21jan Lokpal Bill

7/31/2019 21jan Lokpal Bill

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THE JAN LOKPAL BILL 2011

STATEMENT OF OBJECTS AND REASONS

In his foreword to the UN Convention Against Corruption, the then

Sec retary General of the United Nations, Mr. Kofi Anna n wrote,

Corruption is an insidious plague that has a wide range of corrosive

effec ts on soc iety. It undermines dem oc racy and the rule of law, leads to

violations of human rights, d istorts markets, erodes the qua lity o f life and it

allows organized crime, terrorism and other threats to human security toflourish.

This evil phenom enon is found in a ll c ountries, big a nd small, rich and poor

but it is in the deve lop ing world tha t its effe c ts a re more destruc tive.

Corruption hurts the poor disproportionately by diverting funds intended

for development, undermining the governments ability to provide basic

services, feeding inequality and injustice and discouraging foreign aidand investme nt. Corrup tion is a key element in ec onomic

underperformance and the major obstacle to poverty alleviation and

development.

The p rea mble of this Convention w hich has been signed by India a nd has

been ratified by it, states that this Convention was adopted (on 31st

October 2003) because the parties adopting it were concerned about

the seriousness of the p rob lems and the threa ts posed by c orrup tion to the

stab ility and sec urity of soc ieties, undermining the institutions and va lues of

democracy, ethical values and justice and jeopardizing sustainable

developm ent and the rule of law .


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Som e of the serious effec ts of corrup tion in India were set out in 1993 itself

in the N.N. Vohra Comm ittee rep ort, which sta ted tha t, The nexus

be tween the c riminal ga ngs, po lice, burea ucrac y and politic ians hascom e out c lea rly in va rious parts of the c ountry. The existing c riminal

justic e system, whic h was essentia lly designed to dea l with the ind ividua l

offences/crimes, is unable to deal with the activities of the Mafia; the

provisions of law in reg ard ec onomic offenc es are wea k.The various

c rime Syndicates/ Ma fia organisa tions have deve loped significant musc le

and money power and established linkages with governmental

functionaries, political leaders and others to be able to operate withimpunity.

Corruption has indeed assumed alarming proportions and it is clear that

the existing anti-corruption institutions have failed to tackle the menace

and it has therefore become imperative to address the problems which

plag ue the e ffec tiveness of existing anti-c orrup tion institutions and law s.

Artic le 6 (2) of UNCAC provides that ea ch sta te p arty shall grant the

body (anti corruption institution) or bodies referred to in paragraph 1 of

this article, the necessary independence, in accordance with the

funda menta l princ ip les of its lega l system , to ena b le the b od y or bod ies to

carry out its or their functions effectively and free from any undue

influenc e. The nec essary materia l resourc es and spec ia lized tasks, as well

as the training that such staff may require to carry out their functions

should b e p rovided .

This b ill provides for the c onstitution o f a Lokpa l Authority which will be

independent of the public officials and public authorities that it will be


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empow ered to investiga te and p rosec ute. Such indepe ndence is sought

to b e p rovided bo th by w ay o f a broad ba sed and transpa rent selection

proc ess as well as by func tiona l autonomy. The b ill, therefore, p rovides

that the Lokpal shall have the authority to select its own staff and alsoensure that such staff is adequate to handle complaints of corruption,

miscond uc t as well as grieva nc es. Co rrup tion a lways involves miscond uc t

and gives rise to grievanc es. These a re inter-related . The existing

vig ilanc e machinery and the e xisting grievanc e red ressal mac hinery also

suffer from the prob lem of c onflic t o f interests where vigilance officers and

grievance redressal officers are unrealistically expected to exercise

vigilance over their own bosses or those who exercise administrativecontrol ove r them . The b ill, therefore, p rovides tha t the vig ilanc e

ma chinery and the g rievance red ressal mac hinery also be brought und er

the supervisory co ntrol of a n indep end ent Lokpa l.

Artic le 7 (4) of UNCAC provides tha t ea c h sta te pa rty sha ll, in

ac c ordanc e w ith the funda me ntal princ iples of their loc al law , endea vour

to adopt, maintain and strengthen systems that promote transparencyand preve nt conflic ts of interests . These a re the p rincip les on the basis of

which pow ers of investiga tion and p rosec ution fo r corrup tion, enq uiry and

punishment for misconduct are required to be entrusted to an

independent authority which would have no conflict of interests.

Article 8 (2) of UNCAC provides that in particular, each state party shall

end ea vour to app ly within its ow n institutional a nd leg al system s, cod es or

standards of conduct for the correct, honourable and proper

pe rforma nce of pub lic func tions . In ac c ordanc e w ith these princ iples,

the bill provides that each public authority shall prescribe a citizens


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charter for the performance of its public functions for which it would be

held ac c ountab le to the independent Lokpa l authority.

Article 8 (5) of the UNCAC provides that each state party shallenda evour, where app rop riate a nd in ac corda nce w ith the funda mental

princ iples of its domestic laws, to estab lish mea sures and systems requiring

public officials to make declarations to appropriate authorities regarding,

inter-alia, their outside activities, employment, investment, assets and

substantial g ifts or bene fits from which a conflic t of interest may result with

respec t to the ir func tions as pub lic offic ials .

Artic le 8 (6) p rovides that ea ch sta te party sha ll co nsider taking, in

accordance with the fundamental principles of its domestic law,

disciplinary or other measures against public officials who violate the

cod es or standards estab lished in ac cordanc e w ith this Artic le .

Article 12 dealing with the private sector obliges each state party to take

mea sures for prom oting transparenc y among st p riva te entities, inc ludingwhere ap propria te, measures regarding the identity of lega l and natural

persons involved in the establishment and management of corporate

entities; preventing the misuse of procedures regulating private entities

including procedures regarding subsidies and licenses granted by public

authorities for commercial activities; preventing conflicts of interests by

imposing restrictions as appropriate and for a reasonable period of time,

on the professional activities of former public officials or on the

em ployment o f pub lic officials by the p riva te sec tor afte r their resigna tion

or retirement, where such activities or employment relate directly to the

func tions held or supervised by those p ub lic offic ials during the ir tenure .


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Article 13 of the UNCAC dealing with participation of society provides

ea ch sta te p arty sha ll take approp ria te m ea sures within its me ans and in

accordance with the fundamental principles of its domestic law to

promote the active participation of individuals and groups outside thepublic sector, such as civil society, non-government organizations and

community based organizations in the prevention of and the fight against

corrup tion a nd to raise p ublic aw areness reg ard ing the existenc e, causes

and g ravity of and the threa t posed by co rrup tion. This partic ipa tion sha ll

be strengthened by such measures as: enhancing the transparency of

and promoting the contribution of the public to decision making

proc esses; ensuring tha t the pub lic has effec tive ac cess to informa tion .

