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Chairperson of Lokpal.
6. The seniormost judge of Supreme Court shall act as the Chairperson of the selection committee.
7. The following selection process shall be followed:
a. Recommendations shall be invited through open advertisements in prescribed format.
b. Each person recommending shall be expected to justify the selection
of his candidate giving examples from the past achievements of the candidate.
c. The list of candidates along with their recommendations received in
the format mentioned above shall be displayed on a website.
d. Each member of the selection committee, on the basis of the above
material, shall recommend such number of names as there are vacancies.
e. A priority list shall be prepared with the candidate receiving
recommendations from maximum number of members of selection committee at
the top. The candidates recommended by same number of members shall be treated at par.
f. This priority list shall be displayed on the website.
g. Around three times the names as there are vacancies, shall be shortlisted from the top.
h. Public feedback shall be invited on the shortlisted names by putting these names on the website.
i. The selection committee may decide to use any means to collect more
information about the background and past achievements of the
shortlisted candidates. Selection committee shall invite shortlisted candidates for
discussions, video recordings of which shall be made public.
k. All the material obtained so far about the candidates shall be made
available to each member of the selection committee in advance. The
members shall make their own assessment of each candidate.
l. The selection committee shall meet and discuss the material so
received about each candidate. The final selections for the Chairperson
and members shall be made preferably through consensus. Provided that if three or more members, for reasons to be recorded in
writing, object to the selection of any member, he shall not be selected.
m. All meetings of selection committee shall be video recorded and shall be made public.
8. The Prime Minister shall recommend the names finalized by the
selection committee to the President immediately, who shall order such appointments within a month of receipt of the same.
9. If any of the members of the selection committee retires while a
selection process is going on, that member will continue on the
selection committee till the end of that process.
*7. Removal of Chairperson or members*
(1) The Chairperson or any member shall not be removed from his office except by an order of the President.
(2) They can be removed on one or more of the following grounds:
a. Proved misbehavior
b. Professional or physical incapacity
c. If he is adjudged to be insolvent
d. Has been charged of an offence which involves moral turpitude
e. If he engages during his term of office in any paid employment outside the duties of his office
f. Has acquired such financial interests or other interests which are
likely to affect prejudicially his functions as member or Chairperson.
g. If he is guided by considerations extraneous to the merits of the
case either to favor someone or to implicate someone through any act of omission or commission.
h. If any member or Chairperson tries to or actually unduly influences any government functionary.
i. If he commits any act of omission or commission which is punishable
under Prevention of Corruption Act or is a misconduct.
j. If a member or the Chairperson in any way, concerned or interested in
any contract or agreement made by or on behalf of the Government of
India or participates in any way in the profit thereof or in any benefit
or emolument arising there from otherwise than as a member and in common
with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior.
(3) The following process shall be followed for the removal of any member or Chairperson:
(a) Any person may move an application/petition before the Supreme Court
seeking removal of one or more of the members of Chairperson of Lokpal
alleging one or more of the grounds for removal and providing evidence for the same.
(b) Supreme Court will hear the matter by a bench of three or more
Judges on receipt of such petition and may take one or more of the following steps:
(i) order an investigation to be done by a Special Investigation Team
appointed by the Supreme Court if a prima facie case is made out and if
the matter cannot be judged based on affidavits of the parties. The
Special Investigation Team shall submit its report within three months.
(ii) Pending investigations under sub-clause (i) by Special
Investigation Team, the Supreme Court may decide to order withdrawal of part or complete work from that member.
(iii) dismiss the petition if no case is made out
(iv) if the grounds are proved, recommend to the President for removal
of the said member or Chairperson
(v) direct registration and investigation of cases with appropriate
agencies if there is prima facie case of commission of an offence punishable under Prevention of Corruption Act.
(c) The three judge bench shall be constituted by a panel of five seniormost judges of the Supreme Court.
Provided that if there are any proceedings going on against any judge in Lokpal, he shall not be a part of either the panel or the bench.
(d) The Supreme Court shall not dismiss such petitions in liminae.
(e) If the Supreme Court concludes that the petition has been made with
mischievous or malafide motives, the Court may order imposition of fine
or imprisonment upto one year against the complainant.
(f) On receipt of a recommendation from the Supreme Court under this
section, the Prime Minister shall recommend it to the President
immediately and the President shall order removal of said members within a month of receipt of the same.
*Powers and Functions of Lokpal*
8. Functions of Lokpal:
(1) Lokpal shall be responsible for receiving:
(a) Complaints where there are allegations of such acts of omission or
commission which are punishable under Prevention of Corruption Act
(b) Complaints where there are allegations of misconduct by a government servant
(c) Grievances
(d) Complaints from whistleblowers
(2) Lokpal, after getting such enquiries and investigations done as it
deems fit, may take one or more of the following actions:
a. Close the case if prima facie, the complaint is not made out or
b. Initiate prosecution against public servants as well as those private entities which are party to the act
c. Order imposition of appropriate penalties under CCS Conduct Rules
Provided that if an officer is finally convicted under Prevention of
Corruption Act, major penalty of dismissal shall be imposed on such government servant.
d. Order cancellation or modification of a license or lease or
permission or contract or agreement, which was the subject matter of investigation.
e. Blacklist the concerned firm or company or contractor or any other entity involved in that act of corruption.
f. Issue appropriate directions to appropriate authorities for redressal
of grievance in such time and in such manner as is specified in the order.
g. Invoke its powers under this Act if its orders are not duly complied with and ensure due compliance of its orders.
h. Take necessary action to provide protection to a whistleblower as per various provisions of this Act.
