DRAFT LOKPAL BILL
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THE LOKPAL BILL, 2011
ARRANGEMENT OF CLAUSES
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT OF LOKPAL
3. Establishment of Lokpal.
4. Appointment of chairperson and other Members and Selection Committee.
5. Filling of vacancies of Chairperson or other Members.
6. Term of office and other conditions of service of Chairperson and Members.
7. Salary, allowances and other conditions of service of Chairperson and Members.
8. Removal and suspension of Chairperson and other Member of Lokpal.
9. Restriction on employment by Chairperson and Members after ceasing to hold office.
10. Member to act as Chairperson or to discharge his functions in certain circumstances.
11. Secretary, other Officers and staff of Lokpal.
CHAPTER III
INVESTIGATION WING
12. Investigation Wing.
13. Investigation officer to have powers of police.
14. Investigation officer to inquire on direction of Lokpal.
CHAPTER IV
PROSECUTION WING
15. Appointment of Prosecution Director.
CHAPTER V
EXPENSES OF INSTITUTION OF LOKPAL TO BE CHARGED ON
CONSOLIDATED FUND OF INDIA
16. Expenses of Lokpal to be charged on Consolidated Fund of India.
CHAPTER VI
JURISDICTION IN RESPECT OF INQUIRY
17. Jurisdiction of Lokpal.
18. Matters pending before any court or committee or authority before inquiry before Lokpal not to be
affected.
19. Constitution of benches of Lokpal.
20. Distribution of business amongst Benches
21. Power of Chairperson to transfer cases
22. Decision to be by majority.
CHAPTER VII
PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION
23. Provisions relating to complaints and inquiry and investigation.
24. Persons likely to be prejudicially affected to be heard.
25. Lokpal may require any public servant or any other person to furnish information, etc.
26. Previous sanction not necessary for investigation and initiating prosecution by Lokpal in certain cases.
27. Action on inquiry in relation to public servants not being minsters or Members of Parliament.
28. Action on inquiry against public servant being ministers or Members of Parliament.
CHAPTER VIII
POWERS OF LOKPAL
29. Search and seizure.
30. Lokpal to have powers of civil court in certain cases.
31. Power to punish for contempt.
32. Power of Lokpal to utilise services of officers of Central or State Government.
33. Provisional attachment of assets.DRAFT LOKPAL BILL
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34. Confirmation of attachment of assets.
35. Power of Lokpal to recommend discontinuance of activity connected with allegation of corruption.
36. Power of Lokpal to give directions to prevent destruction of records during inquiry.
37. Power to delegate.
CHAPTER IX
SPECIAL COURTS
38. Special Courts to be notified by Central Government.
39. Letter of request to a contracting State in certain cases.
CHAPTER X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPAL
40. Complaints against Chairperson and Members not to be inquired by Lokpal.
41. Complaints against officials of Lokpal.
CHAPTER XI
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT
42. Assessment of loss and recovery thereof by Special Court.
CHAPTER XII
FINANCE, ACCOUNTS AND AUDIT
43. Budget.
44. Grants by Central Government.
45. Annual statement of accounts.
46. Furnishing of returns, etc., to Central Government.
CHAPTER XIII
DECLARATION OF ASSETS
47. Declaration of assets.
48. Presumption as to acquisition of assets by corrupt means in certain cases.
CHAPTER XIV
CITIZENS’ CHARTER
49. Citizens’ charter.
CHAPTER XV
OFFENCES AND PENALTIES
50. Prosecution for false complaint and payment of compensation, etc., to public servant.
51. False complaint made by society or association of persons or trust.
CHAPTER XVI
MISCELLANEOUS
52. Protection of action taken in good faith by any public servant.
53. Protection of action taken in good faith by others.
54. Members, officers and employees of Lokpal to be public servants.
55. Bar of Jurisdiction.
56. Act to have overriding effect.
57. Provision of this Act to be in addition of other laws.
58. Amendment of certain enactments.
59. Power to make rules.
60. Power of Lokpal to make regulations.
61. Laying of rules and regulations.
62. Power to remove difficulties.
THE FIRST SCHEDULE
THE SECOND SCHEDULEDRAFT LOKPAL BILL
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THE LOKPAL BILL, 2011
A
BILL
to provide for the establishment of the institution of Lokpal to inquire into
allegations of corruption against certain public functionaries and for
matters connected therewith.
WHEREAS the Constitution of India established a democratic Republic to
ensure justice for all;
AND WHEREAS good governance is the bedrock of democracy and the
guarantee of development as a right of the citizen;
AND WHEREAS Parliament has progressively and incrementally
contributed to the body of law to fulfil the aspirations of the citizens of
India;
AND WHEREAS various institutions of governance as well as democratic
institutions have worked to strengthen participatory democracy;
AND WHEREAS the rapid growth of democratic and economic institutions
have brought new challenges of accountability and integrity in the course
of governance;
AND WHEREAS graft and corruption have become a serious menace to
society and governance;
AND WHEREAS serious concerns have been expressed about the grave
consequences of corruption in high places;
AND WHEREAS India is a signatory to the United Nations Convention
Against Corruption;
AND WHEREAS the country’s commitment to clean and responsive
governance has to be reflected in an effective institution to contain and
punish acts of corruption;
NOW, THEREFORE, it is expedient to provide for prompt and fair
investigation and prosecution of cases of corruption. DRAFT LOKPAL BILL
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BE it enacted by Parliament in the Sixty‐second Year of the Republic of
India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Lokpal Act, 2011.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint; and different dates
may be appointed for different provisions of this Act and any reference in
any provision to the commencement of this Act shall be construed as
reference to the coming into force of that provision.
Short title and
commencement.
2. (1) In this Act, unless the context otherwise requires,— Definitions.
(a) “Bench” means a Bench of the Lokpal;
(b) “Chairperson” means the Chairperson of the Lokpal;
(c) “competent authority”, in relation to—
(i) a member of the Council of Ministers, means the Prime
Minister;
(ii) a member of Parliament other than a Minister means the
Council of States in the case of a member of that Council and the
House of the People in the case of a member of that House;
(iii) an officer in the Ministry or Department of the Central
Government means the Minister in charge of the Ministry or
Department under which such officer is serving;
(iv) a chairperson or members of any body, or Board or
corporation or authority or company or society or autonomous
body (by whatever name called) established or constituted under an
Act of Parliament or wholly or partly financed by the Central
Government or controlled by it means the Minister in charge of the
administrative Ministry of such body, or Board or corporation or
authority or company or society or autonomous body;
(v) an officer of any body or Board or corporation or authority or
company or society or autonomous body (by whatever name called)
established or constituted under an Act of Parliament or wholly or
partly financed by the Central Government or controlled by it means
the head of such body or Board or corporation or authority or
company or society or autonomous body;
(d) “complaint” means a complaint alleging that a public servant has
committed an offence punishable under the Prevention of Corruption
Act, 1988;
(e) “inquiry” means every inquiry conducted under this Act by the
Lokpal;
(f) “Judicial Member” means a Judicial Member of the Lokpal
appointed as such;
49 of 1988.DRAFT LOKPAL BILL
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(g) “Lokpal” means the institution established under section 3;
(h) “Member” means a Member of the Lokpal;
(i) “Minister” means an Union Minister but does not include the
Prime Minister;
(j) “notification” means notification published in the Official Gazette and
the expression “notify” shall be construed accordingly;
(k) “prescribed” means prescribed by rules made under this Act;
(l) “public servant” means a person referred to in clauses (a) to (e)
of sub‐section (1) of section 17;
(m) “regulations” means regulations made under this Act;
(n) “Schedule” means a Schedule to this Act;
(o) “Special Court” means a Special Court appointed under sub‐
section (1) of section 3 of the Prevention of Corruption Act, 1988.
