Lokpal Bills' Comparison

8/6/2019 Lokpal Bills' Comparison

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COMPARISON OF LOKPAL BILLS OF GOVERNMENT AND CIVIL SOCIETY

MEMBERS OF THE LOKPAL DRAFTING COMMITTEE

By Anuj Kapoor

Particulars and whether in

complete agreement (CA),

substantial agreement (SA),

substantial disagreement

(SD).

Bill by Civil Society Members of

the Drafting Committee

Bill by Governments

Members in the Drafting

Committee

Overriding effect (CA) The Act to have overriding

effect over and any existing

provision repugnant to

provisions of this act would bedeemed to have been amended to

that effect

-do-

Constitution (SA) Chairperson plus 10 other

members along with its officers

and employees.

At least 4 to have legal

background, not more than 2 to be

former civil servants

Chairperson plus ten

members.

At least 4 to be Judicial

members.

Secretary and other staff also

to be appointed

Eligibility for Chairperson

and members of Lokpal

(SA)

Impeccable integrity, having

record of public service

particularly in the field of

fighting corruption

Chairperson/Member:

impeccable integrity,

outstanding ability and

standing having knowledge

of, and professional

experience of not less than

25 years.

Judicial Member: Chief

Justice of HC or judge SC

On appointment, oath by

Chairperson and members

of Lokpal before whom

(CA)

President -do-

Appointment by

(SD)

Selection committee consisting of

the PM as the Chairperson, Leader

of Opposition in Lok Sabha, two

judges of SC and two Chief

Justices of HCs. Selection

President on recommendation

by Selection Committee

consisting of PM as

Chairperson, Speaker of Lok

Sabha, Leader of House other

than House to which PM


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Till when appointments to

take place (SD)

Institution of first lokpal with

chairperson and members to be

ready within six months

No such provision

Vacancy when filled (SA) New Chairperson/Member to be

appointed 3 months before

expiry of existing term. If

vacancy due o unforeseen

circumstances, to be filled within

3 months

-do-

No provision for vacancy due

to unforeseen circumstances

Persons not eligible to be

Chairperson or member (SD)

Not a citizen, any person ever

charged for any offence involving

moral turpitude, person less than

45 years in age, person who was inservice of any government within

last two years.

No such provision

Chairperson and member to

be ineligible to hold other

office (CA)

Shall not be a MP/MLA, shall

not hold any office of trust or

profit (other than his office as a

Chairperson or member) or be

connected with any political

party or carry on any business or

practice any profession, and if heis any of these then he shall

cease to do/be the same.

-do-

Terms of office etc (CA) Term: 5 years or till the

attainment of 70 years of age,

whichever is earlier;

While Chairperson gets same

allowance and salary as the

Chief Justice of India, the

members get the same as thejudges of the Supreme Court.

Terms not to be varied to his

disadvantage after appointment

-do-

Ineligibility of holding

other offices after person

ceases to hold office of

Chairperson/member (CA)

Ineligible for: position in the

central or state govt or any such

body which is funded by any of

the govts or for contesting

elections to Parliament, State

Legislature or local bodies.

Ineligible for appointment

as: Chairperson/member of

Lokpal (again), any

diplomatic assignment,

administrator of Union

territory, any appointment


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required by law to be made

by President, any office of

any government at India or

at state and contesting

elections for President, VP,Parliament or State

legislature, municipality,

pancchayat.

Secretary to Lokpal (SA) Lokpal to appoint Secretary (same

rank as Secretarty to govt of India)

who shall be competent to

authenticate all decisions of

Lokpal.

Secretary to be appointed but

role not defined.

Removal of

Chairperson/Member by

whom

By President on recommendation

of SC

-do-

Grounds for removal (SA) Guilty of misbehaviour, physical

or mental infirmity, insolvent,

engages in paid employment

outside

President to remove only on

recommendation by SC.

Grounds of removal are same.

President can remove on all

grounds except misbehaviour,

for which he can remove only

on recommendation of SC

Being interested incontract/agreement by or on

behalf of central or state govt

etc is deemed misbehaviour.

Ground of misbehaviour to be

decided by the SC

Suspension of

Chairperson/Member during

pendency of proceedings

before SC (SD)

SC may order for suspension President may suspend

Complaint against

Chairperson/Member (SD)

SC to decide upon the reference by

President within 3 months.