(3) Suo moto initiate appropriate action under this Act if any case, of
the nature mentioned in clauses (1), (2), (3) or (4), comes to the knowledge of the Lokpal from any source.
(4) Issue such directions, as are necessary, from time to time, to
appropriate authorities so as to make such changes in their work
practices, administration or other systems so as to reduce the scope and
possibility for corruption, misconduct and public grievances.
(5) Lokpal shall be deemed to be “Disciplinary authority” or “appointing
authority” for the purpose of imposing penalties under CCS Conduct Rules.
(6) Section 19 of Prevention of Corruption Act shall be deleted.
(7) Section 197 of CrPC shall not apply to any proceedings under this
Act. All permissions, which need to be sought for initiating
investigations or for initiating prosecutions under any Act shall be
deemed to have been granted once Lokpal grants such permissions.
*9. Issue of Search Warrant, etc.*
(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 proceeding to be conducted by him;
(ii) is in possession of any money, bullion, jewellery or other valuable
article or thing and such money, bullion, jewellery or other valuable
article or thing represents either wholly or partly income or property
which has not been disclosed to the authorities for the purpose of any
law or rule in force which requires such disclosure to be made; or
(b) considers that the purposes of any inquiry or other proceedings to
be conducted by him will be served by a general search or inspection,
he may by a search warrant authorize any Police 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, -
(i) enter and search any building or place where he has reason to
suspect that such property, document, money, bullion, jewellery or other
valuable article or thing is kept;
(ii) search any person who is reasonably suspected of concealing about
his person any article for which search should be made;
(iii) break open the lock of any door, box, locker safe, almirah or
other receptacle for exercising the powers conferred by sub-clause (i)
where the keys thereof are not available.
Seize any such property, document, money, bullion, jewellery or other
valuable article or thing found as a result of such search;
(iv) place marks of identification on any property or document or make
or cause to be made; extracts or copies there from; or
(v) make a note or an inventory of any such property, document, money,
bullion, Jewellery or other valuable article
(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.
*10. Evidence*
(1) Subject to the provisions of this section, for the purpose of any
investigation (including the preliminary inquiry, if any, before such
investigation) under this Act, the Lokpal may require any public servant
or any other person who, in his opinion is able to furnish information
or produce documents relevant to the investigation, to furnish any such
information or produce any such document.
(2) For the purpose of any such investigation (including the preliminary
inquiry) the Lokpal shall have all the powers of a civil court while
trying a suit under the Code of Civil Procedure, 1908 , in respect of the following matters, namely:-
(a) Summoning and enforcing the attendance of any person 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 documents ;
(f) ordering payment of compensatory cost in respect of a false or
vexatious claim or defence;
(g) ordering cost for causing delay;
(h) Such other matters as may be prescribed.
(3) Any proceeding before the Lokpal shall be deemed to be a judicial
proceeding with in the meaning of section 193 of the Indian Penal Code.
*11. Reports of Lokpal*
(1) The Chairperson of Lokpal shall present annually a consolidated
report in 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 disposed with brief details of each such case, outcome and action
taken or proposed to be taken in that case. It shall also publish lists
of all cases received by the Lokpal during the previous month, cases
disposed and cases which are pending.
*12. Lokpal to be a deemed police officer*
(1) For the purposes of section 36 of Criminal Procedure Code, the
Chairperson, members of Lokpal and the officers in investigation wing of
Lokpal shall be deemed to be police officers.
(2) While investigating any offence under Prevention of Corruption Act
1988, they shall be competent to investigate any offence under any other
law in the same case.
*13. Powers in case of non-compliance of orders*
(1) Each order of Lokpal shall clearly specify the names of the
officials who are required to execute that order, the manner in which it
should be executed and the time period within which that order should be complied with.
(2) If the order is not complied with within the time or in the manner
directed, Lokpal may decide to impose a fine on the officials responsible for the non-compliance of its orders.
(3) The Drawing and Disbursing Officer of that Department shall be
directed to deduct such amount of fine as is clearly specified by the
Lokpal in its order made in sub-section (2) from the salaries of the officers specified in the order.
Provided that no penalty shall be imposed without giving a reasonable
opportunity of being heard.
Provided that if the Drawing and Disbursing Officer fails to deduct the
salary as specified in the said order, he shall make himself liable for similar penalty.
(4) In order to get its orders complied with, the Lokpal shall have, and
exercise the same jurisdiction powers and authority in respect of
contempt of itself as a High court has and may exercise, and, for this
purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act
70 of 1971) shall have the effect subject to the modification that the
references therein to the High Court shall be construed as including a reference to the Lokpal.
