Legislate Enact LOKPAL Bill

[e-clarion of dalit]

S.O.S e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed
Editor: NAGARAJA.M.R… VOL.6 issue.31…… 01/08/2012



Government Inaction on Irom Sharmila's Fast Is An Affront To Democracy

An Open Letter to Honourable Chief Justice of India
To,
Honourable Chief Justice of India ,
Supreme Court of India ,
New Delhi.

Kind Attn: Sh. S. H. Kapadia

Dear Sir,
We are writing this letter to you with my faith in judiciary and deep
pain in my heart. The pain is there because as a citizen of this
democracy, we would like to have every right to be heard and to raise
our voice.
By this public letter, we want to raise our voice before you (before
the highest institution of law in my country) as the issue about which
we are requesting, is associated with the interest of public by and
large and thus your intervention will be helpful in protection of law
as well as in establishing and maintaining our faith in constitution
and its values.
We are talking about Irom Sharmila, a lady who is domicile of Manipur
and who is observing a hunger protest since last 11 years (since the
year 2000). The objective is to register the grievance against human
rights violations in Manipur and the demand is to repeal the AFSPA
(Armed forces special power act).
The lady has every right to register and to protest as she is
associated with the people of Manipur who faced the ill effects of
this draconian law. However, through this letter, we would like to
make it clear that like in every other such protests, government
always try to come with solution including visits, negotiation,
reviews, public debates and hearings, referendum etc; however in this
case/demand, no such steps have been taken from the side of government
yet.
It has also to be noted that some human rights activists have
submitted petitions before NHRC (National Human Rights Commission) ,
but NHRC disposed off almost all such petitions and replies that the
matter is political.
We, the citizens of India, who understand the issue, may be divided in
two parts , one is the indians who support AFSPA, another is the
indians who oppose AFSPA. But still, both of these categories supports
Irom Sharmila on democratic and humanitarian grounds and criticize
government/ courts/ NHRC because no concrete steps have been taken by
such responsible agencies/institutions.
I believe that the ongoing fast of Irom Sharmila is the symbol of her
faith in democratic values and non violence. The fact that the
Government has not taken any positive steps also hurts us and our
faith in democracy.
We would like to bring to your kind attention these facts:
• She is a human rights activist and has been fighting not for the
cause of one individual or herself, but for the society as a whole .
The charge of “ attempt to suicide ” is disgraceful. • She is charged
under “ attempt to suicide ” and facing 'arrest' for this attempt.
Every time she move to court and repeat her statement for not to break
her fast and her arrest extended. Is it right to provide order of
'arrest' for the same charge repeatedly?
• Sharmila's fight is based on non violence. She talks about peace,
love and non violence in her each message. But the Government has
ignored her. In these 11 years, no parliamentary delegation or all-
party representative group was ever sent to Manipur. There hasn't even
been any continuous approach of communication.
• NHRC has also not arranged any official visit of members of this
institution to meet Irom Sharmila and people of Manipur.
• The meeting procedure is also very difficult. It is, unlike, as in
all other cases of suicide attempt or as in case of an ordinary
prisoner. She has been charged under the attempt to suicide but
doesn't forced solitary confinement increase the chances of suicide?
• She is not allowed to meet the public . When other prisoners charged
with the same or more serious charge are allowed, then why not her? It
violates the Right to equality before law. is it not violating Article
19 under which she has right to freedom of speech, peaceful assembly,
move freely.
• The suppression of a non-violent voice may discourage people from
using this method of protest and will encourage violent ways.
• It has been seen that government has a practice to make efforts for
negotiation and to take action and to initiate a process when any such
fast has been organized in New Delhi in past, however government has
not approached to Irom in spite of her 11 years long fast. Is it not
the violation of right where it is told that 'The state shall not
discriminate against any citizen on the basis of caste, religion,
race , place of birth etc'
• Many national/international agencies, eminent persons like Nobel
peace prize winners, Padma awardees, Magsaysay awardees, many social
activists and intellectuals and general public have been raising this
issue. In view of this suppression by the Government, and the
necessity to protect the values of humanity and democracy, I request
here to you (Chief Justice, Supreme Court of India) for protection of
human rights.
The issue has not only appealed to the general public but has become
known on an international scale as well. I request you
• To issue notice to the Government of India on the issue
• To constitute a committee of retired/sitting judge, human rights
activists, parliamentrians to submit reports on this issue
and review condition
• To make Irom Sharmila free
• To advise NHRC to arrange an official visit of members of NHRC at
Manipur to meet Irom Sharmila
We hope that our faith in this institution will be maintained by the
actions of the institution in favor of protection of human rights in
this case.