No mention of to whom a

complaint against

Chairperson/member may be

made.

Frivolous complainant may be

fined and or imprisoned for

maximum one year by SC.

Lokpal not to make inquiry

into complaint against

Chairperson/member.

Complaint to be made to the

President. President to refer

to SC if prima facie case of

bias or corruption exists.

No provision regarding

frivolous complaints againstChairperson/member


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Constitution of benches of

Lokpal (SA)

Each bench to comprise of 2 or

more members and shall have at

least one member with legal

background.

Bench comprising of 2 or

more members to be

constituted by Chairperson.

To consist of at least one

Judicial member

Working between the

Chairperson and other

members (SA)

All policy level decisions

including formulation of

regulations, assignment and

delegation of functions and powers

to be taken by the Chairperson and

members collectively, in

accordance with such regulations.

Chairperson to decide

distribution of work amongst

the benches.

Decision by a bench to be by

majority and in case of

difference of opinion, to be

given for reference.

Complaints against officials

of Lokpal (SA)

Each state to have at least one

Complaints Authority to entertain

complaints against Lokpal

officers/staff. Such Complaints

Authority to consist of 5 members

(chaired by retired Chief Justice of

HC, plus two retired civil servants

and two members from civil

society), to be nominated by 3-

member committee comprising of

Chief Justice of HC of State,Lokayukta of State, Chairman of

State Human Rights Commission.

Complaints received to be decided

within 2 months, inquired in

public hearing giving reasonable

opportunity to be heard to

officer/employee. If found guilty,

dismissal, reduction in rank or

removal may be ordered by

Complaints Authority.

Orders of Complaints Authority

subject to writ jurisdiction of HC.

In suitable cases, it may direct

suspension of officer/employee.

Inquiry against any

officer/agency under or

associated with Lokpal for

offence under PCA, 1988 to

be completed within 30 days

by Lokpal. If during inquiry,

Lokpal is prima facie satisfied

that continuance of such

employee is likely to affect

such inquiry adversely, or

that he is likely to tamperwith evidence, then Lokpal

may suspend or divest it of

authority associated with

Lokpal.

On completion of inquiry, if

Lokpal prima facie satisfied

that case exists, it shall order

initiation of prosecution and

initiate disciplinary

proceedings against such

employee etc.

Reasonable opportunity to be

heard to be given to such

employee.

Persons over whom Lokpal

competent to exercise

jurisdiction (SD)

Over all public servants as

defined u/s 2(c) of PCA, 1988.

Covers MPs even in relation to

their speech or vote inside

Parliament.

Present or former minister of

Union, except PM; present or

former MP; serving or former

group A officer or

equivalent or above in


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connection with affairs of

Centre;

Chairperson/member/officer

equivalent to group A

officer or equivalent or abovein any body, board,

corporation, company,

authority etc either

established under central law,

or controlled or financed by

centre, whether partially or

completely.

Not over MP in respect of

anything said or a vote given

by him in Parliament or any

committee thereof covered

under Article 105 of the

Constitution.

Lokpal may inquire into any

act/conduct of any other

person if such person is

associated with an allegation

of corruption under PCA,

1988.

Pending matters whether to

be transferred before Lokpal

(SD)

No express provision on the issue Matters pending before court,

committee, parliament or any

other authority prior to

commencement of an inquiry

this Act to continue before

such body. However,

continuance of such matters

not to affect power of Lokpal

to inquire into such matter

under the Act

Investigation by whom (SA) The anti-corruption branch of CBI

(i.e. that part of the Delhi Special

Police Establishment which deals

with investigation and prosecution

of offences under the PCA, 1988)

to be merged in Lokpal. Central

govt cease to have any control

over this branch.

Lokpal to have supervisory powersover investigation, shall be

Lokpal to constitute

investigation wing for

conducting investigation

under the Prevention of

Corruption Act (PCA), 1988.

Till the time this investigation

wing is constituted, central

govt to provide staff as

required by Lokpal.Lokpal empowered to utilize


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empowered to give directions for

proper investigation

Lokpal empowered to seek help

from any public authority.

services of any officer or

investigation agency of

central or any state govt.

