Jan Lokpal Bill version 2.3 - English

THE JAN LOKPAL BILL 2011

STATEMENT OF OBJECTS AND REASONS

In his foreword to the UN Convention Against Corruption, the then
Secretary General of the United Nations, Mr. Kofi Annan wrote,
“Corruption is an insidious plague that has a wide range of corrosive
effects on society. It undermines democracy and the rule of law, leads
to violations of human rights, distorts markets, erodes the quality of
life and it allows organized crime, terrorism and other threats to
human security to flourish.
This evil phenomenon is found in all countries, big and small, rich and
poor – but it is in the developing world that its effects are more
destructive. Corruption hurts the poor disproportionately by diverting
funds intended for development, undermining the government’s ability
to provide basic services, feeding inequality and injustice and
discouraging foreign aid and investment. Corruption is a key element
in economic underperformance and the major obstacle to poverty
alleviation and development”.
The preamble of this Convention which has been signed by India and
has been ratified by it, states that this Convention was adopted (on
31st October 2003) because the parties adopting it were “concerned
about the seriousness of the problems and the threats posed by
corruption to the stability and security of societies, undermining the
institutions and values of democracy, ethical values and justice and
jeopardizing sustainable development and the rule of law”.

Some of the serious effects of corruption in India were set out in 1993
itself in the N.N. Vohra Committee report, which stated that,
“The nexus between the criminal gangs, police, bureaucracy and
politicians has come out clearly in various parts of the country. The
existing criminal justice system, which was essentially designed to deal
with the individual offences/crimes, is unable to deal with the activities
of the Mafia; the provisions of law in regard economic offences are
weak….The various crime Syndicates/Mafia organisations have
developed significant muscle and money power and established
linkages with governmental functionaries, political leaders and others
to be able to operate with impunity”.
Corruption has indeed assumed alarming proportions and it is clear
that the existing anti-corruption institutions have failed to tackle the
menace and it has therefore become imperative to address the
problems which plague the effectiveness of existing anti-corruption
institutions and laws.
Article 6 (2) of UNCAC provides that “each state party shall grant the
body (anti corruption institution) or bodies referred to in paragraph 1 of
this article, the necessary independence, in accordance with the
fundamental principles of its legal system, to enable the body or
bodies to carry out its or their functions effectively and free from any
undue influence. The necessary material resources and specialized
tasks, as well as the training that such staff may require to carry out
their functions should be provided”.
This bill provides for the constitution of a Lokpal Authority which will be
independent of the public officials and public authorities that it will be
empowered to investigate and prosecute. Such independence is
sought to be provided both by way of a broad based and transparent
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selection process as well as by functional autonomy. The bill,
therefore, provides that the Lokpal shall have the authority to select its
own staff and also ensure that such staff is adequate to handle
complaints of corruption, misconduct as well as grievances. Corruption
always involves misconduct and gives rise to grievances. These are
inter-related. The existing vigilance machinery and the existing
grievance redressal machinery also suffer from the problem of conflict
of interests where vigilance officers and grievance redressal officers
are unrealistically expected to exercise vigilance over their own bosses
or those who exercise administrative control over them. The bill,
therefore, provides that the vigilance machinery and the grievance
redressal machinery also be brought under the supervisory control of
an independent Lokpal.
Article 7 (4) of UNCAC provides that “each state party shall, in
accordance with the fundamental principles of their local law,
endeavour to adopt, maintain and strengthen systems that promote
transparency and prevent conflicts of interests”. These are the
principles on the basis of which powers of investigation and
prosecution for corruption, enquiry and punishment for misconduct are
required to be entrusted to an independent authority which would have
no conflict of interests.
Article 8 (2) of UNCAC provides that “in particular, each state party
shall endeavour to apply within its own institutional and legal systems,
codes or standards of conduct for the correct, honourable and proper
performance of public functions”. In accordance with these principles,
the bill provides that each public authority shall prescribe a citizen’s
charter for the performance of its public functions for which it would be
held accountable to the independent Lokpal authority.
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Article 8 (5) of the UNCAC provides that “each state party shall
endaevour, where appropriate and in accordance with the fundamental
principles of its domestic laws, to establish measures and systems
requiring public officials to make declarations to appropriate
authorities regarding, inter-alia, their outside activities, employment,
investment, assets and substantial gifts or benefits from which a
conflict of interest may result with respect to their functions as public
officials”.
Article 8 (6) provides that “each state party shall consider taking, in
accordance with the fundamental principles of its domestic law,
disciplinary or other measures against public officials who violate the
codes or standards established in accordance with this Article”.
Article 12 dealing with the private sector obliges each state party to
take measures for “promoting transparency amongst private entities,
including where appropriate, measures regarding the identity of legal
and natural persons involved in the establishment and management of
corporate entities; preventing the misuse of procedures regulating
private entities including procedures regarding subsidies and licenses
granted by public authorities for commercial activities; preventing
conflicts of interests by imposing restrictions as appropriate and for a
reasonable period of time, on the professional activities of former
public officials or on the employment of public officials by the private
sector after their resignation or retirement, where such activities or
employment relate directly to the functions held or supervised by
those public officials during their tenure”.
Article 13 of the UNCAC dealing with participation of society provides
“each state party shall take appropriate measures within its means
and in accordance with the fundamental principles of its domestic law
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to promote the active participation of individuals and groups outside
the public sector, such as civil society, non-government organizations
and community based organizations in the prevention of and the fight
against corruption and to raise public awareness regarding the
existence, causes and gravity of and the threat posed by corruption.
This participation shall be strengthened by such measures as:
enhancing the transparency of and promoting the contribution of the
public to decision making processes; ensuring that the public has
effective access to information”.