49 of 1988.
(2) Words and expressions used herein and not defined in this Act
but defined in the Prevention of Corruption Act, 1988, shall have the
meanings respectively assigned to them in that Act.
CHAPTER II
ESTABLISHMENT OF LOKPAL
3. (1) As from the commencement of this Act, there shall be
established, for the purpose of making inquiries in respect of complaints
made under this Act, an institution to be called the “Lokpal”.
(2) The Lokpal shall consist of—
(a) a Chairperson; and
(b) ten Members, out of whom at least four shall be Judicial
Members.
Establishment of
Lokpal.
(3) A person shall be eligible to be appointed,—
(a) as the Chairperson or a Member if he is a person of impeccable
integrity, outstanding ability and standing having special knowledge of,
and professional experience of not less than twenty‐five years in, public
affairs, administrative law and policy, academics, commerce and
industry, law, finance or management;
(b) as a Judicial Member if he is or has been a Chief Justice of a High
Court or a Judge of the Supreme Court.
(4) The Chairperson or a Member shall not be a member of Parliament
or a member of the Legislature of any State or Union territory and shall not
hold any office of trust or profit (other than his office as the Chairperson or
a Member) or be connected with any political party or carry on any
business or practise any profession and accordingly, before he enters upon
his office, a person appointed as the Chairperson or a Member, as the case
may be, shall, if –
(a) he is a member of Parliament or of the Legislature of any StateDRAFT LOKPAL BILL
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or Union territory, resign from such membership; or
(b) he holds any office of trust or profit, resign from such office; or
(c) he is connected with any political party, sever his connection
with it; or
(d) he is carrying on any business, sever his connection with the
conduct and management of such business; or
(e) he is practicing any profession, cease to practise such
profession.
(5) The Chairperson and every Member shall, before entering upon his
office, make and subscribe before the President an oath or affirmation in
the form set out in the First Schedule.
Appointment of
Chairperson
and other
Members and
Selection
Committee.
4. (1) The Chairperson and Members shall be appointed by the
President after obtaining the recommendations of a Selection Committee
consisting of—
(a) the Prime Minister — chairperson;
(b) the Speaker of the House of the People —member;
(c) the Leader of the House other than the House in which the
Prime Minister is a Member of Parliament —member;
(d) the Minister in‐charge of the Ministry of Home Affairs in the
Government of India —member;
(e) the Leader of the Opposition in the House of the People—
member;
(f) the Leader of the Opposition in the Council of States — member:
Provided that in case, there is no Leader of Opposition in the House
of the People or the Council of States, the leader of the single largest
group or party in opposition to the Government, as the case may be, in
such House or Council shall be deemed to be a member of the
Committee specified in clause (e) or clause (f), as the case may be:
(g) one sitting Judge of the Supreme Court to be nominated by the
Chief Justice of India—member;
(h) one sitting Chief Justice of a High Court to be nominated by the
Chief Justice of India—member;
(i) the President of the National Academy of Sciences, India, being a
society registered under the Societies Registration Act, 1860 or the
senior most National Professor — member;
(j) Cabinet Secretary—secretary.
(2) No appointment of a Chairperson or a Member shall be invalid
merely by reason of any vacancy in the Committee.
21 of 1860.
(3) The Selection Committee may, if it considers necessary for the
purposes of selecting the Chairperson and other members of the Lokpal
and for preparing a panel of persons to be considered for appointment asDRAFT LOKPAL BILL
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such, constitute a Search Committee consisting of such persons of
impeccable integrity and outstanding ability and standing having special
knowledge of, and professional experience of not less than twenty‐five
years in, public affairs, administrative law and policy, academics,
commerce and industry, law, finance, management, or in any other matter
which in the opinion of the Selection Committee, may be useful in making
selection of Chairperson and other Members of the Lokpal.
(4) The Selection Committee shall regulate its own procedure for
selecting the Chairperson and Members of the Lokpal which shall be
transparent.
(5) The term of the search committee referred to in sub‐section (3) and
fee and allowances payable to the members of the search committee and
the manner of selection of panel of names shall be such as may be
prescribed.
Filling of
vacancies of
Chairperson or
other
Members.
5. The President shall take or cause to be taken all necessary steps for
the appointment of a new Chairperson and other Members at least three
months before the expiry of the term of such Chairperson or Member, as
the case may be, in accordance with the procedure laid down in this Act.
Term of office
of Chairperson
and Members.
6. The Chairperson and every other Member shall, on the
recommendations of the Selection Committee, be appointed by the
President by warrant under his hand and seal and hold office as such for a
term not exceeding five years from the date on which he enters upon his
office or until he attains the age of seventy years, whichever is earlier:
Provided that he may—
(a) by writing under his hand addressed to the President, resign his
office; or
(b) be removed from his office in the manner provided in section 8.
Salary,
allowances and
other
conditions of
service of
Chairperson
and Members.
7. The salary, allowances and other conditions of service of—
(i) the Chairperson shall be the same as those of the Chief Justice of
India;
(ii) other Members shall be the same as those of a Judge of the
Supreme Court:
Provided that if the Chairperson or a Member is, at the time of his
appointment, in receipt of pension (other than disability pension) in
respect of any previous service under the Government of India or under
the Government of a State, his salary in respect of service as the
Chairperson or, as the case may be, as a Member, be reduced—
(a) by the amount of that pension; and
(b) if he has, before such appointment, received, in lieu of a portion
of the pension due to him in respect of such previous service, the
commuted value thereof, by the amount of that portion of the pension:
Provided further that the salary, allowances and pension payable
to, and other conditions of service of, the Chairperson or a Member shallDRAFT LOKPAL BILL
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not be varied to his disadvantage after his appointment.
Removal and
suspension of
Chairperson
and other
Member of
Lokpal.
8. (1) Subject to the provisions of sub‐section (3), the Chairperson or
any other Member shall be removed from his office by order of the
President on grounds of misbehaviour after the Supreme Court, on a
reference being made to it by the President, has, on inquiry held in
accordance with the procedure prescribed in that behalf, reported that the
Chairperson or such other Member, as the case may be, ought on any such
ground to be removed.
(2) The President may suspend from office the Chairperson or any
other Member in respect of whom a reference has been made to the
Supreme Court under sub‐section (1) until the President has passed orders
on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub‐section (1), the
President may by order remove from the office the Chairperson or any
other Member if the Chairperson or such other Member, as the case may
be,—
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment
outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by
reason of infirmity of mind or body.
(4) If the Chairperson or any other Member is or becomes in any way
concerned or interested in any contract or agreement made by or on
behalf of the Government of India or the Government of a State or
participates in any way in the profit thereof or in any benefit or
emolument arising therefrom otherwise than as a member and in common
with the other members of an incorporated company, he shall, for the
purposes of sub‐section (1), be deemed to be guilty of misbehaviour.
Restriction on
employment by
Chairperson
and Members
after ceasing to
hold office.