Preliminary investigation

before inquiry by Lokpal is

started (SA)

No such provision. But

supervisory power and power to

direct proper investigation would

include power to order preliminary

investigation

Lokpal may by order require

IO of investigation wing to

make preliminary

investigation and submit

report within time specified

by it.

Prosecution by whom (CA) Lokpal to initiate prosecution

before Special Court established

under PCA, 1988. Power

conferred on Lokpal to makeregulations for creation of

different wings like investigation

wing, prosecution wing.

Lokpal, may by notification,

constitute a prosecution wing

and appoint a prosecution

director and other officers.Once appointed, prosecution

director shall, after so

directed file complain before

Special Court and handle

prosecution of public servants

uncer PCA, 1988.

Powers of Investigating

officers (IO) of Lokpal (SA)

IO of Lokpal authorized to

investigate offences under

PCA,1988 shall have same powers

vested in police offer under CrPCas well as power conferred to

director of enforcement under

FEMA, 1999 and Money

Laundering Act, 2002.

IO shall have in relation to

investigation of offences

under the PCA, all powers,

privileges, duties andliabilities that police officers

have in connection of those

offences.

Investigation not to be made

by IOs below the rank of DSP

or other officer of equivalent

rank.

Public proceedings (SA) Hearings in any proceedings to be

held in public except when in public interest, and for reasons

recorded it is otherwise. Public

proceedings to be video recorded,

same shall be accessible on

payment of costs

Same except for videop

recording of proceedings andaccess to same on payment of

costs

Suo moto action Empowered to take suo moto

action

No mention whether Lokpal

has this power or not

Complaint made to whom

and how

Complaint may be made in form

of FIR. No payment of fee or

No express provision


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affidavit reqd. May be made at any

office of Lokpal.

Procedure of inquiry before

Lokpal

No provisions on preliminary

inquiry and right of public servant

to be heard.

After completion of investigation

against public servant, Lokpal may

either initiate prosecution or

initiate proceedings for imposition

of penalty or both.

Lokpal to appoint requisite no of

judicial officers, who may be

either retired judges of retired civil

servant, to conduct proceedings forimposition of penalty.

Full opportunity to show cause to

be given to public servant in

proceeding for imposition of

penalty. After conclusion of

inquiry, bench to determine the

penalty, if any. Decision to be

subject to approval by higher

authority prescribed by Lokpal.Recommendation so approved to

be binding on appointing

authority.

Upon receipt of complaint,

Lokpal to satisfy itself

whether prima facie case

made out or not.

For this, may itself make

Preliminary Inquiry or direct

investigation wing to do so.

Preliminary inquiry ordinarily

to be done within 30 days.

Before coming to conclusion

that prima facie case exists,

required to give hearing to theconcerned public servant.

If considers that prima facie

case doesnt exist, to

communicate decision to

complainant and concerned

public servant.

If considers that prima facie

case exists, then refer for

investigation.Upon completion of

investigation and before filing

chargesheet, again

opportunity to be given to

concerned public servant.

Investigation to be ordinarily

done within 6 months.

Manner and procedure of

inquiry and investigation to

be specified by regulations.

In case of public servants on

whom Lokpal exercises

jurisdiction, other than MPs

and ministers, if findings of

Lokpal disclose offence under

PCA, 1988, then Lokpal may

file case before Special Court,

copy of report and Lokpals

findings to be to sent public

servant and to competentauthority, to whom Lokpal


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may recommend initiation of

disciplinary proceedings.

Such authority shall within 30

days initiate disciplinary

proceedings and within six

months of such initiation,

forward its comments on

report, including action taken

or proposed.

Prior sanction to initiate

prosecution/ investigation

(SA)

Any permission reqd under any

law for initiating

prosecution/investigation shall be

deemed to have been granted once

Lokpal has granted permission to

initiate suchinvestigation/prosecution. Section

197, CrPC and Section 6A Delhi

Police Establishment Act shall not

be applicable to proceedings under

the Act. Section 19(1) and (2) of

PCA, 1988 shall stand deleted.

No sanction/permission shall

be reqd by Lokpal for making

inquiry or investigation into

any complaint or for filling

complaint before Special

Court under the Act. Otherlaw accordingly made subject

to this Act.