Article 34 of UNCAC provides that “with due regard to the rights of
third parties, acquired in good faith, each state party shall take
measures, in accordance with the fundamental principles of its
domestic laws, to address consequences of corruption. In this context,
state parties may consider corruption a relevant factor in legal
proceedings to annul or rescind a contract, withdraw a concession or
other similar instrument or take any other remedial action”.
In accordance with all the above principles enunciated in the UNCAC,
the powers of investigation and prosecution of public officials for
corruption and disciplinary action for corruption against government
officials are sought to be brought under an independent Lokpal
authority. In addition, violation of the citizen’s charter which is akin to
a code of conduct, would also be enquired into by the vigilance
machinery under the Lokpal. Other ancillary powers such as freezing
of assets acquired by public servants by corrupt means are also sought
to be conferred on this authority. The integrity of the authority and the
anti-corruption/vigilance machinery under its control is sought to be
achieved by mandating transparency in its functioning and public
participation, wherever possible. The accountability of the Lokpal itself
would be to the Supreme Court, which would have the authority to
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enquire into and order the removal of members of the Lokpal. The
officials under the Lokpal will be accountable to independent
complaints authorities apart from the Lokpal itself. Judicial review over
the actions of the Lokpal by the High Courts under Article 226 and the
Supreme Court under Article 32 and 136 would further ensure the
accountability of the Lokpal.
Lokpal Bills have been successively introduced in Parliament for the
last 42 years but aborted each time for various reasons. An effective,
independent and empowered Lokpal institution is a need for which the
country cannot wait any longer. This Bill seeks to achieve this
objective.
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JAN LOKPAL BILL 2011
A Bill to establish an independent authority to investigate
offences under the Prevention of Corruption Act, 1988 to detect
corruption by expeditious investigation and to prosecute offenders and
to ensure timely redressal of certain types of public grievances and to
provide protection to whistleblowers.
Be it be enacted by Parliament in the Sixty-first Year of the
Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Jan Lokpal Act, 2011.
(2) It shall come into force on 120th day of its securing assent
from the President of India.
2. Definitions:
In this Act, unless the context otherwise requires:-
(a) “Board” means the Chairman and the other members of the
Lokpal Collectively.
(b) “Complaint” means an allegation of corruption or a request by
whistleblower for protection and appropriate action.
(c ) “Lokpal” means and includes,
(i) Benches constituted under this Act and performing
functions under this Act;
(ii) Any officer or employee performing under this Act,
(iii) The Board in rest of the cases;
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(d) “Lokpal Bench” means a Bench of 2 or more members of the
Lokpal acting together in respect of any matter in accordance
with the regulations. Each bench shall have a member with legal
background.
(e) “Act of corruption” includes -:
i) anything made punishable under Chapter IX of the Indian
Penal Code or under the Prevention of Corruption Act, 1988;
which would also include any offence committed by an elected
member of a house of legislature even in respect of his speech or
vote inside the house.
ii) willfully giving any undue benefit to any person or obtaining
any benefit from any public servant in violation of any laws or
rules,
iii) victimization of a whistleblower or a witness.
iv) repeated violation of citizen’s charter by any public servant.
(f) “Full bench” means a bench with seven members with or without
the Chairperson
(g) “Government Servant” means a public servant, who is not an
elected representative or a judicial officer.
(h) “Grievance” means a claim by a person that he could not get
satisfactory redressal according to a citizens’ charter despite
approaching a Grievance Redressal Officer of that Department;
(i) “Judicial officer” means the officers appointed under section 22
of this Act.
(j) “Penalty” under this Act means punishment of dismissal, removal
or reduction in rank
(k) “Public authority” means any authority or body or institution of
self-governance established or constituted –
i) by or under the Constitution; or
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ii) by or under any other law made by the Parliament, or
a state legislature
iii) by notification issued or order made by the
Government, and includes any body owned, controlled or
substantially financed by the Government;
(l) “Public servant” shall have the same meaning as defined in
section 2(c) of Prevention of Corruption Act 1988.
(m) “Whistleblower” means any person, who provides information
about corruption in a public authority or is a witness or victim in
that case or who faces the threat of
(i) professional harm, including but not limited to illegitimate
transfer, denial of promotion, denial of appropriate
perquisites, departmental proceedings, discrimination or
(ii) physical harm, or
(iii) is actually subjected to any harm;
because of either making a complaint to the Lokpal under this
Act, or for filing an application under the Right to Information
Act, 2005 or by any other legal; action aimed at preventing or
exposing corruption or mal-governance.
3. Notwithstanding anything in any other Act or Law the provisions
of this Act shall prevail and to the extent that the provisions of this Act
are repugnant to any other provision in any other Act or law, the
provisions in other Acts or laws shall stand amended to the extent of
such repugnancy.
CHAPTER II
ESTABLISHMENT OF LOKPAL
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4. (1) Immediately after the commencement of this Act, the Central
Government by a Notification shall establish an institution known
as Lokpal, who would have administrative, financial and
functional independence from the government.
(2) The Lokpal shall consist of a Chairperson and 10 other members
and various officers under them at different levels to perform
such functions as are assigned to them under this Act.
(3) The Chairperson and the 10 members of the Lokpal shall be
appointed by the President on the recommendation of a
Selection Committee.
(4) The following shall not be eligible to become Chairperson or
Member of Lokpal:
(a) Any person, who is not a citizen of India, or
(b) Any person, against whom charges were ever framed by any
court of law for any offence involving moral turpitude, or
(c) Any person, who is less than 45 years in age, or
(d)Any person, who was in the service of any government and
has remitted office within the last two years, either by way of
resignation or retirement.