Artic le 34 of UNCAC provides tha t with d ue regard to the rights of third

parties, acquired in good faith, each state party shall take measures, in

accordance with the fundamental principles of its domestic laws, to

address conseq uenc es of c orruption. In this c ontext, sta te p a rties may

consider corruption a relevant factor in legal proceedings to annul or

rescind a contract, withdraw a concession or other similar instrument ortake any other remed ial ac tion .

In accordance with all the above principles enunciated in the UNCAC,

the powers of investigation and prosecution of public officials for

corruption and disciplinary action for corruption against government

officials are sought to be brought under an independent Lokpal authority.

In addition, violation of the citizens charter which is akin to a code of

conduct, would also be enquired into by the vigilance machinery under

the Lokpa l. Other anc illa ry powers suc h as freezing of assets acquired by

public servants by corrupt means are also sought to be conferred on this

authority. The integrity of the autho rity and the anti-c orrup tion/ vig ilanc e


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machinery under its control is sought to be achieved by mandating

transparency in its functioning and public participation, wherever

possib le. The ac countab ility of the Lokpal itself would be to the Suprem e

Court, which would have the authority to enquire into and order therem ova l of mem bers of the Lokpa l. The offic ia ls under the Lokpa l will be

ac countab le to indep endent c om plaints autho rities ap art from the Lokpa l

itself. Judicial review over the actions of the Lokpal by the High Courts

under Artic le 226 and the Suprem e C ourt unde r Artic le 32 and 136 would

further ensure the ac counta b ility of the Lokpa l.

Lokpa l Bills have been suc c essively introduc ed in Parliament fo r the last 42years but aborted ea ch time for various rea sons. An effec tive,

independent a nd em po we red Lokpa l institution is a need for which the

country canno t wa it any longer. This Bill seeks to a c hieve th is ob jec tive.


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JAN LOKPAL BILL 2011

A Bill to establish an independent authority to investigate offencesunder the Prevention of Corruption Act, 1988 to detect corruption by

exped itious investiga tion and to p rosec ute offend ers and to ensure time ly

redressal of certain types of public grievances and to provide protection

to whistleb lowers.

Be it b e ena c ted by Parliament in the Sixty-first Yea r of the Rep ublic

of India as follows:-

CHAPTER I

PRELIMINARY

1. (1) This Ac t may be called the Jan Lokpa l Ac t, 2011.

(2) It sha ll com e into force on 120th day of its securing assent from

the President o f Ind ia .

2. Definitions:

In this Ac t, unless the context otherwise requires:-

(a) Boa rd mea ns the Cha irma n and the other memb ers of the Lokpa l

Collectively.

(b) Com plaint means an allegation of corruption or a request by

whistleb lower for protec tion a nd a pp rop ria te ac tion.

(c ) Lokpa l means and inc lude s,

(i) Benc hes constituted under this Ac t and performing func tions

under this Act;

(ii) Any office r or em ployee performing under this Ac t,


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(iii) The Board in rest of the ca ses;

(d) Lokpa l Benc h means a Benc h of 2 or more members of the Lokpa l

acting together in respect of any matter in accordance with the

regulations. Each bench shall have a member with legalbackground.

(e) Ac t of corrup tion inc lude s -:

i) anything made punishable unde r Cha p ter IX of the Ind ian Pena l

Code o r under the Prevention of Corrup tion Ac t, 1988; which would

also include any offence committed by an elected member of a

house of legislature even in respect of his speech or vote inside the

house.ii) willfully giving any undue benefit to any person or obtaining any

benefit from any pub lic servant in viola tion of any laws or rules,

iii) vic timiza tion of a whistleb lower or a witness.

iv) rep ea ted violation o f c itizen s charter by any pub lic servant.

(f) Full be nch mea ns a benc h with seven mem bers w ith or without

the Chairperson

(g) Government Servant mea ns a pub lic servant, who is not anelec ted rep resenta tive or a judic ial offic er.

(h) Grievanc e me ans a claim by a person that he c ould not ge t

satisfactory redressal according to a citizens charter despite

ap proa ching a Grieva nce Red ressal Officer of that Depa rtment;

(i) Jud ic ial office r mea ns the officers appointed under sec tion 22 of

this Ac t.

(j) Pena lty under this Ac t mea ns punishment of d ismissal, rem ova l or

red uc tion in rank

(k) Pub lic authority mea ns any autho rity or bod y or institution of self-

governance estab lished or constituted


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i) by or und er the Constitution ; or

ii) by or under any othe r law made by the Parliam ent, or a

state legislature

iii) by notifica tion issued or orde r made by the Government,and includes any body owned, controlled or substantially financed

by the Government;

(l) Pub lic servant sha ll have the same mea ning as defined in sec tion

2(c ) of Preve ntion of Corrup tion Ac t 1988.

(m) Whistleb lower means any person, who provides informa tion about

corruption in a public authority or is a witness or victim in that case

or who fac es the threa t of(i) p rofessiona l ha rm, inc luding but not limited to illeg itima te

transfer, denial of promotion, denial of appropriate

perquisites, dep artmenta l p roc eed ings, d isc rimination or

(ii) physica l ha rm, or

(iii) is ac tua lly sub jec ted to any harm;

be cause o f either making a c om plaint to the Lokpa l under this Ac t,

or for filing an application under the Right to Information Act, 2005or by any other legal; action aimed at preventing or exposing

corruption or mal-governanc e.

3. Notw ithstand ing anything in any other Ac t or Law the provisions of

this Ac t sha ll p reva il and to the extent tha t the provisions of th is Ac t are

rep ugna nt to any other provision in a ny othe r Act or law, the p rovisions in

othe r Ac ts or laws shall stand a mend ed to the e xtent o f such rep ugna ncy.

CHAPTER II

ESTABLISHMENT OF LOKPAL


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4. (1) Imm ed iate ly a fter the c ommencement of this Ac t, the Central

Government by a Notification shall establish an institution known as

Lokpal, who would have administrative, financial and functionalindep endenc e from the government.

(2) The Lokpa l sha ll consist of a Cha irperson a nd 10 other members and

various officers under them at different levels to perform such

func tions as are a ssigned to them under this Ac t.

(3) The C ha irperson and the 10 members of the Lokpa l sha ll be

ap po inted by the Preside nt on the recomme nda tion o f a Selec tion

Committee.(4) The follow ing shall not be eligible to bec om e Chairperson or

Mem ber of Lokpa l:

(a )Any person, who is not a c itizen o f Ind ia , or(b )Any person, against whom charges were ever framed by any

court of law for any offence involving m oral turpitude, or

(c )Any p erson, who is less tha n 45 years in ag e, or(d )Any person, who was in the service of any government and has

remitted office within the last two years, either by way of

resigna tion or ret irem ent.

(5) At least four members of Lokpa l shall have a leg al background .

Explanation: Legal Background means that the person should

have held a judicial office in the territory of India for at least ten

years or should have been an advocate in a High Court or the

Suprem e Court for a t least fifteen yea rs.