Abovementioned provision to

not apply for those holding

office under the Constitution

and in respect of whom

special procedure for removal

is laid therein. Also not to

affect operation of Article

311(3)(c) and Article 320 ofConstitution.

Special procedure in cases

against high public

functionaries (SD)

No investigation/prosecution

against PM, other ministers of the

central govt, any judge of HC/SC,

MP to be initiated without

obtaining permission from 7-

member bench of Lokpal.

No involvement of competent

authority.

When after investigation,

findings of Lokpal disclose

offence under PCA, 1988

against minister/MP, Lokpal

may file case before Special

Court and shall send a copy

of the report along with its

findings to competentauthority.

The same shall be laid before

the House by the

Speaker/Chairman, as the

case may be, to which the

MP/minister belongs.

Competent authority shall

examine the report and

inform Lokpal within 90 days

about action taken orproposed to be taken.


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Power to issue Letters

Rogatory (SA)

Lokpal is empowered to authorise

a bench of the Lokpal to issue

Letters-Rogatory in relation to

pending case under the Act

Special Court may, on

application made to it by the

IO of Lokpal, issue letter of

request to other contracting

state for examining facts of

the case, take such steps as

the Special Court may specify

and forwarding to Special

Court all evidence.

Powers of civil court Powers of civil court conferred. -do-

Proceeding to be a judicial

proceeding for purposes of S.

193, IPC.

Power to attach assets during

pendency of trial (SD)

During course of investigation, if

it appears to IO that property has

been acquired by corrupt means,

Special Court shall make order of

attachment of those assets so that

they are available for confiscation

if conviction takes place. In case

accused person is acquitted,

property shall be restored to him.

Similar power conferred on

Lokpal and IO but they

should also believe that such

proceeds (property) is likely

to be concealed, transferred

etc, he may then order

provisional attachment in a

manner as prescribed under

Income Tax Act. Copy of

such order along with basis

for opinion to be forwarded toSpecial Court.

Nothing shall prevent person

interested in enjoyment of

attached property, from such

enjoyment.

Within 30 days of such

attachment, the Lokpal shall

direct its prosecution wing to

make application stating casefacts and seeking prayer of

confirmation of such

attachment till completion of

trial.

Special Court to grant the

prayer of confirming

attachment if it is satisfied

that property was acquired by

corrupt means.

In case of acquittal, property


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to be restored along with

benefits thereon as may have

accrued.

Interception of telephone,

internet (SA)

Lokpal Bench empowered to

direct interception and monitoring

of telephones, internet etc after

scrutiny. Indian telegraph Act to

be amended accordingly.

No such power given

Power of contempt (SD) No mention of any power to

contempt. However, Lokpal bench

is empowered to impose penalties

and sentence of imprisonment upto

maximum 6 months for failure to

comply with its orders

Jurisdiction, power and

authority in respect of

contempt of itself same as

that exercised by HCs.

Contempt matters to be heard

by a bench of 5 members.

Power to recommend transfer

(SA)

If Lokpal feels that continuance of

govt servant in a position can

adversely affect the investigation,

or he is likely to tamper with

evidence or influence witnesses or

continue with corruption, Lokpal

may direct transfer of such

employee.

-do-

Further, that the central govt

shall ordinarily accept the

recommendation, except

where it is not feasible for

administrative reasons, which

are to be recorded in writing.

Power to recommend

preventive action to public

authority

Lokpal, if satisfied during

investigation about necessity of

any preventive action to prevent

ongoing corruption, may make

recommendation to such public

authority. If recommendation is

rejected, Lokpal may move HC

against it.

No such power given to

Lokpal

Power to search and seizure

(SA)

Power to authorise IO to search

for and seize such documents as

the Lokpal considers to be

relevant. Power to authorise such

documents to be retained if reqd

as evidence during inquiry.

CrPC to be followed as far as

may be.

Lokpal empowered toauthorize, by search warrant,

search and inspection for any

property, document or thing.

CrPC to be followed as far as

may be. Such warrant deemed

to be warrant under CrPC

Other powers of Lokpal Power to impose punishment of

dismissal, removal or reduction

No such powers conferred on

Lokpal


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in rank against govt servants,

after reasonable hearing

Power to recruit IOs and other

officers and get them trained in

modern methods. Power toacquire modern investigation

equipment.