Your’s sincerely,
Nagaraja.M.R.


Editorial : Enact JANLOKPAL - An Appeal to Honourable Prime
Minister of India , GOI

We have suffered enough due to corruption. We are deeply hurt and
disappointed with any lack of a real and meaningful solution from you
and your government. The Parliament session meant for passing Lokpal
Bill was wasted by Unparliamentary behaviour of some MPs.

We want change, and we want accountability and we cannot wait any
longer to have this! We will not vote for you if an effective anti-
corruption bill is not enacted. Not the farce Lokpal Bill proposed by
your government, but the peoples “Jan Lokpal Bill” which is more
stringent than the ones proposed by GOI & Team Anna. We want strict
and effective punishment for the corrupt. They MUST go to jail! Or you
Mr. PM, along with your party, will fall from the people’s grace. We
assure you, stand by us, and we will stand by you. The opposite will
also hold true.

Your government has appointed a GoM to draft the Lokpal Bill. This GoM
includes -
Sharad Pawar,Veerapa Moily and Kapil Sibal. Mr. Pawar and Mr. Moily
have a past of allegations of corruption and mis-deeds that the
entire country is aware of. Mr. Sibal does not feel there was
corruption in the 2G scam. Having these people draft the anti-
corruption law – is it not an insult to the people of India? How can
the corrupt be asked to draft an anti-corruption bill? We urge you to
consider the choice put forth by the people – credible names such as
Justice Santosh Hegde, Prashant Bhushan, Shanti Bushan and others, to
be part of the committee to draft the Lokpal Bill. Just look at the
draft proposed by GOI , it has left out many public servants and tax
evading corporate , industrialists (who are the origin & source of
black money corruption) from lokpal ambit , only good thing is NGOs
are included.

Shri Anna Hazare, one of the Greatest Social Reformers India has ever
seen has demanded for a Lokpal which has the power to investigate &
prosecute all public servants from peon to Supreme Court Judges ,
president of india. We urge you to immediately accept the demands of
the people of India represented by the demands of Shri Anna Hazare
lest the discontent among the people grows out of control.

The sentiments against rampant corruption in this country are quickly
becoming as strong as those that led to the uprising in Tahrir Square.
The honest and hardworking people of this country refuse to be
innocent bystanders in the wholesale public looting that is taking
place as you read this letter. We request your immediate and strong
response to this concern of the people as corruption should be the top
priority of your government. If the challenge is not met effectively
and promptly, it has the potential of undermining every valuable
effort made by upright citizens of this country over the last century
- including you. It also has the potential of leaving your government
with a legacy of shame.

Tahrir square can yet be a reality in India.

We trust you will take immediate steps to give us our solution, and
not force us to take the above steps! Jai Hind. Vande Mataram.
Your’s sincerely ,
Nagaraja.M.R.

Jan Lokpal Bill
The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-
corruption bill drawn up by prominent civil society activists seeking
the appointment of a Jan Lokpal, an independent body that would
investigate corruption cases, complete the investigation within a year
and envisages trial in the case getting over in the next one year.
Drafted by Justice Santosh Hegde (former Supreme Court Judge and
former Lokayukta of Karnataka), Prashant Bhushan (Supreme Court
Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a
system where a corrupt person found guilty would go to jail within two
years of the complaint being made and his ill-gotten wealth being
confiscated. It also seeks power to the Jan Lokpal to prosecute
politicians and bureaucrats without government permission.
Retired IPS officer Kiran Bedi and other known people like Swami
Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are
also part of the movement, called India Against Corruption. Its
website describes the movement as "an expression of collective anger
of people of India against corruption. We have all come together to
force/request/persuade/pressurize the Government to enact the Jan
Lokpal Bill. We feel that if this Bill were enacted it would create an
effective deterrence against corruption."
Anna Hazare, anti-corruption crusader, went on a fast-unto-death in
April, demanding that this Bill, drafted by the civil society, be
adopted. Four days into his fast, the government agreed to set up a
joint committee with an equal number of members from the government
and civil society side to draft the Lokpal Bill together. The two
sides met several times but could not agree on fundamental elements
like including the PM under the purview of the Lokpal. Eventually,
both sides drafted their own version of the Bill.
The government has introduced its version in Parliament in this
session. Team Anna is up in arms and calls the government version the
"Joke Pal Bill." Anna Hazare declared that he would begin another fast
in Delhi on August 16. Hours before he was to begin his hunger strike,
the Delhi Police detained and later arrested him. There are widespread
protests all over the country against his arrest.
The website of the India Against Corruption movement calls the Lokpal
Bill of the government an "eyewash" and has on it a critique of that
government Bill.