13A. Special Judges under section 4 of Prevention of Corruption Act: On
an annual basis, Lokpal shall make an assessment of the number of
Special Judges required under section 4 of Prevention of Corruption Act
1988 in each area and the Government shall appoint such number of Judges
within three months of receipt of such recommendation.
Provided that Lokpal shall recommend such number of Special Judges so
that trial in each case under this Act is completed within a year.
13B. Issue of Letter Rogatory: A bench of Lokpal shall have powers to
issue Letters Rogatory in any case pending with Lokpal.
*Functioning of Lokpal*
14. Functioning of Lokpal:
(1) The Chairperson shall be responsible for
overall administration and supervision of the institution of Lokpal.
(2) All policy level decisions including formulation of regulations,
developing internal systems for the functioning of Lokpal, assigning
functions to various officials in Lokpal, delegation of powers to
various functionaries in Lokpal etc shall be taken by the Chairperson and the members collectively as a body.
(3) The Chairperson shall have an annual meeting with the Prime Minister
to assess the needs of Lokpal for finances and manpower. Lokpal shall be
provided resources by the Government on the basis of outcome of this meeting.
(4) Lokpal shall function in benches of three or more members. Benches
shall be constituted randomly and cases shall be assigned to them
randomly by computer. Each bench shall consist of at least one member with legal background.
(5) Such benches shall be responsible for
(i) granting permission to close any case after a preliminary enquiry
(ii) granting permission to either close a case after investigations or
issuing orders imposing penalties under CCS Conduct Rules and/or for initiating prosecution in that case.
(iii) Issuing orders under section 28 and section 13B.
(6) Lokpal may decide to initiate investigations into any case suo moto also.
(7) The decision to initiate investigation or prosecution against any
member of the Cabinet or any judge of High Court or Supreme Court shall
be taken in a meeting of all the existing members and the Chairperson.
Minutes and records of such meetings shall be made public.
*15. Making a complaint to the Lokpal*
(1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lokpal.
Provided that in case of a grievance, if the person aggrieved is dead or
for any reason, unable to act for himself, the complaint may be made or
if it is already made may be continued by his legal representatives or
by any other person who is authorized by him in writing in this behalf.
(2) A complaint could be on a plain paper but should contain all such details as prescribed by Lokpal.
(2A) After its annual report has been presented in the Parliament, the
Comptroller and Auditor General of India shall forward all such cases,
which constitute an allegation under this Act, to the Lokpal and Lokpal shall act on them as per provisions of this Act.
(3) On receipt of a complaint, the Lokpal shall decide whether it is an
allegation or a grievance or a request for whistleblower protection or a mixture of two or more of these.
(4) Every complaint shall have to be compulsorily disposed off by the Lokpal.
Provided that no complaint, other than those which are anonymous or
pseudonymous, shall be closed without hearing the complainant.
*16. Matters which may be investigated by the Lokpal*
Subject to the provisions of this Act, the Lokpal may investigate any
action which is taken by or with the general or specific approval of a
public servant where a complaint involving a grievance or an allegation is made in respect of such action.
Provided that the Lokpal may also investigate such action suo moto or if
it is referred to it by the government, if such action can be or could
have been in his recorded opinion, subject of a grievance or an allegation.
*17. Matters not subject to investigation*
(1) The Lokpal shall not conduct any investigation under this Act in case of a grievance in respect of any action-
(i) if the complainant has or had, any remedy by way of appeal,
revision, review or any other remedy before any other authority provided
in any other law and he has not availed of the same.
(ii) Taken by a judicial or quasi-judicial body, unless the complainant
alleges malafides
(iii) If the substance of the entire grievance is pending before any
court or quasi-judicial body of competent jurisdiction.
(iv) any grievance where there is inordinate and inexplicable delay.
(2) Nothing in this Act shall be construed as authorising the Lokpal to
investigate any action which is taken by or with the approval of the
Presiding Officer of either House of Parliament.
(3) The provisions of this Act shall be in addition to the provisions of
any other enactment or any rule or law under which any remedy by way of
appeal, revision, review or in any other manner is available to a person
making a complaint under this Act in respect of any action and nothing
in this Act shall limit or affect the right of such person to avail of such remedy.
(4) Nothing in this section shall bar Lokpal from entertaining a
complaint making an allegation of misconduct or corruption or a
complaint from a whistleblower seeking protection.
*18. Provisions relating to complaints and investigations*
(i) (a) The Lokpal, on receipt of a complaint in the nature of an
allegation or a grievance or a combination of the two, or in a case
initiated on his own motion, may on perusing the documents, either
decide to proceed to enquire or investigate into that complaint or
decide, to make such preliminary inquiry before proceeding to enquire or
investigate into such complaint or direct any other person to make such
preliminary inquiry as it deems fit for ascertaining whether there
exists reasonable ground for conducting the investigation. The outcome
of such preliminary enquiry, and if the complaint is being closed along
with reasons for the same and all material collected during preliminary
enquiry, shall be communicated to the complainant.
Provided that if any case is closed, all documents related thereto shall
thereafter be treated as public. Every month, a list of all such cases
shall be put on the website with reasons for closing a case. All
material connected with such closed cases will be provided to anyone
seeking it under Right to Information Act.
