal Act,2011 and extends to the whole of India. It also applies to servants outside the country. The Act provides for the establishment of the institution of ‘Lokpal’ to inquire into the allegations of corruption against certain public functionaries and for all other relevant matters.. </p>
<p>Lokpal</p>
<p>The Lokpal is to consist of  a Chairperson, who is or has  been a Chief Justice of India or a judge of the Supreme Court, and eight members out of whom 50% should be judicial members.</p>
<p>The chairperson and the members will be appointed by the President after obtaining the recommendations of a selection committee consisting of the Prime Minister, the Speaker of the House of the People, the Leader of Opposition in the House of the People,the Leader of Opposition in the Council of States, a Union Cabinet Minister nominated by the Prime Minister,one sitting Judge of the Supreme Court nominated by the Chief Justice of India,one eminent Jurist nominated by the central government and one person of eminence in public life who has wide knowledge and experience in anti-corruption policy.</p>
<p>The salary of the chairperson will be the same as that of the  chief justice of India and that of the members will be the same as that of judges of the Supreme Court.</p>
<p>The chairperson or any of the members can be removed from his or her office by the order of the President on the grounds of misbehaviour after the Supreme Court, on a reference being made to it by the President, on a petition being made by at least 100 members of the parliament or by the president on the receipt of a petition made by a citizen of India where the president is satisfied that the petition should be referred.</p>
<p>Powers &amp; Functions</p>
<p>As per the bill, 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. The institution may, by notification, constitute a prosecution wing and appoint a Director of Prosecution and such other officers to assist the Director of Prosecution in the prosecution of public servants in relation to any complaint by the Lokpal under this act.</p>
<p>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, has to be charged on the Consolidated Fund of India and any fees taken by the Lokpal is to form a part of that fund.</p>
<p>Subject to the provisions of this Act, the Lokpal will inquire into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the Prime Minister after he has resigned from office, any other person who is or has been a member of the Union, any person who is or as been a member of either house of Parliament and any group ‘A’ officer in the public services.</p>
<p>A complaint under this Act should only relate to a period during which the public servant is holding or serving in that capacity.</p>
<p>The bill clearly states the procedure of inquiry and investigation. The Lokpal on receipt of a complaint, will either make a preliminary inquiry or direct its Investigation Wing to ascertain whether the matter can be proceeded with or not. Every preliminary investigation is supposed to ordinarily be completed within a period of 30 days and if needed in particular cases, within a further extended deadline of 3 months from the date of receipt of the complaint.</p>
<p>After this the investigating authority shall submit its report to the Lokpal and the Lokpal has to give the public servant a chance of being heard. </p>
<p>The hearing of the case will be made public.</p>
<p>For the purpose of any inquiry, the Lokpal will enjoy all powers of the Civil Court, under the Code of Civil Procedure of 1908 while trying a suit in respect of any of the matters related to summoning and enforcing the attendance of any person and examining him on oath, requiring the discovery and the production of any document, receiving evidence of affidavit, requisitioning any public record or copy thereof from any court or office and issuing commissions for the examination of witnesses or documents.</p>
<p>Special Lokpal courts</p>
<p>The central government shall constitute a 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. These special courts are supposed to ensure completion of each trial within an year of the filing of the case.</p>
<p>The Lokpal is not meant to inquire into any complaint made against the Chairperson or any member and any complaint against the Chairperson or a member shall be made by an application by the party aggrieved, to the president. If on trial a public servant is seen to have been involved in some corrupt practice, then he or she will be liable of making up for the loss to the exchequer if any.</p>
<p>Whoever makes a false or frivolous complaint under this Act shall, on conviction, be punished with imprisonment for at least two. The term of imprisonment can extend to 5 years and with a fine not less than 25 thousand which can be raised to 2 lakhs.</p>
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		<title>JAN LOK BILL</title>
		<link>http://bellwort.wordpress.com/2011/08/24/jan-lok-bill/</link>
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		<pubDate>Wed, 24 Aug 2011 13:07:41 +0000</pubDate>
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				<category><![CDATA[Lok Pal Bill]]></category>

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		<description><![CDATA[The Jan Lokpal Bill (Citizen&#8217;s ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year. Drafted by [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=bellwort.wordpress.com&amp;blog=11492305&amp;post=830&amp;subd=bellwort&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p>The Jan Lokpal Bill (Citizen&#8217;s ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year. </p>
<p>Drafted by Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission. </p>
<p>Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as &#8220;an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption.&#8221;</p>
<p>Anna Hazare, anti-corruption crusader, went on a fast-unto-death in April, demanding that this Bill, drafted by the civil society, be adopted. Four days into his fast, the government agreed to set up a joint committee with an equal number of members from the government and civil society side to draft the Lokpal Bill together. The two sides met several times but could not agree on fundamental elements like including the PM under the purview of the Lokpal. Eventually, both sides drafted their own version of the Bill.</p>
<p>The government has introduced its version in Parliament in this session. Team Anna is up in arms and calls the government version the &#8220;Joke Pal Bill.&#8221; Anna Hazare declared that he would begin another fast in Delhi on August 16. Hours before he was to begin his hunger strike, the Delhi Police detained and later arrested him. There are widespread protests all over the country against his arrest.         </p>
<p>The website of the India Against Corruption movement calls the Lokpal Bill of the government an &#8220;eyewash&#8221; and has on it a critique of that government Bill. </p>
<p>A look at the salient features of Jan Lokpal Bill:</p>
<p>1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up </p>
<p>2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.</p>
<p>3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.</p>
<p>4. The loss that a corrupt person caused to the government will be recovered at the time of conviction. </p>
<p>5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.</p>
<p>6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month&#8217;s time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.</p>
<p>7. But won&#8217;t the government appoint corrupt and weak people as Lokpal members? That won&#8217;t be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process. </p>
<p>8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.</p>
<p>9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician. </p>
<p>10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.</p>
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