To recommend

cancellation/modification of

lease/contract etc if obtained by

corrupt means and to

recommend blacklisting of

organisation involved. In event

of rejection, Lokpal entitled to

move HC.

To make recommendations to

public authorities, in

consultation with them, for

reduction of corruption and

whistleblower victimisation.

To prepare sentencing policy for

offences under PCA, 1988.

To inquire into asset declaration

statements of successfully

elected MPs

Empowered to perform such

other functions necessary for

implementation of the Act.

What upon conviction (SA) Upon conviction, Special court to

determine assets acquired by

convicted public servant from

corrupt acts. Special Court to pass

order for confiscation of all such

assets as well as subsequent

accruals on them.

Loss caused by corrupt act of

convicted public servant to be

determined and order for recovery

of such amount shall be made by

Special Court.

Act provides for minimum 6

months imprisonment as

If public servant convicted,

relatable proceeds to be

confiscated and to vest in

govt free of any encumbrance

etc.

Special Court empowered to

make assessment of loss, if

any, caused to public

exchequer on account of

actions taken for which public

servant stands convicted, and

may order recovery of such

loss, if possible and

quantifiable from such

convicted public servant.May, in certain situation, also


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punishment for act of corruption.

If beneficiary of offence is

business entity, 5 times the loss

caused may be recovered. Such

recovery may be made from personal assets of managing

directors if assets of business

entity insufficient.

If company/director convicted,

such company/director shall be

blacklisted and ineligible for

future govt work.

Conviction of public servant to

lead to his removal from office.

If Lokpal directs fine to be

deducted from salary, duty of

disbursing officer giving such

salary to deduct, otherwise he shall

become liable for the similar fine.

be recovered from

beneficiary.

Appeal against orders of

Lokpal

Appeal shall be subject to writ

jurisdiction of HC under Article

226 of the Constitution.

Ordinarily, HCs not to stayLokpals order. When they do,

case must be decided within 2

months, else stay would be

deemed to be vacated and no

further stay could be granted.

Chief Justices of HCs to

constitute special exclusive

benches to hear cases under the

Act and to ensure that case is

decided not later than in 6

months.

No provision regarding

appeal against orders of

Lokpal.

No provision for constitutionof special benches of HCs.

Funding and financial

independence from central

govt (SD)

All expenses to be charged to

Consolidated Fund of India.

Chairperson and Member

collectively shall finalise the

Lokpals budget in such a manner

that it is less than % of the total

revenue of the Govt of India.

Lokpal would not need any

Expenses of Lokpal,

including all salaries etc

payable to Chairperson,

members and other staff shall

be charged on Consolidated

Fund of India.

Lokpal to prepare and its

budget for next financial year


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administrative or financial

sanction from any govt agency to

incur expenditure.

in advance and forward it to

central govt for information.

Central govt may, after due

appropriation made by

Parliament by law, make toLokpal grants to meet salaries

etc payable to Chairperson,

Members and other staff.

Auditing and Parliamentary

supervision (SA)

CAG to conduct annual financial

and performance audit.

A Parliamentary Committee to do

annual appraisal of Lokpals

functioning.

Lokpal to submit a compliance

report, mentioning reasons where

it doesnt accept recommendations

of committee. Such report to be

placed before both houses of

Parliament.

Lokpal to maintain accounts

and records, to prepare annual

statement of accounts.

Accounts to be audited by

CAG. CAG or person

appointed by him shall have

same rights etc as the CAG

has in connection with audit

of govt accounts.

Accounts and audit report

shall be forwarded annually

to central govt which shall

place it before both houses of

Parliament.

Periodical reports (SA) To present annual consolidated

report on performance toPresident. Copy thereof with

explanatory notes to be

forwarded by President before

both Houses.

Lokpal to furnish every month

information about new cases

received, disposed of, outcome

in each, list of pending cases,

minutes of meetings.

Lokpal to submit to central

govt, at such time and insuch manner as the central

govt prescribes, information

in regard to any matter

under its jurisdiction, as the

central govt may require.

Lokpal required to present to

central govt an annual report

giving summary of its

activities. Central govt shall

lay it before both houses ofParliament.