9. (1) On ceasing to hold office, the Chairperson and every other
Member shall be ineligible for—
(i) re‐appointment as the Chairperson or a Member of the Lokpal;
(ii) any diplomatic assignment, appointment as administrator of a
Union territory and such other assignment or appointment which is
required by law to be made by the President by warrant under his hand
and seal;
(iii) further employment to any other office of profit under the
Government of India or the Government of a State;
(iv) contesting any election of President or Vice President or Member of
either House of Parliament or Member of either House of State Legislature
or Municipality or Panchayat.
(2) Notwithstanding anything contained in sub‐section (1), a Member
shall be eligible to be appointed as a Chairperson, if his total tenure as
Member and Chairperson does not exceed five years.DRAFT LOKPAL BILL
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Member to act
as Chairperson
or to discharge
his functions in
certain
circumstances.
10. (1) In the event of the occurrence of any vacancy in the office of
Chairperson by reason of his death, resignation or otherwise, the President
may, by notification, authorise the senior‐most Member to act as the
Chairperson until the appointment of a new Chairperson to fill such
vacancy.
(2) When the Chairperson is unable to discharge his functions owing to
absence on leave or otherwise, the senior‐most Member available, as the
President may, by notification, authorise in this behalf, shall discharge the
functions of the Chairperson until the date on which the Chairperson
resumes his duties.
Secretary, other
Officers and
staff of Lokpal.
11. (1) The appointment of secretary and other officers and staff of the
Lokpal shall be made by the Chairperson or such other Member or officer
of Lokpal as the Chairperson may direct:
Provided that the President may by rule require that the appointment
in respect of any post or posts as may be specified in the rule, shall be
made after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the
conditions of service of secretary and other officers and staff of the Lokpal
shall be such as may be specified by regulations made by the Lokpal for the
purpose:
Provided that the regulations made under this sub‐section shall, so far
as they relate to salaries, allowances, leave or pensions, require the
approval of the President.
CHAPTER III
INVESTIGATION WING
Investigation
Wing.
12. Notwithstanding anything contained in any law for the time being
in force, the Lokpal shall constitute an Investigation Wing for the purpose
of conducting investigation of any offence alleged to have been committed
by a public servant punishable under the Prevention of Corruption Act,
1988:
49 of 1988.
Provided that till such time the Investigation Wing is constituted by
the Lokpal, the Central Government shall make available such number of
investigation officers and other staff from such of its Ministries or
Departments, as may be required by the Lokpal, for carrying out
investigation under this Act.
Investigation
officer to have
powers of
police.
13. (1) No investigation shall be made by an investigation officer of
the Investigation Wing below the rank of a Deputy Superintendent of
Police or by any other officer of equivalent rank.
(2) The investigation officers of the Investigation Wing shall have in
relation to the investigation of such offences, all the powers, duties,
privileges and liabilities which police officers have in connection with the
investigation of such offences.
Investigation
officer to
inquire on
direction of
14. (1) The Lokpal may, before holding any inquiry under this Act, by an
order, require the investigation officer of its Investigation Wing to make, or
cause to be made, a preliminary investigation in such manner as it mayDRAFT LOKPAL BILL
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Lokpal.
direct and submit a report to the Lokpal, within such time as may be
specified by the Lokpal, to enable it to satisfy itself as to whether or not
the matter requires to be inquired into by the Lokpal.
(2) The investigation officer on receipt of an order under sub‐section (1)
shall complete the investigation and submit his report within the time
specified under that sub‐section.
CHAPTER IV
PROSECUTION WING
Appointment of
Prosecution
Director.
15. (1) The Lokpal may, by notification, constitute a prosecution wing
and appoint a prosecution Director and such other officers and employees
to assist the prosecution Director for the purpose of prosecution of public
servants in relation to any complaint by the Lokpal under this Act.
(2) The prosecution Director shall, after having been so directed by the
Lokpal, file a complaint before the Special Court, and take all necessary
steps in respect of the prosecution of public servants in relation to any
offence punishable under the Prevention of Corruption Act, 1988. 49 of 1988.
CHAPTER V
EXPENSES OF INSTITUTION OF LOKPAL TO BE CHARGED ON
CONSOLIDATED FUND OF INDIA
Expenses of
Lokpal to be
charged on
Consolidated
Fund of India.
16. The expenses of the Lokpal, including all salaries, allowances and
pensions payable to or in respect of the Chairperson, members or
secretary or other officers or staff of the Lokpal, shall be charged on the
Consolidated Fund of India and any fees or other moneys taken by the
Lokpal shall form part of that Fund.
CHAPTER VI
JURISDICTION IN RESPECT OF INQUIRY
Jurisdiction of
Lokpal.
17. (1) Subject to the other provisions of this Act, the Lokpal shall
inquire into any matter involved in, or arising from, or connected with, any
allegation of corruption by a public servant made in a complaint in respect
of the following, namely:—
(a) any person who is or has been a Minister of the Union other than
the Prime Minister;
(b) any person who is or has been a Member of either House of
Parliament;
(c) any Group ‘A’ officer or equivalent or above, when serving or
who has served, in connection with the affairs of the Union;
(d) any chairperson or member or officer equivalent to Group ‘A’
officer referred to in clause (c) or equivalent or above in any body or
Board or corporation or authority or company or society or
autonomous body (by whatever name called) established or constituted
under an Act of Parliament or wholly or partly financed by the Central
Government or controlled by it;
(e) any director, manager, secretary or other officer of every otherDRAFT LOKPAL BILL
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society or association of persons or trust (whether registered under
any law for the time being in force or not) wholly or partly financed by
the Government or in receipt of any sums under the Foreign
Contribution (Regulation) Act, 1976 or any donation from the public:
Provided that the Lokpal shall not inquire into any matter involved in,
or arising from, or connected with, any such allegation of corruption
against any Member of either House of Parliament in respect of anything
said or a vote given by him in Parliament or any committee thereof
covered under the provisions contained in clause (2) of article 105 of the
Constitution.
(2) The Lokpal may inquire into any act or conduct of any person other
than those referred to in sub‐section (1), if such person is associated with
the allegation of corruption under the Prevention of Corruption Act, 1988.
(3) No matter in respect of which a complaint has been made to the
Lokpal under this Act, shall be referred for inquiry under the Commissions
of Inquiry Act, 1952.
49 of 1976.
45 of 1988.
60 of 1952.
Matters
pending before
any court or
committee or
authority
before inquiry
before Lokpal
not to be
affected.
18. In case any matter or proceeding related to allegation of corruption
under the Prevention of Corruption Act, 1988 has been pending before any
court or committee of either House of Parliament or before any other
authority prior to commencement of this Act or prior to commencement of
any inquiry after the commencement of this Act, such matter or
proceeding shall be continued before such court, committee or authority.
49 of 1988.
Explanation.— For the removal of doubts, it is herby declared that
continuance of such matter or proceeding before any court or committee
of either House of Parliament or before any other authority, except for
such matters as are protected under clause (2) of article 105 of the
Constitution or are pending before a court, shall not affect the power of
the Lokpal to inquire into such matter under this Act.
Constitution of
benches of
Lokpal.