(5) At least four members of Lokpal shall have a legal background.
Explanation: “Legal Background” means that the person should
have held a judicial office in the territory of India for at least ten
years or should have been an advocate in a High Court or the
Supreme Court for at least fifteen years.
(6) The Selection Committee shall consist of the following:-
(i) The Prime Minister of India, who will be the Chairperson of
the Selection Committee.
(ii) The Leader of the Opposition in the Lok Sabha
(iii) Two judges of Supreme Court of India and two permanent
Chief Justices of the High Courts selected by collegium of all Supreme
Court judges
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(v) The Chief Election Commissioner of India
(vi) The Comptroller & Auditor General of India
(vii) All previous Chairpersons of Lokpal.
(7) The Selection Committee shall select the Chairperson and the
other members of the Lokpal from out of a short list prepared by
the Search Committee. The Chairperson shall be a person with
extensive knowledge of law.
(8) A Search Committee shall consist of 10 members. 5 of its
members shall be selected by the Selection Committee from
amongst the retired Chief Justices of India, the retired Chief
Election Commissioners and the retired Comptroller and Auditor
Generals with impeccable reputation of integrity, who have not
joined any political party after retirement and who are not
holding any office under any government. The 5 members so
selected shall, through consensus, co-opt another 5 members
from the Civil Society in the search committee.
(9) The Search Committee before preparing the short list will invite
nominations from such eminent individuals or such class of
people, whom they deem fit, for the position of Chairperson or
the members of the Lokpal.
(10) Only persons with impeccable integrity and record of public
service particularly in the field of fighting corruption shall be
eligible for being considered for nomination.
(11) The recommendations about nominees should, interalia, contain
details of any allegations faced by that candidate under any law,
details of his work against corruption in the past, reasons why that
person is suitable for the job and any other material that the search
committee may decide.
(12) The search committee, using any other means, shall collect as
much information about the background and past achievements of
these candidates.
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(13) Such nominations as are received shall be put on a web
site for inviting comments from the people with regard to the
suitability or otherwise of the nominees.
(14) The Search Committee after taking into consideration the
comments/information received from the public shall prepare,
preferably through consensus, the short list of 3 times the number of
persons to be appointed as members of the Lokpal.
(15) Any nominations to which objections are raised by any 3
members of the Search Committee shall not be included in the short
list.
(16) Before sending the short list to the Selection Committee, the
Search Committee will get the names of the short listed persons put
on a public web site to enable people to send any relevant
information/comments about the shortlisted persons.
(17) The Selection Committee shall, after considering all relevant
information about the short listed candidates, select the required
number of persons preferably through consensus. However, a person
shall not be selected if 3 members of the Selection Committee
disapprove such names.
(18) The Selection Committee after selecting the persons to be
appointed as members or Chairperson of the Lokpal shall ascertain
their willingness to serve as members or Chairperson, as the case
may be, before recommending the names to the President.
(19) The Government shall fill up a vacancy of the Chairperson or a
member 3 months before the member or the Chairperson is due to
retire. If the vacancy arises due to unforeseen reasons, it shall be
filled within three months of such vacancy arising.
(20) The Officers in the Lokpal shall be appointed by the Board
or any other authority designated by the Regulations whether on a
permanent basis or on a temporary basis.
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(21) The Chairperson or members of Lokpal shall not be serving
member of either the Parliament or the Legislature of any State and
shall not hold any office of profit (other than the office as Chairperson
or member) or carry on any business or practice any profession and
accordingly, before he enters upon his office, a person appointed as
the Chairperson or member of Lokpal shall-
(i) if he holds any office or profit, resign from such office; or
(ii) if he is carrying on any business, sever his connection with
the conduct and management of such business; or
(iii) if he is practicing any profession, suspend practice of such
profession, or
(iv) if he is associated directly or indirectly with any other
activity, which is likely to cause conflict of interest in the
performance of his duties in Lokpal, he should suspend his
association with that activity.
Provided that if even after the suspension, the earlier
association of that person with such activity is likely to
adversely affect his performance at Lokpal, that person
shall not be appointed as a member or Chairperson of
Lokpal.
(22) A person appointed as the Chairperson or member of
Lokpal shall hold office for a term of five years from the date on
which he enters upon his office or upto the age of 70 years,
whichever is earlier;
Provided that ,-
(a) the Chairperson or member of Lokpal may, by writing
under his hand addressed to the President, resign from his
office;
(b) the Chairperson or member may be removed from office in
the manner provided in this Act.
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(23) There shall be paid to the Chairperson and each member a
salary equal to that of the Chief Justice of India and that of the judge
of the Supreme Court respectively;
(24) The allowances and pension payable to and other
conditions of service of the Chairperson or a member shall be such
as may be prescribed by the government;
Provided that the allowances and pension payable to and other
conditions of service of the Chairperson or a member shall not be
varied to his disadvantage after his appointment.
(25) The Chairperson and members of Lokpal shall not be
eligible for appointment to any position in the Government of India or
the government of any State or any such body which is funded by
any of the Governments or for contesting elections to Parliament,
State Legislature or local bodies.
5. The Lokpal shall select and appoint a Secretary to the Lokpal
who will have the rank of Secretary to the Government of India. He
shall be competent to authenticate all orders passed by the Lokpal.
CHAPTER III
POWERS AND FUNCTIONS OF THE LOKPAL AND ITS OFFICERS
Functions of Lokpal:
6. The Lokpal shall have the following functions and powers
a) to exercise superintendence over the investigation of offences
involving any act of corruption.
b) to give directions to the investigating officers for the purpose of
proper investigation of such offences.