(6) The Selec tion Committee sha ll c onsist of the follow ing :-

(i) The Prime Minister of Ind ia , who w ill be the Cha irperson of the

Selec tion Com mittee .

(ii) The Lea der of the Op position in the Lok Sabha


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(iii) Two judges of Suprem e Court of India and two perma nent

Chief Justice s of the High Courts selec ted by collegium of all Suprem e

Court judg es

(v) The Chief Elec tion Com missioner of Ind ia(vi) The Co mptroller & Aud itor Genera l of Ind ia

(vii) All p revious Cha irpersons of Lokpa l.

(7) The Selec tion Committee sha ll selec t the Chairperson a nd the o ther

members of the Lokpal from out of a short list prepared by the

Sea rch Co mmittee. The Cha irperson sha ll be a person w ith

extensive knowledge of law.

(8) A Sea rch Committee sha ll consist of 10 mem bers. 5 of its mem bersshall be selec ted by the Selec tion Com mittee from a mong st the

retired Chief Justices of India, the retired Chief Election

Commissioners and the retired Comptroller and Auditor Generals

with impeccable reputation of integrity, who have not joined any

political party after retirement and who are not holding any office

under any government. The 5 mem bers so selec ted sha ll, through

consensus, co-op t another 5 mem bers from the C ivil Soc iety in thesearch committee.

(9) The Sea rch Com mittee befo re p rep aring the short list will invite

nominations from such eminent individuals or such class of people,

whom they deem fit, for the position o f Cha irperson o r the mem bers

of the Lokpa l.

(10) Only persons w ith impec cable integ rity and rec ord o f pub lic service

particularly in the field of fighting corruption shall be eligible for

be ing c onsidered for nomination.

(11) The rec om mend a tions about nom inees should, intera lia , conta in

details of any allegations faced by that candidate under any law,

details of his work against corruption in the past, reasons why that


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person is suitable for the job and any other material that the search

co mmittee may decide.

(12) The sea rch co mmittee, using any othe r mea ns, sha ll collec t as

much information about the background and past achievements ofthese c and ida tes.

(13) Such nom inations as are rec eived sha ll be put on a web site

for inviting comments from the people with regard to the suitability or

othe rwise of the nom inees.

(14) The Sea rch Committee a fter taking into consideration the

comments/information received from the public shall prepare,

preferably through consensus, the short list of 3 times the number ofpersons to be a ppointed as mem bers of the Lokpa l.

(15) Any nominations to which objections are raised by any 3 members

of the Sea rch Com mittee sha ll not be inc luded in the short list.

(16) Befo re send ing the short list to the Selec tion Co mmittee, the Sea rch

Comm ittee will get the na mes of the short listed persons put on a pub lic

web site to enable people to send any relevant information/comments

about the shortlisted persons.(17) The Selec tion Co mmittee sha ll, a fter considering a ll relevant

information about the short listed candidates, select the required

number of persons preferably through consensus. However, a person

shall not be selec ted if 3 mem bers of the Selec tion C om mittee

d isapprove such names.

(18) The Selec tion C om mittee a fter selec ting the persons to be

appointed as membe rs or Cha irperson of the Lokpa l sha ll ascertain their

willingness to serve as members or Chairperson, as the case may be,

be fore rec omme nding the nam es to the President.

(19) The Governme nt sha ll fill up a vacanc y of the C ha irperson o r a

member 3 months before the member or the Chairperson is due to


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retire. If the vacancy arises due to unforeseen reasons, it shall be filled

within three m onths of such vac ancy arising .

(20) The Offic ers in the Lokpa l sha ll be a ppointed by the Boa rd or any

other autho rity designa ted by the Regulations whe ther on a perma nentbasis or on a tem porary basis.

(21) The Cha irperson or members of Lokpal sha ll not be serving mem ber

of e ither the Parliament or the Leg islature o f any Sta te a nd sha ll not hold

any office of profit (other than the office as Chairperson or member) or

carry on any business or practice any profession and accordingly,

before he ente rs upon his office , a person a ppointed as the Chairperson

or member of Lokpa l sha ll-(i) if he holds any office or profit, resign from suc h office; or

(ii) if he is ca rrying on any business, sever his connec tion with the

cond uc t and ma nag em ent of such business; or

(iii) if he is p rac ticing any profession, suspend p rac tice of suc h

profession, or

(iv) if he is assoc ia ted direc tly or indirec tly with any other ac tivity,

which is likely to cause c onflic t o f interest in the performanceof his duties in Lokpal, he should suspend his association with

that ac tivity.

Provided that if even after the suspension, the earlier

association of that person with such activity is likely to

adversely affect his performance at Lokpal, that person shall

not b e a ppo inted as a memb er or Cha irpe rson o f Lokpa l.

(22) A person appointed as the Cha irperson or mem ber of Lokpa l shall

hold office for a term of five years from the date on which he enters

upon his office o r up to the a ge o f 70 years, whichever is ea rlier;

Provided that ,-


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(a) the Cha irperson or member of Lokpa l may, by writing under

his hand addressed to the President, resign from his office;

(b) the Cha irpe rson or memb er ma y be removed from office in

the m anner provided in this Ac t.(23) There sha ll be p a id to the C hairperson a nd ea ch mem ber a sala ry

equal to that of the Chief Justice of India and that of the judge of the

Suprem e Court respec tively;

(24) The a llow ances and pension p ayab le to a nd othe r cond itions of

service of the Chairperson or a member shall be such as may be

presc ribed by the go vernment;

Provided that the allowances and pension payable to and otherconditions of service of the Chairperson or a member shall not be

varied to his d isadvantage a fter his appointment.

(25) The Cha irperson and mem bers of Lokp al sha ll not b e eligible for

appointment to any position in the Government of India or the

government of any State or any such bod y which is funded by a ny of

the G ove rnments or for contesting e lec tions to Parliament, Sta te

Leg islature o r loc al bod ies.

5. The Lokpa l sha ll selec t and appoint a Sec reta ry to the Lokpa l who

will have the rank of Sec reta ry to the Government o f Ind ia . He sha ll be

com pe tent to authentica te a ll orders passed by the Lokpa l.