Provided further that if the complaint contains verifiable and specific
information about misconduct or corruption, then that case shall not be
rejected even if the complaint is anonymous.
Provided further that no complaint of allegation shall be rejected by
questioning the motives or intention of the complainant.
Provided further that all hearings before Lokpal shall be video recorded
and shall be available to any member of the public on payment of copying
costs.
(b) The procedure for preliminary enquiry of a complaint shall be such
as the Lokpal deems appropriate in the circumstances of the case and in
particular, the Lokpal may, if it deems necessary to do so, call for the
comments of the public servant concerned.
Provided that the preliminary enquiry should be completed and a decision
taken whether to close a case or to proceed with investigations within
one month of receipt of any complaint.
(ii) Where the Lokpal proposes, either directly or after making
preliminary inquiry, to conduct any investigation under this Act, he.-
(a) may make such order as to the safe custody of documents relevant to
the investigation, as it deems fit.
(b) at appropriate stage of investigations or in the end, it shall
forward a copy of the complaint, its findings and copy of the material
relied upon to the concerned public servant and the complainant,
(c) shall afford to such public servant and the complainant an
opportunity to offer comments and be heard.
Provided that such hearing shall be held in public, except in such rare
circumstances, to be recorded in writing, will it be held in camera.
(iii) The conduct of an investigation under this Act against a Public
servant in respect of any action shall not affect such action, or any
power or duty of any other public servant to take further action with
respect to any matter subject to the investigation.
(iv) If, during the course of preliminary inquiry or investigation under
this Act, the Lokpal is prima facie satisfied that the allegation or
grievance in respect of any action is likely to be sustained either
wholly or partly, he may, through an interim order, direct the public
servant concerned to stay the implementation or enforcement of the
decision or action complained against, or to take such mandatory or
preventive action, on such terms and conditions, as he may specify in
his order to prevent further harm from taking place.
(v) The Lokpal, either during the course of investigations, if it is
satisfied that prosecution is likely to be initiated in that case, or at
the end of the investigations at the time of initiating prosecution,
shall make a list of moveable and immoveable assets of all the accused
in that case and shall notify the same. No transfer of the same shall be
permitted after such notification. In the event of final conviction, the
court shall be empowered to recover loss determined under section 19 of
this Act from this property, in addition to other measures.
(vi) If during the course of investigation or enquiry into a complaint,
Lokpal feels that continuance of a public servant in that position could
adversely affect the course of investigations or enquiry or that the
said person is likely to impact evidence or witnesses, the Lokpal may
issue appropriate orders including transfer of that public servant from
that position or his suspension.
Provided that such orders shall not be passed against the Prime Minister.
(vii) In case of a grievance, the Lokpal may issue interim orders to the
appropriate authority recommending grant of interim relief to the
complainant if he is satisfied at any stage of preliminary inquiry on
investigation that the complainant has sustained injustice or undue
hardship in consequence of any decision or action of a public servant.
(viii) The Lokpal may, at any stage of inquiry or investigation under
this Act, direct through an interim order, appropriate authorities to
take such action as is necessary, including suspension of a government
servant, pending inquiry or investigation.-
(i) to safeguard wastage or damage of public property or public revenue
by the administrative acts of the public servant;
(ii) to prevent further acts of misconduct by the public servant;
(iii) to prevent the public servant from secreting the assets allegedly
acquired by him by corrupt means;
(ix) Where after investigation into a complaint, the Lokpal is satisfied
that the complaint involving an allegation against the public servant,
other than the Ministers, Members of Parliament and judges, is
substantiated and that the public servant concerned should not continue
to hold the post held by him, the Lokpal shall pass orders to that
effect. In case of public servant being a Minister or a Member of
Parliament, Lokpal shall make such recommendation to the President, who
shall decide either to accept such recommendation or reject it within a
month of its receipt. Provided that the provisions of this section shall not apply to the
Prime Minister.
(x) If, after enquiry into a grievance and after affording reasonable
opportunity of being heard to both the complainant and the public
authority, the Lokpal is satisfied that such grievance is substantiated
either wholly or partly, he shall,
i. Pass appropriate orders directing appropriate authorities to redress
the grievance in a manner and within the time prescribed in the order, and
ii. Direct the appropriate authorities to deduct from the salary of the
officials mentioned in the order, such penalty amounts as are directed
by Lokpal , which shall not be less than Rs 250 per day of delay
calculated from day the time limit mentioned in citizens’ charter for redressing that grievance got over, and
iii. Direct the appropriate authorities to compensate the complainant
with such amounts as mentioned in the order.
Provided that any grievance shall be disposed within 15 days of its receipt.
Provided further that if it relates to life and liberty of a person or
if the matter is such as to warrant immediate attention and the Lokpal
is so satisfied, the same shall be disposed within 48 hours.
(xi) All records and information of Lokpal shall be public and shall be
provided under Right to Information Act, even at the stage of
investigation or enquiry, unless release of such information would
adversely affect the process of enquiry or investigation.
Provided that no information in any case shall be withheld under Right
to Information Act after the completion of enquiry or investigation.