19. (1) Subject to the provisions of this Act, —
(a) the jurisdiction of the Lokpal may be exercised by benches
thereof;
(b) a bench may be constituted by the Chairperson with two or
more Members as the Chairperson may deem fit;
(c) every bench shall ordinarily consist of at least one Judicial
Member;
(d) where a bench consists of the Chairperson, such bench shall be
presided over by the Chairperson;
(e) where a bench consists of a Judicial Member, and a non‐Judicial
Member, not being the Chairperson, such bench shall be presided over
by the Judicial Member;
(f) the benches of the Lokpal shall ordinarily sit at New Delhi and at
such other places as the Lokpal may, by regulations, specify.DRAFT LOKPAL BILL
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(2) The Lokpal shall notify the areas in relation to which each bench of
the Lokpal may exercise jurisdiction.
(3) Notwithstanding anything contained in sub‐section (2), the
Chairperson shall have the power to constitute or reconstitute benches
from time to time.
(4) If at any stage of the hearing of any case or matter it appears to the
Chairperson or a Member that the case or matter is of such a nature that it
ought to be heard by a bench consisting of three or more Members, the
case or matter may be transferred by the Chairperson or, as the case may
be, referred to him for transfer, to such bench as the Chairperson may
deem fit.
Distribution of
business
amongst
Benches
20. Where benches are constituted, the Chairperson may, from time to
time, by notification, make provisions as to the distribution of the business
of the Lokpal amongst the benches and also provide for the matters which
may be dealt with by each bench.
Power of
Chairperson to
transfer cases
21. On an application for transfer made by the complainant or the
public servant, the Chairperson, after giving an opportunity of being heard
to the complainant or the public servant, as the case may be, may transfer
any case pending before one bench for disposal to any other bench.
Decision to be
by majority.
22. If the Members of a bench consisting of two Members differ in
opinion on any point, they shall state the point or points on which they
differ, and make a reference to the Chairperson who shall either hear the
point or points himself or refer the case for hearing on such point or points
by one or more of the other Members of the Lokpal and such point or
points shall be decided according to the opinion of the majority of the
Members of the Lokpal who have heard the case, including those who first
heard it.
CHAPTER VII
PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION
Provisions
relating to
complaints and
inquiry and
investigation.
23. (1) The Lokpal, on receipt of a complaint, may either make
preliminary inquiry or direct its Investigation Wing, to make a preliminary
investigation to ascertain whether there exists a prima facie case for
proceeding in the matter.
(2) Every preliminary inquiry or preliminary investigation referred to in
sub‐section (1) shall ordinarily be completed within a period of thirty days
and for reasons to be recorded in writing, within a further period of three
months from the date of receipt of the complaint.
(3) Upon completion of the preliminary investigation, the investigating
authority shall submit its report to the Lokpal.
(4) Before the Lokpal comes to the conclusion in the course of a
preliminary inquiry and after submission of a report referred to in sub‐
section (3) that a prima facie is made out against the public servant
pursuant to such a preliminary inquiry, the Lokpal shall afford the publicDRAFT LOKPAL BILL
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servant an opportunity to be heard consistent with principles of natural
justice.
(5) Where the Lokpal, after receiving the report of the investigating
authority pursuant to a preliminary investigation or conclusion of the
preliminary inquiries as referred to in sub‐section (1) is satisfied that no
prima facie case is made out for proceeding further in the matter, the
complaint shall be closed and the decision thereon be communicated to
the complainant and the public servant.
(6) Where the Lokpal is of the opinion that prima facie case is made out
and refers the matter for investigation, upon completion of such
investigation and before filing the charge sheet, the public servant against
whom such investigation is being conducted shall be given an opportunity
to be heard consistent with the principles of natural justice.
(7) Every inquiry conducted by the Lokpal, upon being satisfied that a
prima facie case is made out, shall be open to the public provided that in
exceptional circumstances and for reasons to be recorded in writing by the
Lokpal, such inquiry may be conducted in camera.
(8) In case the Lokpal proceeds to inquire into the complaint, it shall
hold such inquiry as expeditiously as possible and complete the inquiry
within a period of six months from the date of receipt of the complaint
which, for reasons to be recorded in writing, may be extended by a further
period of six months.
(9) The public servant against whom an inquiry is being conducted
under sub‐section (8) shall be given an opportunity to be heard consistent
with the principles of natural justice.
(10) Where in a case the Lokpal is of the opinion and reason to be
recorded in writing that it is not in the interest of justice to either hold a
preliminary inquiry or preliminary investigation, it may refer the matter for
investigation.
(11) Upon completion of such investigation but before filing a charge
sheet, the investigating authority shall place the records in its possession
along with it prima facie conclusion before the Lokpal who shall before
directing that a charge sheet be filed afford the public servant concerned
an opportunity to be heard consistent with the principles of natural justice.
(12) If the Lokpal proposes to inquire into a complaint, it may, at any
stage,—
(a) pass appropriate orders for safe custody of the documents
relevant to the inquiry as it deems fit; and
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along with all relevant material relied upon and afford him an
opportunity to represent his case.
(13) The website of the Lokpal shall, from time to time and in such
manner as may be specified by regulations, display to the public, the status
of number of complaints pending before it or disposed of by it.
(14) The Lokpal may withhold the records and evidence which are likely
to impede the process of inquiry or conduct of a case by it or the Special
Court.
(15) Save as otherwise provided, the manner and procedure of
conducting an inquiry or investigation under this Act, shall be such as may
be specified by regulations.
Persons likely to
be prejudicially
affected to be
heard.
24. If, at any stage of the proceeding, the Lokpal—
(a) considers it necessary to inquire into the conduct of any person
other than the prospective accused; or
(b) is of opinion that the reputation of any person other than a
accused is likely to be prejudicially affected by the inquiry,
the Lokpal shall give to that person a reasonable opportunity of being
heard in the inquiry and to produce evidence in his defence, consistent
with the principles of natural justice:
Provided that nothing in this section shall apply where the credibility
of a witness is being impeached.
Lokpal may
require any
public servant
or any other
person to
furnish
information,
etc.
25. (1) Subject to the provisions of this Act, for the purpose of any
inquiry or investigation, the Lokpal or the investigating authority, as the
case may be, may require any public servant or any other person who, in
its opinion, is able to furnish information or produce documents relevant
to such inquiry or investigation, to furnish any such information or produce
any such document.
Previous
sanction not
necessary for
investigation
and initiating
prosecution by
Lokpal in
certain cases.
26. (1) No sanction or permission or authorisation shall be required by
the Lokpal or its Investigation Wing under section 6A of the Delhi Special
Police Establishment Act, 1946, or section 197 of the Code of Criminal
Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988
for the purpose of making inquiry by the Lokpal or investigation by its
Investigation Wing into any complaint against any public servant or for
filing of any complaint in respect thereof before the Special Court under
this Act.
(2) A Special Court may, notwithstanding anything contained in section
6A of the Delhi Special Police Establishment Act, 1946, or section 197 of
the Code of Criminal Procedure, 1973 or section 19 of the Prevention of
Corruption Act, 1988, on a complaint filed by the Lokpal or any officer
authorised by it in this behalf, take cognizance of offence committed by
any public servant.
(3) Nothing contained in sub‐sections (1) and (2) shall apply in respect of
25 of 1946.
2 of 1974.
49 of 1988.
25 of 1946.
2 of 1974.
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the persons holding the office in pursuance of the provisions of the
Constitution and in respect of which a procedure for removal of such
person has been specified therein.