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c) after completion of investigation in any case involving an
allegation of an act of corruption, to impose punishment of dismissal,
removal or reduction in rank against government servants after giving
them reasonable opportunities of being heard.
d) to ensure that the public grievances covered by this Act are
redressed in a time bound manner
e) to initiate prosecution before a Special Court established under
the Prevention of Corruption Act, 1988
f) to ensure the proper prosecution of cases before a Special Court
established under the Prevention of Corruption Act, 1988.
g) to provide by rules for the terms and conditions of service
including the allowances and pension payable to the officers and staff
of the Lokpal.
h) to authorize a Bench of the Lokpal to issue letters-rogatory in
relation to any case pending investigation under this Act.
i) to receive complaints from whistle blowers.
j) to receive complaints against any officer or staff of Lokpal.
k) to recruit investigating officers and other officers and staff and
get them trained in modern methods of scientific investigation.
(l) to appoint judicial officers, prosecutors and senior counsels.
(m) to acquire modern equipment necessary for proper
investigation.
n) to attach property and assets acquired by corrupt means and to
confiscate them in certain cases as provided under this Act.
(o) to recommend cancellation or modification of a lease, license,
permission, contract or agreement, if it was obtained by corrupt means
and to recommend blacklisting of a firm, company, contractor or any
other person, involved in an act of corruption. The public authority
shall either comply with the recommendation or reject the same within
a month of receipt of recommendation. In the event of rejection of its
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recommendation, the Lokpal may approach appropriate High Court for
seeking appropriate directions to be given to the public authority.
p) to ensure due compliance of its orders by imposing penalties on
persons failing to comply with its orders as provided under this Act.
q) to initiate suo moto appropriate action under the Act on receipt
of any information from any source about any corruption.
r) to make recommendations to public authorities, in consultation
with them, to make changes in their work practices to reduce the
scope for corruption and whistleblower victimization. The concerned
authority shall send its compliance report to Lokpal within two months
specifying detailed reasons, wherever they choose to reject any of the
recommendations.
s) to prepare a sentencing policy for the offences under Prevention of
Corruption Act and revising it from time to time.
t) to ensure that the time limits mentioned in this Act are strictly
adhered to.
u) to ensure the integrity of its functionaries and impose punishments
of dismissal, removal and reduction in rank against.
v) to require any public authority to render any specific help required
by the Lokpal.
w) to prepare an appropriate reward scheme to encourage complaints
from within and outside the government to report acts and evidence of
corruption.
Provided that the total value of such reward shall not exceed 10% of
the value of the loss recovered or loss prevented.
(x) to inquire into the assets declaration statements filed by all
successful candidates after any election to any seat in any House of
the Parliament.
(x) Such other functions as may be necessary for the proper
implementation of this Act.
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Powers of officers under Lokpal
7. (1) The Investigating Officers of Lokpal authorized to investigate
offences under the Prevention of Corruption Act 1988 shall have all the
powers which are vested in a Police Officer while investigating offences
under the Code of Criminal Procedure, as well as the powers conferred
on the director of enforcement under the Foreign Exchange
Management Act, 1999 as well as under the Prevention of Money
Laundering Act, 2002.
(2) The members of Lokpal or any officer under the Lokpal while
exercising any powers under the Act shall have the powers of a civil
court trying a suit under the Code of Civil Procedure, 1908, and in
particular, in respect of the following matters :
(a) summoning and enforcing the attendance of any person from
any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or
office;
(e) issuing commissions for the examination of witnesses or other
documents; and
(f) any other matter which may be prescribed
(3) All members of the Lokpal and all officers of the Lokpal superior
in rank to an Investigating Officer may exercise the same powers as
may be exercised by such Investigating Officer.
(4) A Lokpal bench may punish a public servant with imprisonment up
to 6 months or with fine or both, if he fails to comply with its order for
ensuring their compliance
(5) If during the course of investigation into a complaint, the Lokpal
feels that continuance of a government servant in that position could
adversely affect the course of investigations or that the said
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government servant is likely to destroy or tamper with the evidence or
influence the witnesses or is likely to continue with corruption, the
Lokpal may issue appropriate directions including transfer of that
government servant from that position.
(6) The Lokpal may, at any stage of investigation under this Act, direct
by an interim order, appropriate authorities to take such action as is
necessary, to prevent the public servant from secreting the assets
allegedly acquired by him by corrupt means;
(7) While investigating any offence under Prevention of Corruption Act
1988, Lokpal shall be competent to investigate any offence under any
other law in the same case.
(8) If during any investigation under this act, the Lokpal is satisfied that
any preventive action is necessary in public interest to prevent the
ongoing incidence of corruption, it may make any recommendation to
the public authority concerned to stay the implementation or
enforcement of any decision or take any such action as is
recommended by the Lokpal. The public authority shall either comply
with the recommendation of the Lokpal or reject the same within 15
days of the recommendation thereof. In the event of rejection of its
recommendation, the Lokpal may approach the appropriate High Court
for seeking appropriate directions to be given to the public authority.
8. For the purposes of investigation of offences related to acts of
corruption, the appropriate Bench of the Lokpal shall be deemed to be
designated authority under Section 5 of the Indian Telegraph Act
empowered to approve interception and monitoring of messages of
data or voice transmitted through telephones, internet or any other
medium as covered under the Indian Telegraph Act read with
Information and Technology Act 2000 and as per rules and regulations
made under the Indian Telegraph Act 1885.