CHAPTER III

POWERS AND FUNCTIONS OF THE LOKPAL AND ITS OFFICERS

Functions of Lokpal:


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6. The Lokpa l sha ll have the follow ing func tions and pow ers

a) to exerc ise superintend enc e over the investiga tion of offences

involving a ny ac t of co rruption.

b) to give d irec tions to the investiga ting office rs for the purpose ofprop er investiga tion of such o ffenc es.

c ) a fter com pletion of investiga tion in any c ase involving an a llega tion

of an act of corruption, to impose punishment of dismissal, removal or

reduction in rank against government servants after giving them

rea sona ble opportunities of being hea rd .

d) to ensure tha t the public grieva nces c overed by this Ac t are

red ressed in a time bo und ma nnere) to initiate prosec ution before a Spec ia l Court estab lished unde r the

Prevention o f Corrup tion Ac t, 1988

f) to ensure the prop er prosec ution of cases before a Spec ia l Court

estab lished under the Preve ntion o f Corrup tion Ac t, 1988.

g) to provide by rules for the terms and cond itions of service inc luding

the allowances and pension payable to the officers and staff of the

Lokpal.h) to autho rize a Bench of the Lokpa l to issue lette rs-rog a tory in

relation to any ca se p end ing investiga tion und er this Ac t.

i) to rec eive com plaints from whistle b lowers.

j) to rec eive compla ints aga inst a ny officer or sta ff of Lokpa l.

k) to rec ruit investiga ting office rs and othe r office rs and sta ff and ge t

them tra ined in mod ern method s of sc ientific investiga tion.

(l) to appoint judic ial officers, p rosec uto rs and senior counsels.

(m) to acquire mod ern eq uipment nec essary for prop er investiga tion.

n) to a ttac h prope rty and assets ac quired by corrupt me ans and to

confisca te them in certain ca ses as provide d under this Ac t.


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(o) to rec om me nd canc ellation or mod ifica tion of a lea se, lic ense,

permission, contract or agreement, if it was obtained by corrupt means

and to recommend blacklisting of a firm, company, contractor or any

other person, involved in a n a c t o f c orrup tion. The pub lic authority sha lleither comply with the recommendation or reject the same within a

month of receipt of recommendation. In the event of rejection of its

recommendation, the Lokpal may approach appropriate High Court for

seeking a pprop ria te d irec tions to be g iven to the pub lic authority.

p) to ensure due com pliance of its orders by imposing pena lties on

persons fa iling to c om ply w ith its orders as provided und er this Ac t.

q) to initia te suo mo to appropria te ac tion under the Ac t on rec eipt ofany informa tion from any sourc e ab out any corruption.

r) to make rec om mend ations to pub lic authorities, in consulta tion with

them, to make changes in their work practices to reduce the scope for

corrup tion and whistleblower vic timiza tion. The conc erned authority sha ll

send its compliance report to Lokpal within two months specifying

detailed reasons, wherever they choose to reject any of the

recommendations.s) to prepare a sentencing policy for the offences under Prevention of

Corrup tion Ac t and revising it from time to time.

t) to ensure tha t the time limits mentioned in this Ac t a re stric tly ad hered

to .

u) to ensure the integrity of its func tiona ries and impose punishments of

d ismissal, rem oval and red uc tion in rank ag a inst.

v) to require any public authority to render any specific help required by

the Lokpa l.

w) to prepare an appropriate reward scheme to encourage complaints

from within and outside the government to report acts and evidence of

corruption.


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Provided that the total value of such reward shall not exceed 10% of the

va lue of the loss rec ove red or loss preve nted.

(x) to inquire into the assets declaration statements filed by all successful

cand idates a fter any elec tion to any sea t in any House o f the Parliam ent.(x) Such othe r func tions as may be nec essary for the proper

implem enta tion o f this Ac t.

Powers of officers under Lokpal

7. (1) The Investiga ting Officers of Lokpa l a utho rized to investiga te

offences under the Prevention of Corruption Act 1988 shall have all thepowers which are vested in a Police Officer while investigating offences

under the Code of Criminal Procedure, as well as the powers conferred

on the director of enforcement under the Foreign Exchange

Management Act, 1999 as well as under the Prevention of Money

Laund ering Ac t, 2002.

(2) The members of Lokpa l or any officer under the Lokpal while

exerc ising any pow ers under the Ac t sha ll have the p ow ers of a c ivil courttrying a suit under the Code of Civil Procedure, 1908, and in particular, in

respec t of the follow ing matters :

(a) summoning and enforc ing the a ttendanc e of any person from any

pa rt of India a nd exam ining him on oa th;

(b) requiring the d isc overy and prod uc tion of any doc ument;

(c) rec eiving evidenc e on affidavits;

(d) req uisitioning any public rec ord or cop y thereof from any court or

office;

(e) issuing commissions for the examination of w itnesses or othe r

doc uments; and

(f) any other ma tter which ma y be p resc ribe d


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(3) All mem bers of the Lokpa l and all officers of the Lokpa l superior in

rank to a n Investiga ting Officer ma y exerc ise the same p ow ers as may be

exerc ised by suc h Investiga ting Officer.

(4) A Lokpa l bench may punish a public servant w ith imprisonm ent up to 6months or with fine or both, if he fails to comply with its order for ensuring

their com plianc e

(5) If during the course of investigation into a complaint, the Lokpal feels

that continuance of a government servant in that position could

adversely affect the course of investigations or that the said government

servant is likely to destroy or tamper with the evidence or influence the

witnesses or is likely to c ontinue w ith corrup tion, the Lokpal ma y issueappropriate directions including transfer of that government servant from

tha t p osition.

(6) The Lokpa l ma y, at any stage of investiga tion under this Ac t, direc t b y

an interim order, appropriate authorities to take such action as is

necessary, to prevent the public servant from secreting the assets

alleged ly ac quired by him by c orrupt m eans;

(7) While investigating any offence under Prevention of Corruption Act1988, Lokpal shall be competent to investigate any offence under any

other law in the same c ase.

(8) If during any investiga tion und er this ac t, the Lokpa l is sa tisfied tha t any

preventive action is necessary in public interest to prevent the ongoing

incidence of corruption, it may make any recommendation to the public

authority concerned to stay the implementation or enforcement of any

dec ision o r take any such ac tion a s is rec om mend ed by the Lokpa l. The

public authority shall either comply with the recommendation of the

Lokpal or reject the same within 15 days of the recommendation thereof.

In the event of rejection of its recommendation, the Lokpal may


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approach the appropriate High Court for seeking appropriate directions

to be g iven to the p ublic authority.

8. For the purposes of investiga tion of offenc es rela ted to ac ts ofcorruption, the appropriate Bench of the Lokpal shall be deemed to be

designa ted authority under Sec tion 5 of the Ind ian Telegraph Ac t

empo wered to app rove intercep tion and m onitoring o f messag es of da ta

or voice transmitted through telephones, internet or any other medium as

covered under the Ind ian Telegrap h Ac t rea d w ith Informa tion a nd

Tec hnology Ac t 2000 and as per rules and reg ula tions made und er the

Ind ian Teleg raph Ac t 1885.