(4) The provisions contained in sub‐sections (1), (2) and (3) shall be
without prejudice to the generality of the provisions contained in article
311 and sub‐clause (c) of clause (3) of article 320 of the Constitution.
Action on
inquiry in
relation to
public servants
not being
minsters or
Members of
Parliament.
27. (1) Where after the conclusion of the inquiry or investigation, the
findings of the Lokpal disclose the commission of an offence under the
Prevention of Corruption Act, 1988 by a public servant referred to in clause
(c) or clause (d) of sub‐section (1) of section 17, the Lokpal may—
(a) ) file a case in the Special Court and send a copy of the report
together with its findings to the competent authority;
(b) recommend to the competent authority the initiation of
discliplinary proceedings under the rules of disciplinary proceedings
applicable to such public servant;
(c) provide a copy of the report to the public servant or his
representative;
(2) The competent authority shall, within a period of thirty days of the
receipt of recommendation under clause (b) of sub‐section (1), initiate
disciplinary proceedings against the delinquent public servant accused of
committing offence under the Prevention of Corruption Act, 1988 and
forward its comments on the report, including the action taken or
proposed to be taken thereon, to the Lokpal ordinarily within six months of
initation of such disciplinary proceedings.
49 of 1988.
49 of 1988.
Action on
inquiry against
public servant
being ministers
or Members of
Parliament.
28. (1) (1) Where after the conclusion of the inquiry or investigation,
the findings of the Lokpal disclose the commission of an offence under the
Prevention of Corruption Act, 1988 by a public servant referred to in clause
(a) or clause (b) of sub‐section (1) of section 17, the Lokpal may file a case
in the Special Court and shall send a copy of the report together with its
findings to the competent authority;
(2) The Speaker, in the case of the Minister or a Member of the House
of the People, and the Chairman of the Council of States, in the case of a
Member of that Council shall, as soon as may be, after the receipt of
report under sub‐section (1), cause the same to be laid before the House
of the People or the Council of States, as the case may be, while it is in
session, and if the House of the People or the Council of States, as the case
may be, is not in session, within a period of one week from the reassembly
of the said House or the Council, as the case may be.
(3) The competent authority shall examine the report forwarded to it
under sub‐section (1) and communicate to the Lokpal, within a period of
ninety days from the date of receipt of the report, the action taken or
proposed to be taken on the basis of the report.
Explanation.— In computing the period of ninety days referred to in
this sub‐section, any period during which Parliament or, as the case may
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be, either House of Parliament, is not in session, shall be excluded.
CHAPTER VIII
POWERS OF LOKPAL
Search and
seizure.
29. (1) If the Lokpal has reason to believe that any document which, in
its opinion, shall be useful for, or relevant to, any investigation or inquiry
under this Act, are secreted in any place, it may authorise any officer of
Investigation Wing, to search for and to seize such documents.
(2) If the Lokpal is satisfied that any document seized under sub‐
section (1) would be evidence for the purpose of any investigation or
inquiry under this Act and that it would be necessary to retain the
document in its custody or in the custody of such officer as may be
authorised, it may so retain or direct such officer authorised to retain such
document till the completion of such investigation or inquiry:
Provided that where any document is required to be returned, the
Lokpal or the authorised officer may return the same after retaining copies
of such document duly authenticated.
(3) The provisions of the Code of Criminal Procedure, 1973 relating to
searches shall, so far as may be, apply to searches under this section
subject to the modification that sub‐section (5) of section 165 of the said
Code shall have effect as if for the word “Magistrate”, wherever it occurs
therein, the words “Lokpal or any officer authorised by it” were
substituted.
2 of 1974.
Lokpal to have
powers of civil
court in certain
cases.
30. (1) Subject to the provisions of this section, for the purpose of any
inquiry, the Lokpal shall have all the powers of a civil court, under the Code
of Civil Procedure, 1908, while trying a suit in respect of the following
matters, namely:—
(i) summoning and enforcing the attendance of any person and
examining him on oath;
(ii) requiring the discovery and production of any document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or copy thereof from any court
or office;
(v) issuing commissions for the examination of witnesses or
documents:
Provided that such commission, in case of a witness, shall be issued
only where the witness, in the opinion of the Lokpal, is not in a position
to attend the proceeding before the Lokpal; and
(vi) such other matters as may be prescribed.
(2) Any proceeding before the Lokpal shall be deemed to be a judicial
proceeding within the meaning of section 193 of the Indian Penal Code.
Explanation.— For the purposes of this section, “public servant” shall
5 of 1908.
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have the same meaning as is in section 21 of the Indian Penal Code.
Power to
punish for
contempt.
31. The Lokpal shall have, and exercise, jurisdiction, powers and
authority in respect of contempt of itself as the High Court has and may
exercise such power or authority, for this purpose under the provisions of
the Contempt of Courts Act, 1971, which shall have effect subject to the
modification that—
(a) any reference therein to a High Court shall be construed as
including a reference to the Lokpal;
(b) any reference to the Advocate General in section 15 of the said
Act shall be construed as a reference to such law officer as the Lokpal
may specify in this behalf:
Provided that such matters shall be heard by a Special Bench consisting
of five Members constituted by the Chairperson.
70 of 1971.
Power of Lokpal
to utilise
services of
officers of
Central or State
Government.
32. (1) The Lokpal may, for the purpose of conducting any inquiry,
utilise the services of any officer or investigation agency of the Central
Government or any State Government, as the case may be.
(2) For the purpose of investigating into any matter pertaining to the
inquiry, any officer or agency whose services are utilised under sub‐section
(2) may, subject to the direction and control of the Lokpal,—
(a) summon and enforce the attendance of any person and examine
him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office.
(3) The officer or agency whose services are utilised under sub‐section
(2) shall investigate into any matter pertaining to the inquiry and submit a
report thereon to the Lokpal within such period as may be specified by the
Lokpal in this behalf.
Provisional
attachment of
assets.
33. (1) Where the Lokpal or any investigation officer authorised by it in
this behalf, has reason to believe, the reason for such belief to be be
recorded in writing, on the basis of material in his possession, that—
(a) any person is in possession of any proceeds of corruption;
(b) such person is accused of having committed an offence relating
to corruption; and
(c) such proceeds of offence are likely to be concealed, transferred
or dealt with in any manner which may result in frustrating any
proceedings relating to confiscation of such proceeds of offence, he
may, by order in writing, provisionally attach such property for a period
not exceeding ninety days from the date of the order, in the manner
provided in the Second Schedule to the Income‐tax Act, 1961 and the
Lokpal shall be deemed to be an officer under sub‐rule (e) of rule 1 of
that Schedule:
(2) The Lokpal shall, immediately after attachment under sub‐section
(1), forward a copy of the order, along with the material in his possession,
43 of 1961.DRAFT LOKPAL BILL
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referred to in that sub‐section, to the Special Court, in a sealed envelope,
in the manner as may be prescribed and such Court may extend the order
of attachment and keep such material for such period as the Court may
deem fit.
(3) Every order of attachment made under sub‐section (1) shall cease
to have effect after the expiry of the period specified in that sub‐section or
after the expiry of the period as directed by the Special Court under sub‐
section (2).
(4) Nothing in this section shall prevent the person interested in the
enjoyment of the immovable property attached under sub‐section (1) or
sub‐section (2), from such enjoyment.