Public Servants to submit

property statements (SA)

All public servants to give his and

his family members (spouse and

children and dependents)

statement of assets and liabilities

to Head of that public authority

within 3 months of Act coming

into force.

Head to ensure such statements are

Every public servants shall

make declaration of assets

and liabilities in manner

prescribed.

Public servant to provide such

info within 30 days of

appointment to public office;

those already holding office


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published on its website.

If found that public servant owns

some property which wasnt

disclosed, same shall be liable to

be confiscated.Possession of undisclosed

property, shall lead to presumption

of ownership unless rebutted.

also to provide info within 30

days of Act coming into

force.

Annual return of such assets

and liabilities to be filed withcompetent authority annually,

which such authority shall

assure are published on its

website.

Failure to provide info by

public servant, or to provide

misleading info, shall lead to

presumption that such assets

have been acquired by corrupt

means.

Provisions to prevent

corruption (SD)

No govt official to be eligible to

take up job etc with any

organisation he dealt with in his

official capacity.

All contracts, public-private

partnerships transfers by sale,

lease, any form of largesse by any

public authority to be completed

transparently by calling for publictenders/bids etc, unless in

emergency. Violation of this shall

make contract etc void. Details of

all such contracts etc to be put on

website.

All contracts etc relating to

transfer of natural resources to any

private entity shall be put on

website within a week of beingsigned.

No such provisions.

Citizens Charter (SD) Each public authority to have

citizens charter (CC) within one

year of Act coming into force,

which shall be revised every year

through process of public

consultation.

Charter to list commitments to

citizens, time period of meetingthem and designate officer

Every ministry, department,

corporation, authority etc

constituted under central law

or partly of wholly financed

by it or controlled by it, and

society/association/trust

receiving grants from govt,

public or under ForeignContribution (Regulation) Act


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responsible for such commitments.

Lokpal may direct binding

changes.

If no CC is prepared, Lokpal in

consultation with public authority,shall notify CC binding on public

authority.

Public authority to make

assessment of resources reqd. for

fulfilment of CC, govt shall be

bound to provide the same.

Each public authority to designate

senior most officer in each station

where such authority has an office

as Public Grievance Redressal

Officer (PGRO) for that office.

Complaints can be made to PGRO

regarding violation of CC. PGRO

to get grievance redressed within

30 days. Upon failure, complaint

may be made to Lokpal, which

after hearing may impose suitable

penalty on PGRO. Lokpal may

also recommend departmental

punishment against PGRO and

shall order redressal of grievance

within time frame. Each district to

have at least one Appellate

Grievance Redressal Officer

(AGRO) whose social audit

through public consultation to take

place periodically.

shall prepare CC within a

year of Act coming into

effect. Same specifications

reqd. in CC.

All such bodies mandated to prepare CC shall also have

PGRO to whom complaint of

non-compliance of CC may

be made by aggrieved person.

One PGRO in each district

where office of such authority

is located.

No further mechanism for

grievance Redressal

mentioned.

No institutional link with

Lokpal specified.

Whistle Blower (SD) Contains provision where Lokpal

is duty bound to encourage whistle

blowers and to provide full

protection to them, keep identity

secret, if needed, to give suitable

directions in this behalf to

investigating agencies. Orders

upon such complaints by whistle

blowers to be made within one

month of complaint. Fast tracked

No such provision regarding

whistleblowers.


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investigation mandated where

whistleblowers face victimisation.

Penalties for baseless

complaints (SD)

Maximum fine upto Rs one lakh

may be imposed upon

complainants whose complaints

are found to be baseless and only

to harass certain authorities. If

such complaint is against any

officer of Lokpal, Lokpal may

sentence complainant to 3 months

imprisonment in addition to fine.

Complainants to be given

opportunity to be heard before any

such order is made.Complaints once made cannot be

withdrawn

Person who makes complaint

which is held by Lokpal to be

false and frivolous commits

offence punishable

imprisonment of minimum 2

years which may extend to 5

years and also with maximum

fine of Rs 2 lakhs.

Cognizance of such

complaint to be taken by

court only upon complaint by

person against whom suchfrivolous complaint was

made. Expenses of such

prosecution to be borne by

central govt.

Upon conviction, such

convicted complainant to pay

compensation and legal

expenses, as court may direct.