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Issue of search warrants:
9. (1) Where, in consequence of information in his possession, the
Lokpal
(a) has reason to believe that any person –
(i) to whom a summon or notice under this Act, has, been
or might be issued, will not or would not produce or cause
to be produced any property, document or thing which will
be necessary or useful for or relevant to any inquiry or
other proceedings to be conducted by him;
It may by a search warrant authorize any officer not below the rank of
an Inspector of Police to conduct a search or carry out an inspection in
accordance therewith and in particular to, enter and search any
building or place where he has reason to suspect that such property,
or document, is kept;
(2) The provisions of the Code of Criminal Procedure, 1973, relating
to search and seizure shall apply, so far as may be, to searches and
seizures under sub-section (1).
(3) A warrant issued under sub-section (1) shall for all purposes, be
deemed to be a warrant issued by a court under section 93 of the Code
of Criminal Procedure, 1973.
CHAPTER IV
PROCEEDINGS OF LOKPAL
10. (1) The Lokpal may regulate the procedure for the transaction
of its business or that of its officers as also allocation of its business
amongst the different benches of Lokpal.
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(2). No act or proceeding of the Lokpal shall be invalid merely by
reason of :
(a) any vacancy in, or any defect in the constitution of Lokpal ;
(b) any defect in the appointment of a person acting as a member of
Lokapl ; or
(c) any irregularity not affecting the merits of the case
(3) All policy level decisions including formulation of regulations,
assignment and delegation of functions and powers shall be taken by
the Board in accordance with regulations.
(4) A complaint by any person may be made in the form of a First
Information Report as provided under the Code of Criminal Procedure
which will not require any payment of fee or affidavit and could be sent
to any office of the Lokpal and shall not be rejected merely on the
basis of motive or intention of the complainant.
(5) The investigation in any case shall not be closed by the
investigating officer without recording reasons for such closure.
(6) The hearings in any proceedings before the Lokpal shall be held in
public except in exceptional circumstance where it is not in public
interest to do so and the reasons for the same shall be recorded in
writing before those proceedings are held in camera. The hearings
held in public shall be video recorded and shall be made available to
the public on payment of copying cost.
CHAPTER V
ACCOUNTABILITY OF LOKPAL
Removal of Chairperson or members of Lokpal:
11. (1). The Chairperson or any other member of the Lokpal shall
only be removed from his office by the President, on the
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recommendation of the Supreme Court on any of the following grounds
after the Supreme Court, on the complaint of any person, held an
inquiry and found that he could on such ground be removed :
(a) that he has been guilty of misbehavior; or
(b) that he is unfit to continue in his office by reason of infirmity of
mind or body; or
(c) is adjudged an insolvent; or
(d) engages during his term of office in any paid employment
outside the duties of his office.
(2) In any such proceeding the Supreme Court may also direct the
suspension of such Chairman or member.
(3) On receipt of recommendation from the Supreme Court, the
President shall forthwith remove the Chairperson or the member, as
the case may be.
(4) Supreme Court shall, as far as possible, make its recommendations
within 3 months of receipt of complaint under this section.
(5) If the complaint is frivolous or has been made with malafide
intentions, Supreme Court may impose a fine or an imprisonment upto
one year or both on the complainant.
Appeals against the orders of Lokpal:
12. Any orders passed by any bench of the Lokpal or any officer of the
Lokpal shall be subject to the writ jurisdiction of the High Court under
Article 226 of the Constitution of India. Ordinarily, High Courts shall not
stay the order. However, if it does, it will have to decide the case
within two months, else the stay would be deemed to have been
vacated after two months and no further stay in that case could be
granted.
Audit of Lokpal:
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13. (1) The CAG shall conduct an annual financial and
performance audit of the Lokpal.
(2) A Parliamentary Committee shall do an annual appraisal of the
functioning of Lokpal. The Lokpal shall submit a compliance report,
mentioning detailed reasons where it does not accept the
recommendations of this committee, to the Parliament. It shall be
placed on the table of the two Houses of Parliament.
Reports of Lokpal:
14. (1) The Chairperson of Lokpal shall present annually a consolidated
report in the prescribed format on its performance to the President
(2) On receipt of the annual report, the President shall cause a copy
thereof together with an explanatory memorandum to be laid before
each House of the Parliament.
(3) The Lokpal shall publish every month on its website the list of
cases received during the previous month, list of cases disposed with
brief details of each such case, outcome and action taken or proposed
to be taken in that case, list of cases which are pending and minutes
and records of Board meetings.
CHAPTER VI
ACCOUNTABILITY OF OFFICERS OF LOKPAL
Independent Complaints Authority:
15. (1) In each State, one or more complaints authority would be
established by the Lokpal to entertain any complaints against any
officer or staff of the Lokpal.
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(2) Such complaints authority shall consist of 5 members to be
selected and nominated by a Committee of 3 persons consisting of:
i) The Chief Justice of the High Court of the State;
ii) The Chairman of the State Lok Ayukata
iii) The Chairman of the State Human Rights Commission
(3) The Complaints Authority shall be chaired by a retired High Court
judge and shall have two retired civil servants and two members of
civil society.
(4) The complaints received against any officer or staff of the Lokpal
shall be inquired into by the Complaints Authority in a public hearing
and shall be decided within 2 months of the receipt of the complaint.
The officer or staff of the Lokpal shall be given proper opportunity to
tender his defence. If the officer or member is found guilty of
misbehavior or dishonest investigation or corruption, the authority may
order his dismissal, removal or reduction in rank.
(5) The final orders passed by the Complaints Authority will be
subject to the writ jurisdiction of the High Court under Article 226 of
the Constitution.
(6) In suitable cases it would also be open to the complaints
authority to direct suspension of the officer or staff of the Lokpal.