Explanation.— For the purposes of this sub‐section, “person
interested”, in relation to any immovable property, includes all persons
claiming or entitled to claim any interest in the property.
Confirmation of
attachment of
assets.
34. (1) The Lokpal, when it provisionally attaches any property under
sub‐section (1) of section 33 shall, within a period of thirty days of such
attachment, direct its prosecution wing to file an application stating the
facts of such attachment before the Special Court and make a prayer for
confirmation of attachment of the property till completion of the
proceedings against the public servant in the Special Court.
(2) The Special Court may, if it is of the opinion that the property
provisionally attached had been acquired through corrupt means, make an
order for confirmation of attachment of such property till the completion
of the proceedings against the public servant in the Special Court.
(3) If the public servant is subsequently acquitted of the charges framed
against him, the property, subject to the orders of the Special Court, shall
be restored to the concerned public servant along with benefits from such
property as might have accrued during the period of attachment.
(4) If the public servant is subsequently convicted of the charges of
corruption, the proceeds relatable to the offence under the Prevention of
Corruption Act, 1988 shall be confiscated and vest in the Central
Government free from any encumbrance or leasehold interest excluding
any debt due to any bank or financial institution.
Explanation.— For the purposes of this sub‐section, the expressions
“bank”, “debt” and “financial institution” shall have the meanings
respectively assigned to them in clauses (d), (g) and (h) of section 2 of the
Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
49 of 1988.
51 of 1993.
Power of Lokpal
to recommend
transfer or
suspension of
public servant
connected with
allegation of
corruption .
35. (1) Where the Lokpal, while making an inquiry into allegations of
corruption, is prima facie satisfied, on the basis of evidence available, that‐
(a) the continuance of the public servant referred to in clause (c) or
clause (d) of sub‐section (1) of section 17 in his post while conducting
the inquiry is likely to affect such inquiry adversely; or
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any way tamper with the evidence or influence witnesses,
then, the Lokpal may recommend to the Central Government for transfer
or suspension of such public servant from the post held by him till such
period as may be specified in the order.
(2) The Central Government shall ordinarily accept the
recommendation of the Lokpal made under sub‐section (1), except for the
reasons to be recorded in writing in a case where it is not feasible for
administrative reasons.
Power of Lokpal
to give
directions to
prevent
destruction of
records during
inquiry.
36. The Lokpal may, in discharge of its functions under this Act, issue
appropriate directions to a public servant entrusted with the preparation
or custody of any document or record—
(a) to protect such document or record from destruction or damage;
or
(b) to prevent the public servant from altering or secreting such
document or record; or
(c) to prevent the public servant from transferring or alienating any
assets allegedly acquired by him through corrupt means.
Power to
delegate.
37. The Lokpal may, by general or special order in writing, and subject
to such conditions and limitations as may be specified therein, direct that
any administrative or financial power conferred on it may also be exercised
or discharged by such of its Members or officers or employees as may be
specified in the order.
CHAPTER IX
SPECIAL COURTS
Special Courts
to be notified
by Central
Government.
38. (1) The Central Government shall constitute such number of Special
Courts, as recommended by the Lokpal, to hear and decide the cases
arising out of the Prevention of Corruption Act, 1988 or under this Act.
(2) The Special Courts constituted under sub‐section (1) shall ensure
completion of each trial within a period of one year from the date of filing
of the case in the Court:
Provided that in case the trial cannot be completed within a period of
one year, the Special Court shall record reasons therefor and complete the
trial within a further period of not more than three months or such further
periods not exceeding three months each, for reasons to be recorded in
writing, before the end of each such three month period, but not
exceeding a total period of two years.
49 of 1988.
Letter of
request to a
contracting
State in certain
cases.
39. (1) Notwithstanding anything contained in this Act or the Code of
Criminal Procedure, 1973 if, in the course of an inquiry or investigation into
an offence or other proceeding under this Act, an application is made to a
Special Court by the Investigation Officer of the Lokpal that any evidence is
required in connection with the inquiry or investigation into an offence or
proceeding under this Act and he is of the opinion that such evidence may
be available in any place in a contracting State, and the Special Court, on
being satisfied that such evidence is required in connection with the
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inquiry or investigation into an offence or proceeding under this Act, may
issue a letter of request to a court or an authority in the contracting State
competent to deal with such request to—
(i) examine the facts and circumstances of the case;
(ii) take such steps as the Special Court may specify in such letter of
request; and
(iii) forward all the evidence so taken or collected to the Special
Court issuing such letter of request.
(2) The letter of request shall be transmitted in such manner as the
Central Government may prescribe in this behalf.
(3) Every statement recorded or document or thing received under
sub‐section (1) shall be deemed to be evidence collected during the course
of the inquiry or investigation.
CHAPTER X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF
LOKPAL
Complaints
against
Chairperson
and Members
not to be
inquired by
Lokpal.
40. (1) The Lokpal shall not inquire into any complaint made against the
Chairperson or any Member.
(2) Any complaint against the Chairperson or Member shall be made by
an application by the party aggrieved, to the President.
(3) The President shall, in case there exists a prima facie case for bias or
corruption, make a reference to the Chief Justice of India in such manner
as may be prescribed for inquiring into the complaint against the
Chairperson or Member.
(4) The President shall decide the action against the Chairperson or
Member on the basis of the opinion of the Chief Justice of India and in case
the President is satisfied on the basis of the said opinion that the
Chairperson or the Member is biased or has indulged in corruption, the
President shall, notwithstanding anything contained in sub‐section (1) of
section 8, remove such Chairperson or Member and also order for
initiation of prosecution in case of allegation of corruption.
Complaints
against officials
of Lokpal.
41. (1) Every complaint of allegation of wrongdoing made against any
officer or employee or investigation agency under or associated with the
Lokpal for offence punishable under the Prevention of Corruption Act,
1988 shall be dealt with in accordance with the provisions of this section.
(2) The Lokpal shall complete the inquiry into the complaint or
allegation made, within a period of thirty days from the date of its receipt.
(3) While making an inquiry into the complaint against any officer or
employee of the Lokpal or agency engaged or associated with the Lokpal, if
it is prima facie satisfied on the basis of evidence available, that—
(a) continuance of such officer or employee of the Lokpal or agency
49 of 1988.DRAFT LOKPAL BILL
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engaged or associated in his post while conducting the inquiry is likely to
affect such inquiry adversely; or
(b) an officer or employee of the Lokpal or agency engaged or
associated is likely to destroy or in any way tamper with the evidence or
influence witnesses,
then, the Lokpal may, by order, suspend such officer or employee of the
Lokpal or divest such agency engaged or associated with the Lokpal of all
powers and responsibilities hereto before exercised by it .
(4) On the completion of the inquiry, if the Lokpal is satisfied that there
is prima facie evidence of the commission of an offence under the
Prevention of Corruption Act, 1988 or of any wrongdoing, it shall, within a
period of fifteen days of the completion of such inquiry, order to
prosecute such officer or employee of the Lokpal or such officer,
employee, agency engaged or associated with the Lokpal and initiate
disciplinary proceedings against the official concerned:
Provided that no such order shall be passed without giving such officer
or employee of the Lokpal or person, agency engaged or associated, a
reasonable opportunity of being heard.
49 of 1988.
CHAPTER XI
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT
Assessment of
loss and
recovery
thereof by
Special Court.