*Recovery of Loss to the Government and punishments*
19. Recovery of loss to the Government: If a person is convicted of an
offence under Prevention of Corruption Act, then the trial court will
also quantify the loss caused to the government and apportion that
amount to various convicts from whom this money must be recovered as
arrears of land revenue.
19A. Punishments for offences: For offences mentioned in Chapter III of
Prevention of Corruption Act, proviso to section 2(4) of this Act and
section 28A of this Act, punishment shall not be less than seven years
which may extend upto life imprisonment.
Provided that if the accused is any officer of the rank of Joint
Secretary in the state or above or a Minister, the punishment shall not be less than ten years.
Provided further that if the offence is of the nature mentioned in
proviso to section 2(4) of this Act and if the beneficiary is any
corporate house, in addition to other punishments mentioned in this Act
and under Prevention of Corruption Act, a fine amounting to five times
the loss caused to the government shall be recovered from the accused
and the recovery may be done from the assets of the company and from the
personal assets of all Directors of the company, if the assets of the accused are inadequate.
Provided further that if the accused is either a member of Lokpal or
Chairperson of Lokpal or any person who is in direct or indirect
employment of Lokpal, the punishment shall not be less than ten years.
*Whistleblower protection*
20. Protection of Whistleblower:
(1) A whistleblower may write to Lokpal
seeking protection from threat of physical or professional victimization
or if he has been subjected to such professional or physical victimization.
(2) On receiving such a complaint, Lokpal shall take following steps:
(a) Threat of professional victimization: Lokpal shall conduct
appropriate enquiries and if it feels that there is a real threat to the
person and the threat is on account of that person having made an
allegation under this Act, then the Lokpal shall pass appropriate
orders, as soon as possible but in not more than a month of receipt of
such complaint, directing appropriate authorities to take such steps as directed by the Lokpal.
(b) If a person complains that he has already been victimized
professionally on account of making an allegation under this Act, Lokpal
shall, after conducting enquiries, if he is of the opinion that the
victimization is indeed because of that person’s having made an
allegation under this Act, pass appropriate orders, as soon as possible
but in not more than a month, directing appropriate authorities to take such steps as directed by the Lokpal.
Provided that for clause (a) Lokpal may, but for clause (b) the Lokpal
shall, also issue orders imposing penalties under CCS Conduct Rules
against the officer or officials who issued threats or caused victimization.
Provided further that no such penalties shall be imposed without giving
an opportunity of being heard to the affected officials.
(c) Threat of physical victimization: Lokpal shall conduct appropriate
enquiries and if it feels that there is a real threat to the person and
the threat is on account of that person having made an allegation under
this Act or for having filed an RTI application to any public authority
covered under this Act, then notwithstanding anything contained in any
other law, the Lokpal shall pass appropriate orders, as soon as possible
but in not more than a week, directing appropriate authorities,
including police, to take such steps as directed by the Lokpal to
provide adequate security to that person, to register criminal cases
against those who are issuing threats and also to take all such steps
necessary to mitigate circumstances leading to such threat.
Provided that if the threat is imminent, Lokpal may decide to act
immediately, within a few hours to prevent physical assault on that person.
(d) If a person complains that he has already been physically assaulted
on account of making an allegation under this Act and if Lokpal is
satisfied after conducting enquiries that the person has been assaulted
because of his having made an allegation under this Act or for filing an
RTI application in any of the public authorities covered under this Act,
then notwithstanding anything else contained in any other law, the
Lokpal shall pass such orders, as soon as possible but in not more than
24 hours, directing the concerned authorities to take such steps as
directed by the Lokpal to provide adequate security to that person, to
register criminal cases and also to ensure that no further harm visits
on that person.
(e) If the whistleblower has alleged an act punishable under Prevention
of Corruption Act, then for cases under clause (c), Lokpal may and for
cases under clause (d), the Lokpal shall, assign the allegations made by
that person to a special team, put it on a fast track and complete
investigations in that case in not more than a month.
(f) If the whistleblower has alleged an act punishable under any law
other than the Prevention of Corruption Act, then for cases under clause
(c), Lokpal may and for cases under clause (d), the Lokpal shall, direct
the agency which has the powers to enforce that law to assign the
allegations made by the whistleblower to a special team, put it on a
fast track and complete investigations in that case in such time as
directed by the Lokpal.
(g) Lokpal shall have the powers to issue directions to appropriate
agencies in the cases covered under clause (f), monitor such
investigations and if necessary, issue directions to that agency to do
the investigations in the manner as directed by the Lokpal.
(3) If any complainant requests that his identity should be kept secret,
Lokpal shall ensure the same. Lokpal shall prescribe detailed procedures
on how such complainants shall be dealt with.
(4) Lokpal shall Issue orders to the Public Authorities to make
necessary changes in their policies and practices to prevent recurrence
of victimization.
*Grievance Redressal Systems*
21. Citizens’ Charters:
(1) Each public authority shall be responsible
for ensuring the preparation and implementation of Citizens Charter,
within a reasonable time, and not exceeding one year from the coming
into force of this Act.
(2) Every Citizens Charter shall enumerate the commitments of the
respective public authority to the citizens, officer responsible for
meeting each such commitment and the time limit with in which thecommitment shall be met.