Issue of sea rch wa rrants:

9. (1) Where, in conseq uenc e of information in his possession, the

Lokpal

(a) has rea son to believe tha t any person (i) to whom a summ on or notice under this Ac t, has, been or

might be issued , will not o r would no t prod uce or cause to be

produced any property, document or thing which will be

necessary or useful for or relevant to any inquiry or other

procee dings to be c onduc ted b y him;

It may b y a sea rc h warrant autho rize any o ffic er not below the rank of a n

Inspector of Police to conduct a search or carry out an inspection in

ac c ordanc e therew ith and in pa rtic ular to, enter and sea rc h any build ing

or p lac e where he has rea son to suspec t that such prop erty, or

document, is kept;


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(2) The provisions of the Code of Criminal Proc ed ure, 1973, rela ting to

sea rch a nd seizure sha ll apply, so far as may be, to sea rc hes and seizures

under sub-sec tion (1).

(3) A warrant issued under sub -sec tion (1) sha ll for a ll purpo ses, bede emed to be a warrant issued by a c ourt under sec tion 93 of the Cod e

of Criminal Proc ed ure, 1973.

CHAPTER IV

PROCEEDINGS OF LOKPAL

10. (1) The Lokpa l may regula te the proc ed ure for the transac tion of its

business or tha t o f its officers as a lso a lloc a tion of its business amongst the

d ifferent b enc hes of Lokpa l.

(2). No ac t or proc eed ing of the Lokpa l shall be invalid me rely by

rea son o f :

(a) any vac anc y in, or any defec t in the c onstitution of Lokpa l ;

(b) any de fect in the ap po intment of a person ac ting as a mem ber ofLokap l ; or

(c ) any irregularity not a ffec ting the merits of the case

(3) All policy level decisions including formulation of regulations,

assignment and delega tion o f functions and pow ers shall be taken by the

Boa rd in a cc ordanc e w ith regulations.

(4) A com pla int by a ny pe rson m ay be ma de in the form of a First

Information Rep ort as provided under the Code o f Criminal Proc ed ure

which w ill not req uire a ny pa yment o f fee or affida vit and could be sent

to a ny office o f the Lokpa l and shall not b e rejec ted merely on the basis

of motive or intention of the c om plainant.


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(5) The investiga tion in any case sha ll not b e c losed by the investiga ting

officer without rec ord ing rea sons for suc h c losure.

(6) The hea rings in any p roc eed ings befo re the Lokp a l sha ll be he ld in

public exce pt in excep tiona l circumstanc e w here it is not in pub lic interestto d o so a nd the reasons for the same shall be rec orded in writing befo re

those p roc eed ings a re held in cam era. The hea rings held in pub lic sha ll

be video recorded and shall be made available to the public on

pa yment of copying c ost.

CHAPTER V

ACCOUNTABILITY OF LOKPAL

Removal of Chairperson or members of Lokpal:

11. (1). The Cha irperson or any other mem ber of the Lokpa l sha ll only

be removed from his office b y the President, on the rec om menda tion o f

the Suprem e Court on a ny of the follow ing ground s a fter the SupremeCourt, on the c omplaint of any person, held an inquiry and found that he

could on such g round b e removed :

(a) tha t he has been guilty of misbeha vior; or

(b) tha t he is unfit to continue in his office by rea son of infirmity of mind

or bo dy; or

(c ) is ad judged an insolvent; or

(d) eng ages during his term of office in any pa id emp loyment outside

the duties of h is of fice.

(2) In any such p roc eed ing the Suprem e Court ma y also d irec t the

suspension of such Chairman or member.


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(3) On rec eipt o f rec om mend ation from the Suprem e Court, the President

shall forthwith remove the Chairperson or the member, as the case may

be.

(4) Suprem e Court sha ll, as fa r as possible, make its rec om mend a tionswithin 3 months of rec eipt o f c om pla int und er this sec tion.

(5) If the com pla int is frivolous or has been made w ith m ala fide intentions,

Suprem e Co urt ma y impose a fine o r an imprisonm ent up to one yea r or

bo th on the co mp lainant.

Appeals against the orders of Lokpal:

12. Any orders passed by any bench of the Lokpal or any officer of the

Lokpal shall be subject to the writ jurisdiction of the High Court under

Artic le 226 of the Co nstitution o f India . Ordinarily, High C ourts sha ll not stay

the order. However, if it does, it will have to decide the case within two

months, else the stay would be deemed to have been vac ated after two

months and no further stay in that c ase c ould b e g ranted .

Audit o f Lokp al:

13. (1) The CAG sha ll cond uc t an annua l financ ial and

pe rforma nce a udit of the Lokpa l.

(2) A Parliamentary Committee shall do an annual appraisal of the

func tioning of Lokpal. The Lokpa l shall subm it a com plianc e rep ort,

mentioning detailed reasons where it does not accept the

recommendations of this committee, to the Parliament. It shall be placed

on the tab le of the two Houses of Parliament.

Rep orts of Lokpal:


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14. (1) The Chairperson of Lokpa l sha ll present a nnua lly a consolida ted

rep ort in the presc ribed forma t on its performanc e to the President

(2) On rec eipt of the annual rep ort, the President sha ll cause a cop ythereof together with an explanatory memorandum to be laid before

ea ch House o f the Parliament.

(3) The Lokpa l sha ll pub lish every month on its website the list of c ases

rec eived during the p revious month, list of c ases d isposed with brief d eta ils

of eac h such c ase, outc ome a nd a c tion taken or proposed to be taken

in that case, list of cases which are pending and minutes and records of

Board meetings.

CHAPTER VI

ACCOUNTABILITY OF OFFICERS OF LOKPAL

Independent Compla ints Authority:

15. (1) In ea c h Sta te, one or more c ompla ints autho rity w ould be

established by the Lokpal to entertain any complaints against any officer

or sta ff of the Lokpa l.

(2) Suc h c om plaints autho rity sha ll c onsist of 5 mem bers to be selec ted

and no minated by a Com mittee of 3 persons consisting o f:

i) The Chief Justice of the High Co urt of the Sta te;

ii) The Cha irman of the Sta te Lok Ayukata

iii) The Cha irman of the Sta te Human Rights Commission

(3) The Co mplaints Authority sha ll be cha ired by a retired High Co urt

jud ge and sha ll ha ve tw o ret ired c ivil servants and tw o members of c ivil

society.


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(4) The compla ints rec eived aga inst any office r or sta ff of the Lokpa l

shall be inquired into b y the Com pla ints Authority in a pub lic hea ring a nd

shall be dec ided w ithin 2 months of the rec eipt of the com pla int. The

offic er or sta ff of the Lokpa l shall be g iven p rop er opportunity to tend er hisdefence. If the officer or member is found guilty of misbehavior or

d ishonest investiga tion o r corrup tion, the autho rity may o rder his d ismissal,

rem ova l or red uc tion in rank.

(5) The fina l orders passed b y the Complaints Authority w ill be sub jec t

to the writ jurisdiction of the High Court under Article 226 of the

Constitution.

(6) In suitab le cases it would also be open to the compla ints authorityto d irec t suspension of the officer or sta ff of the Lokpa l.

(7) Lokpa l shall p rovide fo r the expenses related to the func tioning o f

com pla ints authority.