(7) Lokpal shall provide for the expenses related to the functioning of
complaints authority.
(8) Complaints authority shall work in benches in accordance with
regulations made under this Act.
Transparency within Lokpal:
16. The Lokpal shall maintain complete transparency in its functioning
and shall ensure that full records of any investigation or inquiry
conducted under this Act after its conclusion is made public by being
put on a public web site.
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CHAPTER VII
INVESTIGATION AND PROSECUTION AGAINST HIGH
FUNCTIONARIES
17. (1) No investigation or prosecution shall be initiated without
obtaining permission from a 7-Member Bench of the Lokpal against any
of the following persons:-
i) The Prime Minister and any other member of the Council of
Ministers
ii) Any judge of the Supreme Court or any High Court
iii) Any Member of the Parliament
CHAPTER VIII
POWERS OF LOKPAL TO MAKE REGULATIONS
18. (1) The Lokpal may by notification make regulations consistent
with this Act to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the power
contained in sub-section (1) any such regulations may provide for all
or any of the following matters, namely:-
a) the creation of different wings in the Lokpal to deal with different
subjects like investigation, prosecution and grievances;
b) the conferment of authority on officers at different levels to
exercise powers under the Act and to lay down the procedure for any
inquiries including those relating to complaints against its officers or
members of staff ;
c) periods within which the investigations and inquiries have to be
completed
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d) To provide for the taking of certain decisions by appropriate
benches of the Lokpal by circulation only.
(e) Work norms for each category of officers and staff of Lokpal.
(3) The regulations framed by the Lokpal under this Section shall be
laid, as soon as may be after they are issued or made, before each
House of Parliament.
CHAPTER IX
REMOVAL OF DIFFICULTIES
19. (1) If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, on the recommendation of the
Lokpal, by order, not inconsistent with the provisions of this Act,
remove the difficulty provided that no such order shall be made after
the expiry of a period of 2 years from the date of commencement of
this Act.
(2) Every order made under this section shall be laid before each house
of Parliament.
CHAPTER X
TIMELY COMPLETION OF INVESTIGATION AND TRIALS FOR
CORRUPTION
20. (1) Every investigating officer shall endeavour to complete the
investigation of an offence within a period of 6 months but when
necessary he may obtain extension of time from a Bench of the Lokpal.
In any case the period of investigation shall not extend 18 months.
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(2). Every effort will be made by the special courts trying an offence
under the Prevention of Corruption Act to complete the trial within a
maximum period of 12 months.
(3). To achieve the objective of a speedy trial the Lokpal shall make
an annual assessment of the number of special courts required for this
purpose and shall make a recommendation to the Government for
creating a specific number of special courts which recommendations
shall be binding on the Government.
(4) The Chief Justices of High Courts will constitute such number of
special benches in respective High Courts to hear cases under this Act,
to ensure that an appeal in any case is decided as expeditiously as
possible and not later than six months.
(5) The judges of Special Courts and the appellate benches set up by
High Courts to hear cases under this Act will deal only with cases under
this Act.
CHAPTER XI
WHISTLE BLOWERS
21. (1) Any public official or any other person having information
of any corruption in any public authority would be encouraged to send
the information confidentially to the Lokpal; and it shall be the duty of
the Lokpal to get an inquiry made into such information and if
necessary get an investigation made under the Prevention of
Corruption Act.
(2). It shall be the duty of the Lokpal to provide full protection to
whistle blowers from any physical harm or administrative harassment.
Identity of such whistle blowers shall also be protected if the whistle
blower so desires.
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(3). For achieving this objective it shall be competent for the Lokpal
to give suitable direction to any security agencies for providing
security as well as to any other authority to ensure that no harassment
is caused to such whistle blower.
(4). Orders under this section shall be passed expeditiously and in
any case within a month of receipt of complaint. Immediate action will
be taken in cases involving a threat of physical victimization.
(5) The investigations in complaints by whistleblowers facing
physical or professional victimization shall be fast tracked and
completed within three months of receipt of the same.
CHAPTER XII
PENALTIES AND PUNISHMENTS AGAINST CORRUPT PUBLIC
SERVANTS
Penalties:
22. (1) After the completion of an investigation against any
government servant the Lokpal may either initiate prosecution against
such public servant or may initiate proceedings for imposition of
penalty or both.
(2) Lokpal shall appoint such officers, who may be retired judges or
retired civil servants or such others as may be provided, to act as
judicial officers for the purpose of this section, at such terms and
conditions as may be provided in regulations.
(3) A bench of judicial officers will conduct an inquiry against such
government servant for imposition of penalty in which full opportunity
to show cause would be given to such government servant. After
conclusion of the inquiry the bench shall also determine the penalty, if
any, to be awarded to that public servant. The decision of the bench
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will be subject to approval by a higher authority prescribed by the
Lokpal by through regulations.
(4) The recommendations so approved shall be binding on the
appointing authority.
Punishments:
23. (1) For any act of corruption, the punishment shall not be less
than six months of rigorous imprisonment and may extend up to
imprisonment for life.
(2) The Special Court may take into consideration the higher rank of
an accused person to inflict a more severe punishment.
(3) If the beneficiary of an offense is a business entity, in addition to
the other punishments provided for under this Act and under the
Prevention of Corruption Act, a fine of up to five times the loss caused
to the public shall be recovered from the accused and the recovery
may be made from the assets of the business entity and from the
personal assets of its Managing Directors, if the assets of the accused
person are inadequate.
(4) If any company or any of its officer or Director is convicted for any
offence under Prevention of Corruption Act, that company and all
companies promoted by any of that company’s promoters shall be
blacklisted and be ineligible for undertaking any government work or
contract in future.