(3) Each public authority shall designate an official called Public
Grievance Redressal Officer, whom a complainant should approach for any
violation of the Citizens Charter.
(4) 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 Chief Vigilance Officer in that public authority.
(5) 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 week of receipt of such order.
(6) No grievance shall be accepted by Lokpal if 15 days have not elapsed
after submission of complaint by the complainant with the Public
Grievance redressal Officer of that Public Authority.
Provided that if Lokpal feels that considering the gravity or urgency of
the grievance, it is necessary to do so, the Lokpal may decide to accept
such grievance earlier also.
(7) During disposal of a grievance, either on request of the complainant
or suo moto, the Lokpal may treat it as an allegation if there is prima
facie evidence of expectation or demand of bribery.
*Employees and staff and authorities in Lokpal*
22. Chief Vigilance Officer:
(1) There shall be a Chief Vigilance
Officer in each public authority to be selected and appointed by Lokpal.
(2) He shall not be from the same public authority.
(3) He shall be a person of impeccable integrity and ability to take proactive measures against corruption.
(4) He shall be responsible for accepting complaints against any public
authority and shall transfer the complaints related to other public authorities within two days of receipt.
(5) He shall be responsible for carrying out all such responsibilities
as assigned to him from time to time by Lokpal including dealing with
complaints in the manner as laid down by Lokpal from time to time.
Provided that the complaints which require investigations under
Prevention of Corruption Act 1988 shall be transferred to the
Investigative wing of Lokpal. Provided further that the complaints, other than grievances, against
officers of the level of Joint Secretary or above shall not be dealt by
the Chief Vigilance Officer and shall be transferred to the Lokpal, who
shall set up a committee of Chief Vigilance Officers of three other
public authorities to enquire into such complaint.
(6) All the grievances shall be received and disposed by Chief Vigilance
Officer on behalf of Lokpal, if the citizen fails to get satisfactory
redressal from Public Grievance Officer under section 21 of this Act.
*23. Staff of Lokpal*
(1) There shall be such officers and employees as may be prescribed to
assist the Lokpal in the discharge of their functions under this Act.
(2) The number and categories of officers and employees shall be decided
by the Lokpal in consultation with the government.
(3) The categories, recruitment and conditions of service of the
officers and employees referred in sub-section (1) including such
special conditions or special pay as may be necessary for enabling them
to act without fear in the discharge of their functions, shall be such
as may be prescribed according to the recommendations of Lokpal.
Provided that no official, whose integrity is in doubt, shall be
considered for being posted in Lokpal. Provided further that all officers and employees, who work in Lokpal on
deputation or otherwise shall be eligible for the same terms and
conditions as prescribed under this clause.
(4) Without prejudice to the provisions of sub-section (1), the Lokpal
may for the purpose of conducting investigations under this Act utilize
the services of.-
(a) any officer or investigating agency of the Central Government; or
(b) any officer or investigating agency of any other Government with the
prior concurrence of that Government; or
(c) any person or any other agency.
(5) The officers and other employees referred to in sub-section (1)
shall be under the administrative and disciplinary control of the Lokpal:
(6) Lokpal shall have the powers to choose its own officials. Lokpal may
enlist officials on deputation from other government agencies for a
fixed tenure or it may enlist officials on permanent basis from other
government agencies or it may appoint people from outside on permanent
basis or on a fixed tenure basis.
(7) The staff and officers shall be entitled to such pay scales and
other allowances, which may be different and more than the ordinary pay
scales in the Central Government, as are decided by the Lokpal from time
to time, in consultation with the Prime Minister, so as to attract
honest and efficient people to work in Lokpal.
*24. Repeal and savings*
(1) The Central Vigilance Commission Act shall stand repealed.
(2) Notwithstanding such repeal, any act or thing done under the said
Act shall be deemed to have been done under this Act and may be
continued and completed under the corresponding provisions of this Act.
(3) All enquiries and investigations and other disciplinary proceedings
pending before the Central Vigilance Commission and which have not been
disposed of, shall stand transferred to and be continued by the Lokpal
as if they were commenced before him under this Act.
(4) Notwithstanding anything contained in any Act, the posts of the
Secretary and other Officers and Employees of the Central Vigilance
Commission are hereby abolished and they are hereby appointed as the
Secretary and other officers and employees of the Lokpal. The salaries,
allowances and other terms and conditions of services of the said
Secretary, officers and other employees shall, until they are varied, be
the same as to which they were entitled to immediately before the
commencement of this Act.
(5) All vigilance administration under the control of all Departments of
Central Government, Ministries of the Central Government, corporations
established by or under any Central Act, Government companies, societies
and local authorities owned or controlled by the Central Government
shall stand transferred, alongwith its personnel, assets and liabilities
to Lokpal for all purposes.
(6) The personnel working in vigilance wings of the agencies mentioned
in sub-section (5) shall be deemed to be on deputation to Lokpal for a
period of five years from the date they are transferred to Lokpal.
However, Lokpal may decide to repatriate any one of them anytime.
(7) That Department from where any personnel have been transferred to
Lokpal under sub-section (5), shall cease to have any control over the
administration and functions of transferred personnel.