(8) Complaints authority shall work in benches in accordance with

reg ulations made und er this Ac t.

Transpa rency within Lokpal:

16. The Lokpa l sha ll maintain com plete transparency in its func tioning

and shall ensure tha t full rec ords of any investiga tion or inquiry c ond uc ted

under this Ac t afte r its conc lusion is mad e p ublic by be ing p ut on a public

web site.

CHAPTER VII

INVESTIGATION AND PROSECUTION AGAINST HIGH FUNCTIONARIES


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17. (1) No investiga tion o r prosec ution sha ll be initiated without ob ta ining

permission from a 7-Member Bench of the Lokpal against any of the

following persons:-

i) The Prime Minister and any other mem ber of the Counc il of Ministersii) Any judge of the Suprem e Court or any High Court

iii) Any Member of the Parliam ent

CHAPTER VIII

POWERS OF LOKPAL TO MAKE REGULATIONS

18. (1) The Lokpa l ma y by no tific a tion m ake regulations c onsistent w ith this

Ac t to c arry out the p rovisions of th is Ac t.

(2) In pa rtic ular and without prejudice to the genera lity of the pow er

conta ined in sub-sec tion (1) any such reg ulations may provide for all or

any of the fo llowing matters, namely:-

a) the c rea tion of d ifferent wings in the Lokpa l to dea l with d ifferent

subjects like investigation, prosecution and grievances;b) the confe rment of authority on office rs a t d ifferent levels to exerc ise

powers under the Act and to lay down the procedure for any inquiries

inc luding those rela ting to com plaints aga inst its officers or mem bers of

sta ff ;

c ) period s w ithin whic h the investiga tions and inquiries have to be

completed

d) To p rovide for the taking o f ce rtain dec isions by a pp rop ria te benc hes

of the Lokpa l by c ircula tion only.

(e) Work norms for eac h c a tegory of office rs and sta ff of Lokpa l.


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(3) The reg ulations fram ed b y the Lokpa l under this Sec tion sha ll be

la id , as soon as may be a fter they are issued or made, before eac h House

of Parliament.

CHAPTER IX

REMOVAL OF DIFFICULTIES

19. (1) If any diffic ulty arises in g iving e ffec t to the provisions of this Ac t,

the Central Government may, on the recommendation of the Lokpal, by

order, not inconsistent with the provisions of this Act, remove the difficultyprovided that no such order shall be ma de a fter the expiry of a pe riod of

2 years from the da te of c ommencement of this Ac t.

(2) Every order ma de und er this sec tion shall be la id before ea ch house o f

Parliament.

CHAPTER X

TIMELY COMPLETION OF INVESTIGATION AND TRIALS FOR CORRUPTION

20. (1) Every investiga ting officer sha ll endea vour to com plete the

investigation of an offence within a period of 6 months but when

nec essary he m ay ob tain extension of time from a Benc h of the Lokpa l. In

any case the p eriod of investiga tion sha ll not extend 18 months.

(2). Every effort will be ma de by the spec ia l courts trying an offence

under the Prevention of Corruption Act to complete the trial within a

maximum p eriod of 12 months.

(3). To ac hieve the ob jec tive of a speedy trial the Lokpa l shall ma ke an

annual assessment of the number of special courts required for this


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purpose and shall make a recommendation to the Government for

creating a specific number of special courts which recommendations

shall be b ind ing on the Government.

(4) The Chief Justices of High C ourts will constitute suc h num ber of spec ialbenches in respec tive High Courts to hea r cases under this Ac t, to ensure

tha t an appea l in any case is dec ided as exped itiously as possib le and

not la ter tha n six months.

(5) The judg es of Spec ia l Courts and the a ppella te b enc hes set up by

High Courts to hea r c ases und er this Ac t w ill dea l only with cases under

this Ac t.

CHAPTER XI

WHISTLE BLOWERS

21. (1) Any p ub lic official o r any othe r pe rson having informa tion of any

corruption in any public authority would be encouraged to send the

information confidentially to the Lokpal; and it shall be the duty of the

Lokpal to get an inquiry made into such information and if necessary get

an investiga tion m ade under the Prevention o f Corrup tion Ac t.

(2). It shall be the duty of the Lokpa l to provide full p rotec tion to whistle

blowers from any physica l ha rm or administra tive harassment. Identity of

such whistle blowers shall also be protected if the whistle blower so

desires.

(3). For achieving this ob jec tive it sha ll be competent for the Lokpa l to

give suitable direction to any security agencies for providing security as

well as to any other authority to ensure that no harassment is caused to

suc h whistle b lower.


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(4). Orders under this sec tion sha ll be passed exped itiously and in any

case w ithin a m onth of rec eipt of c om plaint. Imm ed ia te ac tion w ill be

taken in cases involving a threa t of physic al victimiza tion.

(5) The investiga tions in com plaints by whistleb lowers fac ing physica l orprofessiona l vic timiza tion sha ll be fa st trac ked and com pleted w ithin three

months of rece ip t of the sam e.

CHAPTER XII

PENALTIES AND PUNISHMENTS AGAINST CORRUPT PUBLIC SERVANTS

Penalties:

22. (1) After the com pletion of an investiga tion aga inst any

government servant the Lokpal may either initiate prosecution against

such public servant or may initiate proceedings for imposition of penalty

or bo th.

(2) Lokpa l shall app oint such officers, who may be retired judge s orretired civil servants or such others as may be provided, to act as judicial

officers for the purpose of this section, at such terms and conditions as

may be p rovided in reg ulations.

(3) A benc h of jud ic ial offic ers w ill c ond uc t an inquiry aga inst such

government servant for imposition of penalty in which full opportunity to

show c ause would be given to suc h go vernment servant. After

conclusion of the inquiry the bench shall also determine the penalty, if

any, to be a wa rded to tha t pub lic servant. The dec ision of the b enc h will

be subjec t to ap prova l by a higher autho rity presc ribed by the Lokpa l by

through regulations.


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(4) The rec om mend ations so approved shall be b ind ing on the

ap po inting authority.

Punishments:

23. (1) For any a c t o f c orrup tion, the punishment sha ll not b e less tha n six

months of rigorous imprisonment and may extend up to imprisonment for

life.

(2) The Spec ial Court may take into consideration the higher rank of an

acc used person to inflic t a more severe p unishment.

(3) If the b ene ficiary of an offense is a business ent ity, in ad d ition to theother punishments provided for under this Ac t and under the Prevention of

Co rruption Ac t, a fine o f up to five times the loss caused to the p ublic sha ll

be rec overed from the ac cused and the rec overy may be ma de from the

assets of the business entity and from the persona l assets of its Mana ging

Direc tors, if the assets of the ac cused person a re inadeq ua te.

(4) If any c om pany or any of its offic er or Direc tor is convic ted for any

offence under Prevention of Corruption Ac t, that c om pa ny and allcom pa nies promoted by a ny of that c om pa nys promo ters shall be

blacklisted and b e ineligible for undertaking a ny gove rnment work or

contrac t in future.