42. If any public servant is convicted of an offence under the Prevention
of Corruption Act, 1988 by the Special Court, notwithstanding and without
prejudice to any law for the time being in force, it may make an
assessment of loss, if any, caused to the public exchequer on account of
the actions or decisions of such public servant not taken in good faith and
for which he stands convicted, and may order recovery of such loss, if
possible or quantifiable, from such public servant so convicted:
Provided that if the Special Court, for reasons to be recorded in writing,
comes to the conclusion that the loss caused was pursuant to a conspiracy
with the beneficiary or beneficiaries of actions or decisions of the public
servant so convicted, then such loss may, if assessed and quantifiable
under this section, may also be recovered from such beneficiary or
beneficiaries proportionately.
45 of 1988.
CHAPTER XII
FINANCE, ACCOUNTS AND AUDIT
43. The Lokpal shall prepare, in such form and at such time in each
financial year as may be prescribed, its budget for the next financial year,
showing the estimated receipts and expenditure of the Lokpal and forward
the same to the Central Government for information.
Budget.
44. The Central Government may, after due appropriation made by
Parliament by law in this behalf, make to the Lokpal grants of such sums of
money as are required to be paid for the salaries and allowances payable
to the Chairperson and other Members and the administrative expenses,
including the salaries and allowances and pension payable to or in respect
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of officers and other employees of the Lokpal.
45. (1) The Lokpal shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such form as may
be prescribed by the Central Government in consultation with the
Comptroller and Auditor‐General of India.
(2) The accounts of the Lokpal shall be audited by the Comptroller and
Auditor‐General of India at such intervals as may be specified by him.
(3) The Comptroller and Auditor‐General of India or any person
appointed by him in connection with the audit of the accounts of the
Lokpal under this Act shall have the same rights, privileges and authority in
connection with such audit, as the Comptroller and Auditor‐General of
India generally has, in connection with the audit of the Government
accounts and, in particular, shall have the right to demand the production
of books, accounts, connected vouchers and other documents and papers
and to inspect any of the offices of the Lokpal.
(4) The accounts of the Lokpal, as certified by Comptroller and Auditor‐
General of India or any other person appointed by him in this behalf,
together with the audit report thereon, shall be forwarded annually to the
Central Government and the Central Government shall cause the same to
be laid before each House of Parliament.
Annual statement
of accounts.
46. (1) The Lokpal shall furnish to the Central Government, at such time
and in such form and manner as may be prescribed or as the Central
Government may request, such returns and statements and such
particulars in regard to any matter under the jurisdiction of the Lokpal, as
the Central Government may, from time to time, require.
(2) The Lokpal shall prepare, once every year, in such form and at such
time as may be prescribed, an annual report, giving a summary of its
activities during the previous year and copies of the report shall be
forwarded to the Central Government.
(3) A copy of the report received under sub‐section (2) shall be laid by
the Central Government, as soon as may be after it is received, before
each House of Parliament.
Furnishing of
returns, etc., to
Central
Government.
CHAPTER XIII
DECLARATION OF ASSETS
Declaration of
assets.
47. (1) Every public servant shall make a declaration of his assets and
liabilities in the manner as provided by or under this Act.
(2) A public servant shall, within a period of thirty days from the date on
which he makes and subscribes an oath or affirmation to enter upon his
office, furnish to the competent authority the information relating to—
(a) the assets of which he, his spouse and his dependent children are,
jointly or severally, owners or beneficiaries;
(b) his liabilities and that of his spouse and his dependent children.
(3) A public servant holding his office as such, at the time of the
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assets and liabilities, as referred to in sub‐section (2) to the competent
authority within thirty days of the coming into force of this Act.
(4) Every public servant shall file with the competent authority, on or
before the 31
st
July of every year, an annual return of such assets and
liabilities, as referred to in sub‐section (2), as on the 31
st
March of that
year.
(5) The information under sub‐section (2) or sub‐section (3) and annual
return under sub‐section (4) shall be furnished to the competent authority
in such form and in such manner as may be prescribed.
(6) The competent authority in respect of each office or Department
shall ensure that all such statements are published on the website of such
officer or Department by 31
st
August of that year.
Explanation.— For the purposes of this section, “dependent children”
means sons and daughters who have no separate means of earning and
are wholly dependent on the public servant for their livelihood.
Presumption as
to acquisition of
assets by
corrupt means
in certain cases.
48. If any public servant wilfully or for reasons which are not justifiable,
fails to—
(a) to declare his assets; or
(b) gives misleading information in respect of such assets and is
found to be in possession of assets not disclosed or in respect of which
misleading information was furnished,
then such assets shall, unless otherwise proved, be presumed to belong to
the public servant and shall be presumed to be assets acquired by corrupt
means:
Provided that the competent authority may condone or exempt the
public servant from furnishing information in respect of assets not
exceeding such minimum value as may be prescribed.
CHAPTER XIV
CITIZENS’ CHARTER
Citizens’
charter.
49. (1) Every,—
(a) Ministry or Department or office of the Central Government or
any body or Board or corporation or authority or company or society or
autonomous body (by whatever name called) established or
constituted or incorporated under an Act of Parliament or wholly or
partly financed by the Central Government or controlled by it; and
(b) every other society or association of persons or trust (whether
registered or not) wholly or partly financed by the Government or in
receipt of any sums under the Foreign Contribution (Regulation) Act or
any donation from public,
shall prepare and publish a charter to be known as Citizens’ Charter within
a period of one year from the commencement of this Act.
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the citizens the commitments of,—
(a) the Ministry or Department or office of the Central Government
or any body or Board or corporation or authority or company or society
or autonomous body or other society or association of persons or
trust referred to in that sub‐section;
(b) the officer responsible for meeting such commitment; and
(c) the time within which such commitment shall be complied with
along with other relevant details relating to public delivery of services
or fulfilment of its objectives.
(3) Every Ministry or Department or office of the Central Government
or any body or Board or corporation or authority or company or society or
autonomous body or other society or association of persons or trust
referred to in sub‐section (1) shall designate an officer to be called the
Public Grievance Redressal Officer to whom any aggrieved person may file
a complaint for non‐compliance of the Citizens’ Charter:
(4) Every Ministry or Department or office of the Central Government
or any body or Board or corporation or authority or company or society or
autonomous body or other society or association of persons or trust shall
appoint at least one Public Grievance Redressal Officer in each district
where it has an office.
(5) Every Ministry or Department or office of the Central Government
or any body or Board or corporation or authority or company or society or
autonomous body or other society or association of persons or trust
referred to in sub‐section (1) shall review and revise its Citizens’ Charter at
least once in a year.
CHAPTER XV
OFFENCES AND PENALTIES
Prosecution for
false complaint
and payment of
compensation,
etc., to public
servant.
50. (1) Notwithstanding anything contained in this Act, whoever makes
any false and frivolous or vexatious complaint under this Act shall, on
conviction, be punished with imprisonment for a term which shall not be
less than two years but which may extend to five years and with fine which
shall not be less than twenty‐five thousand rupees but which may extend
to two lakh rupees.
(2) No Court, except a Special Court, shall take cognizance of an
offence under sub section (1).
(3) No Special Court shall take cognizance of an offence under sub‐
section (1) except on a complaint made by a person against whom the
false, frivolous or vexatious complaint was made.