A look at the salient features of Jan Lokpal Bill:
1. An institution called LOKPAL at the centre and LOKAYUKTA in each
state will be set up
2. Like Supreme Court and Election Commission, they will be completely
independent of the governments. No minister or bureaucrat will be able
to influence their investigations.
3. Cases against corrupt people will not linger on for years anymore:
Investigations in any case will have to be completed in one year.
Trial should be completed in next one year so that the corrupt
politician, officer or judge is sent to jail within two years.
4. The loss that a corrupt person caused to the government will be
recovered at the time of conviction.
5. How will it help a common citizen: If any work of any citizen is
not done in prescribed time in any government office, Lokpal will
impose financial penalty on guilty officers, which will be given as
compensation to the complainant.
6. So, you could approach Lokpal if your ration card or passport or
voter card is not being made or if police is not registering your case
or any other work is not being done in prescribed time. Lokpal will
have to get it done in a month's time. You could also report any case
of corruption to Lokpal like ration being siphoned off, poor quality
roads been constructed or panchayat funds being siphoned off. Lokpal
will have to complete its investigations in a year, trial will be over
in next one year and the guilty will go to jail within two years.
7. But won't the government appoint corrupt and weak people as Lokpal
members? That won't be possible because its members will be selected
by judges, citizens and constitutional authorities and not by
politicians, through a completely transparent and participatory
process.
8. What if some officer in Lokpal becomes corrupt? The entire
functioning of Lokpal/ Lokayukta will be completely transparent. Any
complaint against any officer of Lokpal shall be investigated and the
officer dismissed within two months.
9. What will happen to existing anti-corruption agencies? CVC,
departmental vigilance and anti-corruption branch of CBI will be
merged into Lokpal. Lokpal will have complete powers and machinery to
independently investigate and prosecute any officer, judge or
politician.
10. It will be the duty of the Lokpal to provide protection to those
who are being victimized for raising their voice against corruption.

Read more: http://www.annahazare.n.nu/jan-lokpal-bill#ixzz1l1dD1X3m




Jan Lokpal Bill will improve existing anti-corruption systems.


Existing System System Proposed by civil society
No politician or senior officer ever goes to jail despite huge
evidence because Anti Corruption Branch (ACB) and CBI directly come
under the government. Before starting investigation or initiating
prosecution in any case, they have to take permission from the same
bosses, against whom the case has to be investigated. Lokpal at centre
and Lokayukta at state level will be independent bodies. ACB and CBI
will be merged into these bodies. They will have power to initiate
investigations and prosecution against any officer or politician
without needing anyone’s permission. Investigation should be completed
within 1 year and trial to get over in next 1 year. Within two years,
the corrupt should go to jail.
No corrupt officer is dismissed from the jobbecause Central Vigilance
Commission, which is supposed to dismiss corrupt officers, is only an
advisory body. Whenever it advises government to dismiss any senior
corrupt officer, its advice is never implemented. Lokpal and Lokayukta
will have complete powers to order dismissal of a corrupt officer. CVC
and all departmental vigilance will be merged into Lokpal and state
vigilance will be merged into Lokayukta.
No action is taken against corrupt judgesbecause permission is
required from the Chief Justice of India to even register an FIR
against corrupt judges. Lokpal & Lokayukta shall have powers to
investigate and prosecute any judge without needing anyone’s
permission.
Nowhere to go - People expose corruption but no action is taken on
their complaints. Lokpal & Lokayukta will have to enquire into and
hear every complaint.
There is so much corruption within CBI and vigilance departments.
Their functioning is so secret that it encourages corruption within
these agencies. All investigations in Lokpal & Lokayukta shall be
transparent. After completion of investigation, all case records shall
be open to public. Complaint against any staff of Lokpal & Lokayukta
shall be enquired and punishment announced within two months.
Weak and corrupt people are appointed as heads of anti-corruption
agencies. Politicians will have absolutely no say in selections of
Chairperson and members of Lokpal & Lokayukta. Selections will take
place through a transparent and public participatory process.
Citizens face harassment in government offices. Sometimes they are
forced to pay bribes. One can only complaint to senior officers. No
action is taken on complaints because senior officers also get their
cut. Lokpal & Lokayukta will get public grievances resolved in time
bound manner, impose a penalty of Rs 250 per day of delay to be
deducted from the salary of guilty officer and award that amount as
compensation to the aggrieved citizen.
Nothing in law to recover ill gotten wealth.A corrupt person can come
out of jail and enjoy that money. Loss caused to the government due to
corruptionwill be recovered from all accused.
Small punishment for corruption- Punishment for corruption is minimum
6 months and maximum 7 years. Enhanced punishment - The punishment
would be minimum 5 years and maximum of life imprisonment.