(5) If a public servant is convicted under the Prevention of Corruption
Act, such public servant shall stand removed from his office.
24. Wherever Lokpal directs imposition of financial penalty on any
officer under this Act to be deducted from his salary, it shall be the
duty of the Drawing and Disbursing Officer of that Department to
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implement such order, failing which the said Drawing and Disbursing
Officer shall make himself liable for similar penalty.
CHAPTER XIII
GRIEVANCE REDRESSAL SYSTEM
25. (1) Each public authority shall prepare a specific charter within a
reasonable time not exceeding one year from the coming into force of
this Act.
(2) Every citizens’ charter shall enumerate the public authority’s
commitments to the citizens which are capable of being met within a
specific time limit and shall designate the officer whose duty would be
to fulfill the commitment of the public authority.
(3) If any public authority does not prepare its citizen’s charter within a
year, Lokpal shall notify the citizen’s charter on its own after consulting
the public authority and the same shall be binding on that authority.
(4) Each public authority shall make an assessment of the resources
required to implement the citizen’s charter and the government shall
provide such resources.
(5) Each public authority shall designate an official called Public
Grievance Redressal Officer in each station where the public authority
has an office, to whom a complaint could be made for any violation of
the citizens’ charter.
(6) The Senior most officer of that public authority in that office will
be designated as the Public Grievance Redressal Officer.
(7) It shall be the duty of the Grievance Redressal Officer to get the
grievance redressed within a period of 30 days from the receipt of the
complaint.
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(8) In the event of even the Grievance Redressal Officer not getting
the grievance redressed within the specific period of 30 days a
complaint could be made to the Lokpal.
(9) The Lokpal after hearing the Grievance Redressal Officer would
impose suitable penalty not exceeding Rs. 500/- for each day’s delay
but not exceeding Rs. 50,000/- to be recovered from the salaries of the
Grievance Redressal Officer.
(10) Apart from levying the penalty on the Grievance Redressal
Officer, the Lokpal may also in suitable cases recommend to the
appropriate authority to have departmental punishment imposed on
the Grievance Redressal Officer.
(11) The Lokpal will also issue a direction to an appropriate authority
to get such grievances redressed within the time to be fixed by the
Lokpal.
(12) Every public authority shall review and revise its Citizens Charter
at least once every year through a process of public consultation to be
held in the presence of a representative of Lokpal.
(13) Lokpal may direct any public authority to make such changes in
their citizens’ charter as are mentioned in that order and that public
authority shall make such changes within a month of the receipt of
such order.
Provided that such changes shall have to be approved by at least a
three member bench of Lokpal.
(14) There shall be at least one officer of the Lokpal in each district to
receive grievances who shall be called an Appellate Grievance Officer.
However, in such places where there is more concentration of central
government offices, there shall be more Appellate Grievance Officers
as may be required.
(15) A social audit of each Appellate Grievance Officer shall take place
every six months, in which he shall present himself before the public,
present the data related to his functioning, respond to public queries
30
and incorporate suggestions from public in his functioning. The public
hearing shall be attended by a senior officer from Lokpal.
(16) No case can be closed by Appellate Grievance Officer till the
citizen’s grievance is redressed or the case is rejected by the Appellate
Grievance Officer.
CHAPTER XIV
BUDGET OF LOKPAL
26. (1) All expenses of the Lokpal shall be charged to the
Consolidated fund of India.
(2) The Board shall finalise the Lokpal’s budget in such a manner
that it is less than ¼ % of the total revenues of the Government of
India.
(3) Lokpal shall not need any administrative or financial sanction from
any government agency to incur expenditure.
CHAPTER XV
SEIZURE AND CONFISCATION OF PROPERTY AND RECOVERY OF
COMPENSATION FROM CORRUPT GOVERNMENT SERVANTS
27. (1) After a public servant has been found guilty by the Special
Court of having committed an offence under the Prevention of
Corruption Act, the Court would also determine the assets and
properties which have been acquired by such accused person by his
corrupt acts.
(2) The Special Court will pass an order for the confiscation of all the
assets and properties which it has found to have been acquired by the
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corrupt acts of the convicted public servants as well as the subsequent
accruals on these assets.
(3) The Special Court would also determine whether apart from the
above the accused person by his corrupt acts has also caused any loss
to the exchequer or any other person and determine the amount of
loss so caused. The Court shall make an order levying a fine on the
accused persons so convicted for the recovery of the entire loss which
his corrupt acts have caused and shall also apportion this amount
among the various convicted accused persons to be recovered from
them as fines.
(4) During the course of investigation if the Investigating Officer
finds any property or asset which appears to have been acquired by
the corrupt acts of an accused person who is being investigated, it
shall make an order of attachment of those assets so that they are
available for confiscation at the time of the conviction of such accused
persons. In case the accused person is ultimately acquitted, these
attached assets and properties will be restored to him.
CHAPTER XVI
PUBLIC SERVANTS PROPERTY STATEMENTS
28. (1) Every public servant shall within 3 months after the
commencement of this Act and thereafter before the 30th June of every
year submit to the Head of that public authority in which the said
public servant is functioning or to such other authority as may be
prescribed, a statement of his assets and liabilities and those of the
members of his family which shall include their sources of income, in
the format prescribed by the Lokpal.
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Explanation : In this Section family of a public servant means
the spouse and such children and parents of the public servant
and such other people as are dependent on him.
(2) The Head of each public authority shall ensure that all such
statements are put on the website by 31st of August of that year.
(3) If it is found that the public servant owns some property which
was not disclosed in his statement of assets, that property would be
liable to be confiscated by the Lokpal.