(4) The prosecution in relation to an offence under sub‐section (1) shall
be conducted by the public prosecutor and all expenses connected with
such prosecution shall be borne by the Central Government.
(5) In case of conviction of a person [being an individual or society or
association of persons or trust (whether registered or not)], for having
made a false complaint under this Act, such person shall be liable to payDRAFT LOKPAL BILL
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compensation to the public servant against whom he made the false
complaint in addition to the legal expenses for contesting the case by such
public servant, as the Special Court may determine.
False complaint
made by
society or
association of
persons or
trust.
51. (1) Where any offence under section 50 has been committed by
any society or association of persons or trust (whether registered or not),
every person who, at the time the offence was committed, was directly in
charge of, and was responsible to, the society or association of persons or
trust, for the conduct of the business or affairs or activities of the society
or association of persons or trust as well as such society or association of
persons or trust shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub‐section shall render any
such person liable to any punishment provided in this Act, if he proves that
the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub‐section (1), where an
offence under this Act has been committed by a society or association of
persons or trust (whether registered or not) and it is proved that the
offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary
or other officer of such society or association of persons or trust, such
director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
CHAPTER XVI
MISCELLANEOUS
Protection of
action taken in
good faith by
any public
servant.
52. No suit, prosecution or other legal proceedings under this Act shall lie
against any public servant, in respect of anything which is done in good
faith or intended to be done in the discharge of his official functions or in
exercise of his powers.
Protection of
action taken in
good faith by
others.
53. No suit, prosecution or other legal proceedings shall lie against the
Lokpal or against any officer, employee, agency or any person, in respect
of anything which is done in good faith or intended to be done under this
Act.
Members,
officers and
employees of
Lokpal to be
public servants.
54. The Chairperson, Members, officers and other employees of the
Lokpal shall be deemed, when acting or purporting to act in pursuance of
any of the provisions of this Act, to be public servants within the meaning
of section 21 of the Indian Penal Code.
45 of 1860.
Bar of
Jurisdiction.
55. No civil court shall have jurisdiction in respect of any matter which
the Lokpal is empowered by or under this Act to determine.
Act to have
overriding
effect.
56. The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any enactment other than
this Act or in any instrument having effect by virtue of any enactment
other than this Act.
Provision of this
Act to be in
57. The provisions of this Act shall be in addition to, and not inDRAFT LOKPAL BILL
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addition of
other laws.
derogation of, any other law for the time being in force.
Amendment of
certain
enactments.
58. The enactments specified in the Second Schedule shall be
amended in the manner specified therein.
Power to make
rules.
59. (1) The Central Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely: —
(a) the term of the search committee, fee and allowances payable to
its members and the manner of selection of panel of names under sub‐
section (5) of section 4;
(b) the procedure of inquiry into misbehaviour for removal of the
Chairperson or any other Member under sub‐section (1) of section 8;
(c) the post or posts in respect of which the appointment shall be
made after consultation with the Union Public Service Commission
under the proviso to sub‐section (1) of section 11;
(d) other matters for which the Lokpal shall have the powers of a
civil court under clause (vi) of sub‐section (1) of section 30;
(e) the manner of sending the order of attachment along with the
material to the Special Court under sub‐section (2) of section 33;
(f) the manner of transmitting the letter of request under sub‐
section (2) of section 39;
(g) the manner of making reference to the Chief Justice of India
under sub‐section (3) of section 40;
(h) the form and the time for preparing in each financial year the
budget for the next financial year, showing the estimated receipts and
expenditure of the Lokpal under section 43;
(i) the form for maintaining the accounts and other relevant records
and the form of annual statement of accounts under sub‐section (1) of
section 45;
(j) the form and manner and the time for preparing the returns and
statements along with particulars under sub‐section (1) of section 46;
(k) the form and the time for preparing an annual report giving a
summary of its activities during the previous year under sub‐section (2)
of section 46;
(l) the form of annual return to be filed by a public servant under
sub‐section (5) of section 47;
(m) the minimum value for which the competent authority may
condone or exempt a public servant from furnishing information in
respect of assets under the proviso to section 48;DRAFT LOKPAL BILL
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(n) any other matter which is to be or may be prescribed.
Power of Lokpal
to make
regulations.
60. (1) Subject to the provisions of this Act and the rules made
thereunder, the Lokpal may, by notification in the Official Gazette, make
regulations to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the
following matters, namely:—
(a) the conditions of service of the secretary and other officers and
staff of the Lokpal and the matters which in so far as they relate to
salaries, allowances, leave or pensions, require the approval of the
President under sub‐section (2) of section 11;
(b) the place of sittings of benches of the Lokpal under clause (f) of
sub‐section (1) of section 19;
(c) the manner for displaying on the website of the Lokpal, the
status of all complaints pending or disposed of along with records and
evidence with reference thereto under sub‐section (13) of section 23;
(d) the manner and procedure of conducting an inquiry or
investigation under sub‐section (15) of section 23;
(e) any other matter which is required to be, or may be, specified
under this Act.
Laying of rules
and regulations.
61. Every rule and regulation made under this Act shall be laid, as soon
as may be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
regulation, or both Houses agree that the rule or regulation should not be
made, the rule or regulation shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule or regulation.
Power to
remove
difficulties.
62. (1) If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by order, published in the Official
Gazette, make such provisions not inconsistent with the provisions of this
Act, as may appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the
expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament.
THE FIRST SCHEDULE
[See section 3(5)]
I, A.B……………………………… having been appointed Chairperson (or a
Member) of the Lokpal, do swear in the name of God / solemnly affirmDRAFT LOKPAL BILL
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that I will bear true faith and allegiance to the Constitution of India as by
law established, that I will duly faithfully and to the best of my ability,
knowledge and judgment perform the duties of my office without fear or
favour, affection or ill‐will.
THE SECOND SCHEDULE
[See section 58]
AMENDMENT TO CERTAIN ENACTMENTS
PART I
AMENDMENT TO THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946
(25 of 1946)
In section 6A, for the words “The Delhi Special Police Establishment”,
the words “Save as otherwise provided in the Lokpal Act, 2011, the Delhi
Special Police Establishment” shall be substituted.
Amendment of
section 6A.
PART II
AMENDMENT TO THE COMMISSIONS OF INQUIRY ACT, 1952
(60 of 1952)
In section 3, in sub‐section (1), for the words “The appropriate
Government may”, the words, brackets and figures “Save as otherwise
provided in the Lokpal Act, 2011, the appropriate Government may” shall
be substituted.
Amendment of
section 3.
PART III
AMENDMENT TO THE PREVENTION OF CORRUPTION ACT, 1988
(49 of 1988)
1. In section 13, in sub‐section (2), for the words “seven years”, the
words “ten years” shall be substituted;
Amendment of
section 13.
2. In section 14, for the words “seven years”, the words “ten years”
shall be substituted.
Amendment of
section 14.
3. In section 19, after the words “except with the previous sanction”,
the words “save as otherwise provided in the Lokpal Act, 2011” shall be
inserted.
Amendment of
section 19.
PART IV
AMENDMENT TO THE CODE OF CRIMINAL PROCEDURE, 1973
(2 of 1974)
In section 197, after the words “except with the previous sanction”, the
words “save as otherwise provided in the Lokpal Act, 2011” shall be
inserted.
Amendment of
section 197.
____________________
28.622331
77.363983
Jaggi 