(8) Lokpal shall rotate the personnel and create vigilance wing of each
department in such a way that no personnel from the same department get
posted for vigilance functions in the same department.
(9) No person shall be employed with Lokpal against whom any vigilance
enquiry or any criminal case is pending at the time of being considered.
*25. Investigation Wing of Lokpal*
(1) There shall be an investigation wing at Lokpal.
(2) Notwithstanding anything contained in section 17 of Prevention of
Corruption Act, such officers of Investigation wing, upto the level as
decided by Lokpal, shall have, in relation to the investigation and
arrest of persons throughout India, in connection with investigation of
complaints under this Act, all the powers, duties, privileges and
liabilities which members of Delhi Special Police Establishment have in
connection with the investigation of offences committed therein.
(3) That part of Delhi Special Police Establishment, in so far as it
relates to investigation and prosecution of offences alleged to have
been committed under the Prevention of Corruption Act, 1988, shall stand
transferred, alongwith its employees, assets and liabilities to Lokpal
for all purposes.
(4) That part of Delhi Special Police Establishment, which has been
transferred under sub-section (3), shall form part of Investigation Wing
of Lokpal.
(5) The Central Government shall cease to have any control over the
transferred part and its personnel.
(6) The salaries, allowances and other terms and conditions of services
of the personnel transferred under sub-sec.(3) shall be the same as
to which they were entitled to immediately before the commencement of
this Act.
(7) All cases which were being dealt by that part of Delhi Special
Police Establishment, which has been transferred under sub-section (3),
shall stand transferred to Lokpal.
(8) After completion of investigation in any case, the investigation
wing shall present the case to an appropriate bench of Lokpal, which
shall decide whether to grant permission for prosecution or not.
*26. Complaints against officers or employees of Lokpal*
(1) Complaints against employees or officers of Lokpal shall be dealt
with separately and as per provisions of this section.
(2) Such complaint could relate to an allegation of an offence
punishable under Prevention of Corruption Act or a misconduct or a
dishonest enquiry or investigation.
(3) As soon as such a complaint is received, the same shall be displayed
on the website of Lokpal, alongwith the contents of the complaint.
(4) Investigations into each such complaint shall be completed within a
month of its receipt.
(5) In addition to examining the allegations against the said official,
the allegations shall especially be examined against sections 107, 166,
167, 177, 182, 191, 192, 196, 199, 200, 201, 202, 204, 217, 218, 219,
463, 464, 468, 469, 470, 471, 474 of Indian Penal Code.
(6) If, during the course of investigations, the Lokpal feels that the
charges are likely to be sustained, the Lokpal shall divest such officer
of all his responsibilities and powers and shall place him under
suspension.
(7) If after completion of enquiry or investigations, Lokpal decides toprosecute that person under Prevention of Corruption Act, 1988 or holds
him guilty of any misconduct or of conducting dishonest enquiry or
investigations, then that person shall not work with Lokpal anymore.
Lokpal shall either dismiss that person from the job, if that person is
in the employment of Lokpal, or shall repatriate him, if he is on
deputation.
Provided that no order under this clause shall be passed without giving
reasonable opportunity of being heard to the accused person.
Provided further that order under this clause shall be passed within 15
days of completion of investigations.
(8) There shall be a separate wing in Lokpal to deal with complaints
against officers or staff of Lokpal.
(9) Lokpal shall take all steps to ensure that all enquiries and
investigations on complaints against its own staff and officials are
conducted in most transparent and honest manner.
*27. Protection*
(1) No suit, prosecution, or other legal proceedings shall lie against
the Chairperson or members or against any officer, employee, agency or
person referred to in Section 14(4) in respect of anything which is in
good faith done while acting or purporting to act in the discharge of
his official duties under this Act.
(2) No proceedings of the Lokpal shall be held to be bad for want of
form and except on the ground of jurisdiction, no proceedings or
decision of the Lokpal shall be liable to be challenged, reviewed,
quashed or called in question in any court of ordinary Civil Jurisdiction.
*Miscellaneous*
28. Public Servants to submit property statements-
(1) Every public servant, other than those mentioned in Section 2(11)(a)
to (c), shall within three 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 the form prescribed by Lokpal, a statement of his
assets and liabilities and those of the members of his family. Public
servants mentioned in sections 2(11)(a) to (c) shall submit their
returns in a format prescribed by the Lokpal to the Lokpal with the
aforesaid time lines.
(2) The Head of each public authority shall ensure that all such
statements are put on the website by 31st August of that year.
(3) If no such statement is received by the Head of that public
authority from any such public servant within the time specified in
sub-section (1), the Head of that public authority shall direct the
concerned public servant to do so immediately. If within next one month,
the public servant concerned does not submit such statement, the Head
shall stop the salary and allowances of that public servant till he
submits such statement.
Explanation- In this section “family of a public servant” means the
spouse and such children and parents of the public servant as are
dependent on him.
(4) The Lokpal may initiate prosecution against such public servant
under Section 176 IPC.