(4). If the public servant is found to be in possession or enjoyment of
any property which is not shown in his statement of assets, it shall be
presumed that it was owned by him unless he proves to the contrary.
CHAPTER XVII
APPLICABILITY AND MODIFICATIONS OF THE PROVISIONS OF
CERTAIN OTHER ACTS
29. (1) Section 19(1) and 19(2) of the Prevention of Corruption Act
shall be deleted.
(2) Section 6A of the Delhi Special Police Establishment Act shall not
be applicable to the proceedings under this Act.
(3) Section 197 of Cr. PC shall not applicable to any proceedings
under this Act.
(4) The provisions of sections 105C to 105I of CrPC shall apply to
offences under the Prevention of Corruption Act whether or not they
are transnational in nature.
(5) Section 389(3) of CrPC shall not apply to offences under Prevention
of Corruption Act.
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(6) The right to file appeals under section 377 or 378 of CrPC shall be
exercised by Lokpal.
(7) Under section 372 of CrPC, the power to file an appeal shall be
with the complainant as well.
(8) Notwithstanding anything contained in Section 397 of CrPC, no
court shall ordinarily call for records in cases related to trial of offences
in Prevention of Corruption Act during any trial by a special court.
Provided that if the court calls for records, the same shall be returned
within a month.
(9) Any permission which is required under any law for initiating
investigation or initiating prosecution under any Act shall be deemed
to have been granted once the Lokpal has granted permission to
initiate investigation or prosecution for any offences under the
Prevention of Corruption Act.
(10) The power of the Lokpal to investigate offences under the Prevention of Corruption
Act shall be with the Lokpal notwithstanding any provision in the Money Laundering
Act, 2002.
(11) The jurisdiction of the special courts under the Prevention of Corruption Act, 1988
to try offences under such act shall be with the Special Court notwithstanding any
provision in the Money Laundering Act, 2002.
(12) The appropriate Bench of the Lokpal shall be deemed to be the designated
authority under Section 5 of the Indian Telegraph Act empowered to approve interseption
and monitoring of messages or data or voice transmitted through telephones, internet or
any other medium as covered under the Indian Telegraph Act read with Information and
Technology Act 2000 and as per rules and regulations made under the Indian Telegraph
Act 1885.
(13) Section 4 (4) of Prevention of Corruption Act shall be amended as
– “Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 a Special Judge shall hold the trial of an offence on
34
day-to-day basis, and shall not grant adjournment for any purpose
unless such adjournment is, in its opinion, necessary in the interests of
justice and for reasons to be recorded in writing”
CHAPTER XVIII
MISCELLANEOUS PROVISIONS
Punishments for false complaints:
30. (1) Notwithstanding anything contained in this Act, if someone
makes any complaint under this Act, which lacks any basis or evidence
and is held by Lokpal to be meant only to harass certain authorities,
Lokpal may impose such fines on that complainant as it deems fit, but
the total fine in any one case shall not exceed Rs one lakh.
Provided that no fine can be imposed without giving a reasonable
opportunity of being heard to the complaintant.
Provided further that merely because a case could not be proved under
this Act after investigation shall not be held against a complainant for
the purposes of this section.
Provided that if such complaint is against the staff or officers of Lokpal,
Lokpal may sentence the complainant to three months of simple
imprisonment in addition to fine.
(2) Such fines shall be recoverable as dues under Land Revenue Act.
(3) A complaint or allegation once made under this Act shall not be
allowed to be withdrawn.
Provisions to prevent corruption:
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31. (1) No government official shall be eligible to take up jobs,
assignments, consultancies, etc. with any person, company, or
organisation that he had dealt with in his official capacity.
(2) All contracts, public-private partnerships, transfer by way of sale,
lease, and any form of largesse by any public authority shall be done
with complete transparency and by calling for public
tender/auction/bids unless it is an emergency measure or where it is
not possible to do so for reasons to be recorded in writing. Any
violation of this shall make the contract/largesse void. The details of all
such transactions would be put up by the public authority on a public
website.
(3) All contracts, agreements or MOUs known by any name related to
transfer of natural resources, including land and mines to any private
entity by any method like public-private partnerships, sale, lease or
any form of largesse by any public authority shall be put on the
website within a week of being signed.
Merger of anti-corruption branch of CBI into Lokpal:
32. (1) The part of the Delhi Special Police Establishment, dealing with
investigation and prosecution of offences under the Prevention of
Corruption Act, 1988, shall stand transferred, alongwith its employees,
assets and liabilities to the Lokpal. The Central Government shall cease
to have any control over the transferred part and its personnel.
(2) Such part of Delhi Special Police Establishment, which has been
transferred above, shall form part of the Investigation Wing of Lokpal.
(3) The salaries, allowances and other terms and conditions of services
of the personnel transferred above shall be the same as they were
immediately before the commencement of this Act.
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(4) All cases which were being dealt by that part of Delhi Special Police
Establishment, which has been transferred, shall stand transferred to
Lokpal.
Immunity to bribe giver in certain cases:
33. Any bribe giver may be granted immunity from prosecution by the
special court if he voluntarily and gives timely information to the
Lokpal about the giving of bribe by him with entire evidence for the
purpose of getting the concerned bribe taker/public servant caught
and convicted, provided he also relinquishes all the illegitimate
benefits which he had received by the giving of that bribe. If the
information provided by such bribe giver is subsequently found to be
false, the immunity could be withdrawn by the special court.
(This draft provides only for the Lokpal for central public servants.
Similar provisions for Lokayuktas in the States to deal with public
servants of the State will have to be incorporated in the bill)

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