(5) If a public servant is c onvicted under the Prevention o f Corrup tion Ac t,

suc h pub lic servant sha ll stand rem ove d from his office.

24. Wherever Lokpa l d irec ts imposition o f financ ia l pena lty on a ny officer

under this Act to be deducted from his salary, it shall be the duty of the

Drawing and Disbursing Officer of that Department to implement such

order, failing which the said Drawing and Disbursing Officer shall make

himself liable for similar penalty.


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CHAPTER XIII

GRIEVANCE REDRESSAL SYSTEM

25. (1) Each pub lic a utho rity sha ll p rep are a spec ific c harter within a

reasonable time not exceeding one year from the coming into force of

this Ac t.

(2) Every c itizens cha rter sha ll enum erate the pub lic autho ritys

commitments to the citizens which are capable of being met within a

specific time limit and shall designate the officer whose duty would be tofulfill the c ommitme nt of the pub lic authority.

(3) If any public autho rity does not prep are its c itizen s c harter w ithin a

yea r, Lokpa l sha ll no tify the c itizens c harter on its ow n a fter consulting the

public authority and the same shall be b ind ing on that a uthority.

(4) Each pub lic autho rity sha ll make an assessment of the resources

req uired to imp lement the c itizen s charter and the government sha ll

p rovide suc h resources.(5) Each public a uthority sha ll designa te an offic ia l called Public

Grievance Redressal Officer in each station where the public authority

has an office, to whom a complaint could be made for any violation of

the citizens charter.

(6) The Senior most officer of that pub lic autho rity in tha t office w ill be

designa ted as the Pub lic Grievanc e Red ressal Officer.

(7) It sha ll be the duty of the Grieva nce Red ressal Officer to ge t the

grievance redressed within a period of 30 days from the receipt of the

complaint.


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(8) In the event of even the Grieva nce Red ressal Officer not get ting

the g rieva nce redressed within the spec ific period of 30 days a c om plaint

could b e mad e to the Lokpa l.

(9) The Lokpa l a fter hea ring the Grievanc e Red ressal Officer wouldimpose suitab le penalty not exceed ing Rs. 500/ - for ea ch days delay but

not exceeding Rs. 50,000/- to be recovered from the salaries of the

Grievanc e Red ressal Office r.

(10) Apart from levying the pena lty on the Grieva nce Red ressal Officer,

the Lokpal may also in suitable cases recommend to the appropriate

authority to have departmental punishment imposed on the Grievance

Red ressal O fficer.(11) The Lokpa l w ill a lso issue a d irec tion to an approp riate a utho rity to

ge t such grieva nc es red ressed within the time to be fixed by the Lokpa l.

(12) Every pub lic authority sha ll review and revise its Citizens Cha rter at

least once every year through a process of public consultation to be held

in the p resenc e o f a rep resenta tive of Lokpa l.

(13) Lokpa l may direc t any pub lic authority to make suc h chang es in their

citizens charter as are mentioned in that order and that public authorityshall make such c hang es within a month o f the rec eipt o f such order.

Provided that such chang es shall have to b e a pp roved by at least a three

mem ber bench o f Lokpa l.

(14) There sha ll be a t least one o ffice r of the Lokpa l in ea ch d istrict to

rec eive g rievances who shall be c alled an Appe lla te Grievance O fficer.

How ever, in such places where there is mo re c onc entration of c entral

go vernment offices, there sha ll be more App ella te Grieva nc e Office rs as

ma y be req uired .

(15) A soc ial audit of ea c h Appe llate Grieva nce O fficer shall take p lace

eve ry six months, in which he sha ll present himself befo re the pub lic ,

present the da ta related to his func tioning, respond to p ub lic queries and


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inc orpo ra te suggestions from pub lic in his func tioning. The p ub lic hea ring

shall be a ttend ed by a senior officer from Lokpa l.

(16) No c ase c an be c losed by App ellate Grievance O fficer till the

c itizens grievanc e is red ressed or the c ase is rejec ted by the Ap pellateGrievance Officer.

CHAPTER XIV

BUDGET OF LOKPAL

26. (1) All expenses of the Lokpa l sha ll be charged to the Co nsolida ted

fund o f India.

(2) The Boa rd sha ll finalise the Lokpa ls budget in such a ma nner tha t it

is less than % of the tota l reve nues of the Government of Ind ia.

(3) Lokpa l shall not need any administra tive or financ ia l sanc tion from any

government agenc y to incur expend iture.

CHAPTER XV

SEIZURE AND CONFISCATION OF PROPERTY AND RECOVERY OF

COMPENSATION FROM CORRUPT GOVERNMENT SERVANTS

27. (1) After a pub lic servant has been found guilty by the Spec ia l Court o f

having com mitted a n offence under the Prevention of Corruption Ac t, the

Court would also determine the assets and properties which have been

acquired by such ac c used person b y his c orrup t ac ts.

(2) The Spec ial Court will pass an order for the confisc a tion of a ll the

assets and properties which it has found to have been acquired by the


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corrupt acts of the convicted public servants as well as the subsequent

acc rua ls on these a ssets.

(3) The Spec ia l Court would a lso dete rmine whether apart from the

above the a cc used person b y his corrup t ac ts has also c aused any loss tothe exchequer or any other person and determine the amount of loss so

caused . The Court sha ll make an order levying a fine on the a ccused

persons so convicted for the recovery of the entire loss which his corrupt

ac ts have c aused and shall also apportion this amount a mong the va rious

convic ted accused persons to b e rec overed from them as fines.

(4) During the course of investiga tion if the Investiga ting Officer finds

any property or asset which appears to have been acquired by thecorrup t ac ts of a n accused person w ho is being investiga ted , it sha ll make

an order of attachment of those assets so that they are available for

confisca tion at the time of the convic tion of such ac cused p ersons. In

case the accused person is ultimately acquitted, these attached assets

and prop erties will be restored to him.

CHAPTER XVI

PUBLIC SERVANTS PROPERTY STATEMENTS

28. (1) Every pub lic servant sha ll within 3 months a fter the c om menc em ent

of this Act and thereafter before the 30th June o f every yea r submit to the

Head of that public authority in which the said public servant is

functioning or to such other authority as may be prescribed, a statement

of his assets and liabilities and those of the members of his family which

shall include their sources of income, in the format prescribed by the

Lokpal.


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Explana tion : In this Sec tion family of a p ub lic servant mea ns the

spouse and such children and parents of the public servant and

such other people as are de pe nde nt on him.

(2) The Hea d of ea ch pub lic autho rity sha ll ensure that all suc h

sta tem ents are p ut on the web site b y 31st of August of tha t yea r.

(3) If it is found tha t the public servant owns som e property which was

not disclosed in his statement of assets, that property would be liable to

be confisca ted by the Lokpa l.