28A. Properties deemed to have been obtained through corrupt means: (1)
If any property, moveable or immoveable, is subsequently found to be
owned by the public servant or any of his family members, which had not
been declared under this section by that public servant and which was
acquired before filing of last return under this section, the same shall
be deemed to have been obtained through corrupt means.
(2) If any property, moveable or immoveable, is subsequently found to be
in possession of the public servant or any of his family members, which
had not been declared under this section by that public servant, the
same shall be deemed to be owned by that public servant and the same
shall be deemed to have been acquired through corrupt means by that
public servant, the onus of proving otherwise shall be on the public
servant.
(3) The public servant shall be given an opportunity to explain, within
15 days,
(a) in the case of properties under sub-section (1) of this section,
whether he had disclosed that property in any of the earlier years.
(b) in the case of properties under sub-section (2) of this section, to
explain why these properties should not be deemed to be owned by the
public servant.
(4) If public servant fails to provide satisfactory reply under
sub-section (3) of this section with respect to some properties, Lokpal
shall immediately confiscate all such properties.
(5) Transfer of those properties for which notices are issued under
sub-section (3) of this section, shall be deemed to be null and void
after the date of issue of such notices.
(6) Lokpal shall intimate such information to the Income Tax Department
for appropriate action.
(7) Appeal against the orders of Lokpal shall lie in High Court of
appropriate jurisdiction, which shall decide the matter within two
months of filing of the appeal.
Provided that no appeal shall be entertained after expiry of 30 days
from the date of order of Lokpal under sub-section (4).
(8) All properties confiscated under this section shall be auctioned to
highest bidder. Half of the proceeds from the same shall be deposited by
the Lokpal in Consolidated Fund of India. The balance amount could be
used by Lokpal for its own administration. Provided that if an appeal has been filed in any case, the auction shall
not take place till the disposal of appeal.
*29. Power to delegate and assign functions*
(1) Lokpal shall be competent to delegate its powers and assign
functions to the officials working in Lokpal.
(2) All functions carried out and powers exercised by such officials
shall be deemed to have been so done by the Lokpal. Provided that the following functions shall be performed by the benches
and cannot be delegated:
(i) Granting permission to initiate prosecution in any case.
(ii) Order for dismissal of any government servant under CCS Conduct Rules.
(iii) Passing orders under section 10 on complaints against officials
and staff of Lokpal.
(iv) Pass orders in cases of complaints, other than grievances, against
officers of Secretary and above.
*30. Time limits*
(1) Preliminary enquiry under sub-section (1) of section 9 of this Act
should be completed within a month of receipt of complaint. Provided that the enquiry officer shall be liable for an explanation if
the enquiry is not completed within this time limit.
(2) Investigation into any allegation shall be completed within six
months, and in any case, not more than one year, from the date of
receipt of complaint.
(3) Trial in any case filed by Lokpal should be completed within one
year. Adjournments should be granted in rarest circumstances.
*31. Penalty for false complaint*
(1) Notwithstanding anything contained in this Act, if someone makes any
false or frivolous complaint under this Act, Lokpal may impose such
fines on that complainant as it deems fit.
Provided that no fine can be imposed without giving a reasonable
opportunity of being heard.
(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.
31A. Preventive measures:
(1) Lokpal shall, at regular intervals, either
study itself or cause to be studied the functioning of all public
authorities falling within its jurisdiction and in consultation with
respective public authority, issue such directions as it deems fit to
prevent incidence of corruption in future.
(2) Lokpal shall also be responsible for creating awareness about this
Act and involving general public in curbing corruption and misadministration.
31B. Reward Scheme:
(1) Lokpal shall encourage complainants from within
and outside the government to report and fight against corruption by
publicly recognizing such persons.
(2) Lokpal shall also prepare an appropriate scheme to give financial
award to such complainants.
Provided that the total value of such reward shall not exceed 10% of the
value of property confiscated or loss prevented.
*32. Power to make Rules*
(1) The Government may, by notification in the Official Gazette, make
rules for the purpose of carrying into effect the provisions of this Act.
Provided that such rules shall be made only in consultation and with the
approval of Lokpal.
(2) In particular, and without prejudice to the generality of the
foregoing provisions, such rules may provide for
(i) the allowance and pensions payable to and other conditions of
service of the Chairperson and members of Lokpal;
(ii) the powers of a Civil Court which may be exercised by the Lokpal
under clause (h) of sub-section (2) of section 11;
(iii) the salary, allowances, recruitment and other conditions of
service of the staff and employees of the Lokpal;
(iv) any other matter for which rules have to be made are necessary
under this Act.
(3) Any rule made under this Act may be made with retrospective effect
and when such a rule is made the reasons for making the rule shall be
specified in a Statement laid before both Houses of the Parliament.
*33. Removal of difficulties Notwithstanding anything contained in this
Act, the President, in consultation with Lokpal or on request of Lokpal
may, by order, make such provision*
(i) for bringing the provisions of this Act into effective operation;
(ii) for continuing the enquiries and investigations pending before the
Central Vigilance Commission by the Lokpal.
*34. Power to make regulations*
Lokpal shall have power to make its own regulations for the smooth
functioning of the institution and to effectively implement various provisions of this Act.
35. This Act shall override the provisions of all other laws. |
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