In case of such offence bysociety/trust/association of

persons, those who were in

charge and responsible for

conduct of business shall be

liable to be punished.

Transparency (SD) Express obligation to make the

office of Lokpal transparent and its

workings, information held by it,

records of each case accessible to

public

No such express obligation

other than those already

stated

Measures to ensure integrity

(SD)

Lokpal to conduct regular integrity

audit and either study himself or

cause to be studied himself the

functioning of the public

authorities under it.

No express provision for the

same

Reward scheme (SD) Lokpal to prepare appropriate

reward scheme to encourage

complaints from both inside and

No such provision present


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outside governments

Assessment of no of judges

required (SA)

Every year Lokpal to assess and

recommend to central govt for

constitution no of special courts

required to meet objective of

speedy trial. Such

recommendation to be biding on

central govt. Such special courts

must be exclusively for cases

under this Act.

Central govt to constitute

such no of Special Courts to

hear and decide cases under

PCA, 1988 as the Lokpalrecommends.

Time limits (SA) Ordinarily, investigation to be

completed within 6 months, trial

within 12 months

Ordinarily, preliminary

inquiry/investigation to be

completed within 30 days,inquiry within 6 months, trial

within one year.

With respect to complaints

against officers/staff of

Lokpal, it should complete

inquiry within 30 days, order

prosecution, if prima facie

case made out, within 15

days.

Immunity to bribe giver (SD) Bribe giver may be grantedimmunity from prosecution by

special court if he voluntarily

gives timely assistance to Lokpal

for the purpose of getting bribe

taker public servant caught and

convicted, provided he

relinquishes the illegitimate

benefits acquired by him.

No such provision.

Good faith protection clause No such protection clause. No suit, prosecution or otherproceedings shall lie against

any public servant including

Lokpal, its officers/staff etc

for anything done in good

faith or intended to be done in

discharge of his official

duties.

Bar of jurisdiction of civil

courts

No express clause for exclusion of

jurisdiction of civil court.

No civil to have jurisdiction

in respect of any matter

which Lokpal under this Act


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is empowered to determine.

Amendment/modifications in

other Act (SD)

Other than those already specified,

the applicability and modifications

of provisions of other Acts shall be

as follows:

Section 389(3), CrPC (dealing

with suspension of sentence if

convicted person satisfies Court

that he indents to present appeal

and where sentence is not more

than 3 years, or offence is a

bailable one and he is on bail)

shall not be applicable to offences

under PCA, 1988.Right to file appeal against

sentence and acquittal to lie with

Lokpal. Section 377 and 378,

CrPC to be applicable accordingly.

Complainant also to have right to

appeal, Section 372, CrPC to be

applicable accordingly.

Notwithstanding Section 397,

CrPC, no court shall ordinarily callfor records in of trial for offences

under PCA, 1988.

Lokpal shall have power to

investigate, and Special Courts

shall have jurisdiction to try

offences under PCA, 1988

notwithstanding Money

Laundering Act, 2002.

In trial of offences under PCA,

1988 no adjournment shall be

granted unless it is necessary for

interests of justice and is recorded

in writing.

Other than those already

specified, following

provisions of other Act

modified:

Section 3 of Commissions of

Inquiry Act to become subject

to this Act.

Maximum imprisonment for

criminal misconduct by

public servant enhanced from

seven years to ten years.

Maximum imprisonment for

habitual committing of

offence under Section 8, 9 or

12 enhanced from seven to

ten years. Section 13 and 14

respectively of PCA, 1988 to

be amended accordingly.

Power to make rules and

regulations (SA)

Lokpal may by notification make

regulations consistent with the

Act, to carry out the provisions of

the Act. Regulations to be laid

before both Houses of Parliament.

Central govt may, by

notification, make rules to

carry out provisions of the

Act.

Subject to the provisions of

the Act and rules made


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thereunder, Lokpal may make

regulations to carry out

provisions of the Act.

Both Rules and regulations to

be laid before both Houses.

Removal of Difficulties (SA) If any difficulty arises in giving

effect to the Act, Central govt

may, on recommendation of

Lokpal, by order, remove such

difficulty within 2 years of

commencement of the Act. Such

order shall be laid before both

Houses.

-do-

Except that it is not provided

that Central govt should

consult Lokpal.

Date post:	07-Apr-2018
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