(4). If the pub lic servant is found to be in possession or enjoym ent of any

prop erty which is not shown in his sta tement o f assets, it sha ll be presumedtha t it was ow ned by him unless he p roves to the contrary.

CHAPTER XVII

APPLICABILITY AND MODIFICATIONS OF THE PROVISIONS OF CERTAIN

OTHER ACTS

29. (1) Sec tion 19(1) a nd 19(2) of the Prevention of Co rrup tion Ac t sha ll be

deleted.

(2) Sec tion 6A of the Delhi Spec ia l Police Estab lishment Ac t sha ll not be

ap p lic ab le to the p roc eed ings under this Ac t.

(3) Sec tion 197 of Cr. PC sha ll not app licable to any proc eed ings under

this Ac t.

(4) The provisions of sec tions 105C to 105I of CrPC sha ll app ly to o ffenc es

under the Prevention of Co rrup tion Ac t whe ther or not they are

transnational in nature.

(5) Sec tion 389(3) of CrPC sha ll not app ly to o ffenc es under Preve ntion of

Corruption Ac t.


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(6) The right to file a ppea ls und er sec tion 377 or 378 of CrPC sha ll be

exercised by Lokpal.

(7) Under sec tion 372 of CrPC, the pow er to file an appea l shall be with

the c om plainant as well.

(8) Notw ithstand ing anything c onta ined in Sec tion 397 of C rPC, no court

sha ll ord ina rily ca ll for rec ords in c ases related to trial of offenc es in

Prevention of Corrup tion Ac t during any trial by a spec ial c ourt.

Provided tha t if the c ourt ca lls for rec ords, the same sha ll be returned

within a mo nth.

(9) Any permission which is req uired under any law fo r initiating

investigation or initiating prosecution under any Act shall be deemed to

have been granted once the Lokpal has granted permission to initiate

investigation or prosecution for any offences under the Prevention of

Corruption Ac t.

(10) The power of the Lokpal to investigate offences under the Prevention of Corruption

Act shall be with the Lokpal notwithstanding any provision in the Money Laundering

Act, 2002.

(11) The jurisdiction of the special courts under the Prevention of Corruption Act, 1988

to try offences under such act shall be with the Special Court notwithstanding any

provision in the Money Laundering Act, 2002.

(12) The appropriate Bench of the Lokpal shall be deemed to be the designated

authority under Section 5 of the Indian Telegraph Act empowered to approve interseption

and monitoring of messages or data or voice transmitted through telephones, internet or

any other medium as covered under the Indian Telegraph Act read with Information and

Technology Act 2000 and as per rules and regulations made under the Indian TelegraphAct 1885.

(13) Sec tion 4 (4) of Prevention o f Corrup tion Ac t shall be am end ed as

Notwithstand ing anything conta ined in the Code of C riminal Proc ed ure,


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1973 a Spec ia l Judge shall hold the tria l of a n offenc e on day-to-day

basis, and sha ll not g rant a d journment for any p urpose unless suc h

ad journment is, in its op inion, nec essary in the interests of justice and for

rea sons to be rec orded in writing

CHAPTER XVIII

MISCELLANEOUS PROVISIONS

Punishments for false complaints:

30. (1) Notw ithstand ing anything conta ined in this Ac t, if som eone makes

any complaint under this Act, which lacks any basis or evidence and is

held by Lokpa l to be mea nt only to ha rass certain autho rities, Lokpa l may

impose such fines on tha t c om pla inant as it deems fit, but the tota l fine in

any one case shall not exceed Rs one lakh.

Provided that no fine can be imposed without giving a reasonable

op po rtunity of being heard to the com plaintant.

Provided further that merely because a case could not be proved under

this Ac t a fter investiga tion sha ll not b e he ld aga inst a com pla inant for the

purposes of this sec tion.

Provided that if such complaint is against the staff or officers of Lokpal,

Lokpal may sentence the complainant to three months of simple

imprisonm ent in add ition to fine.

(2) Suc h fines sha ll be rec overab le as dues under Land Revenue Ac t.

(3) A c omplaint or allega tion onc e mad e unde r this Ac t shall not be

allowed to be withdrawn.

Provisions to p revent corruption:


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31. (1) No government official shall be eligible to take up jobs,

assignments, consultancies, etc. with any person, company, or

organisa tion that he ha d d ea lt with in his official ca pac ity.(2) All contrac ts, pub lic -priva te partnerships, transfer by w ay of sa le, lea se,

and any form of largesse by any public authority shall be done with

complete transparency and by calling for public tender/auction/bids

unless it is an emergency measure or where it is not possible to do so for

reasons to be recorded in writing. Any violation of this shall make the

contrac t/ largesse vo id . The deta ils of a ll suc h transac tions would be put

up b y the pub lic authority on a p ublic website.(3) All contrac ts, ag reements or MOUs know n by any na me rela ted to

transfer of natural resources, includ ing land and m ines to a ny priva te

entity by any method like pub lic -priva te p artnerships, sa le, lease or any

form of largesse b y any pub lic authority shall be put on the w eb site w ithin

a w eek of be ing signed .

Merger of anti-c orruption b ranch of CBI into Lokp al:

32. (1) The p art of the Delhi Spec ial Police Estab lishment, dea ling with

investiga tion a nd prosec ution o f offenc es under the Prevention o f

Co rrup tion Ac t, 1988, sha ll stand transferred , alongwith its em ployees,

assets and liab ilities to the Lokpa l. The Central Government sha ll c ea se to

have a ny control over the transferred pa rt and its personne l.

(2) Suc h p art of De lhi Spec ial Police Estab lishment, which has been

transferred above, sha ll form part of the Investiga tion Wing o f Lokpa l.

(3) The salaries, allowa nc es and other terms and cond itions of services of

the p ersonne l transferred above sha ll be the same a s they w ere

imm ed ia tely before the co mm enc ement of this Ac t.


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(4) All cases whic h we re b eing d ea lt by tha t part o f Delhi Spec ial Police

Estab lishment, which has been transferred, sha ll stand transferred to

Lokpal.

Immunity to b ribe g iver in certain c ases:

33. Any bribe giver may be granted immunity from prosecution by the

special court if he voluntarily and gives timely information to the Lokpal

about the giving of bribe by him with entire evidence for the purpose of

ge tting the concerned bribe taker/ pub lic servant c aught and convic ted,

provided he also relinquishes all the illegitimate benefits which he hadreceived by the giving of that bribe. If the information provided by such

bribe giver is subsequently found to be false, the immunity could be

withdrawn by the spec ial court.

(This d ra ft p rovides only for the Lokpa l for centra l pub lic servants. Similar

provisions for Lokayuktas in the States to deal with public servants of the

Sta te w ill have to be incorpora ted in the b ill)

Date post:	05-Apr-2018
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21jan Lokpal Bill

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