Salient features of Jan Lokpal Bill

• An institution called LOKPAL at the centre and LOKAYUKTA in each
state will be set up
• Like Supreme Court and Election Commission, they will be completely
independent of the governments. No minister or bureaucrat will be able
to influence their investigations.
• Cases against corrupt people will not linger on for years anymore:
Investigations in any case will have to be completed in one year.
Trial should be completed in next one year so that the corrupt
politician, officer or judge is sent to jail within two years.
• The loss that a corrupt person caused to the government will be
recovered at the time of conviction.
• How will it help a common citizen: If any work of any citizen is not
done in prescribed time in any government office, Lokpal will impose
financial penalty on guilty officers, which will be given as
compensation to the complainant.
• So, you could approach Lokpal if your ration card or passport or
voter card is not being made or if police is not registering your case
or any other work is not being done in prescribed time. Lokpal will
have to get it done in a month’s time. You could also report any case
of corruption to Lokpal like ration being siphoned off, poor quality
roads been constructed or panchayat funds being siphoned off. Lokpal
will have to complete its investigations in a year, trial will be over
in next one year and the guilty will go to jail within two years.
• But won’t the government appoint corrupt and weak people as Lokpal
members? That won’t be possible because its members will be selected
by judges, citizens and constitutional authorities and not by
politicians, through a completely transparent and participatory
process.
• What if some officer in Lokpal becomes corrupt? The entire
functioning of Lokpal/ Lokayukta will be completely transparent. Any
complaint against any officer of Lokpal shall be investigated and the
officer dismissed within two months.
• What will happen to existing anti-corruption agencies? CVC,
departmental vigilance and anti-corruption branch of CBI will be
merged into Lokpal. Lokpal will have complete powers and machinery to
independently investigate and prosecute any officer, judge or
politician.
• It will be the duty of the Lokpal to provide protection to those who
are being victimized for raising their voice against corruption.
Download IAC Draft of Janlokpal Bill


Mr.Arvind Kejriwal & Mr.Winston Churchill are Almost RIGHT -
Criminals have entered Indian
Parliament -
Legislate LOKPAL Bill

With whole hearted respects to the parliament & all constitutional
bodies , hereby we are appealing to the honest few in public service ,
honest few in parliament , honest few in judiciary & honest few in
police , to legally prosecute their corrupt colleagues , to legislate
“ LOKPAL BILL” with full powers to enforce accountability of all
public servants , MPs , MLAs , Police , etc to the citizens of india.
Contempt of Parliament & other constitutional bodies is being made by
some of the Corrupt MPs themselves. Therby these MPs are making
contempt of Indian Parliament , 105 crore Indian citizens ,
Constitution of India and Obstructing the Indian Citizens from
performing their FUNDAMENTAL DUTIES to uphold constituion of india ,
it's dignity. These Corrupt Public Servants are doing more damges to
India's National Unity & Integrity than naxals & terrorists . These
Corrupt Public Servants are more deadlier & greater threat to india
than Pakistan & China. The honest few in parliament & other
constitutional bodies are either keeping mum or not taking appropriate
steps to intiate criminal legal prosecution against their corrupt
colleagues , this is aiding those criminals to do more crimes , to go
unpunished , to manipulate legal system , to manipulate evidences /
records , to get acquitted by courts for lack of evidences , to
influence police to withdraw cases against them or to file B reports ,
etc. In these ways the corrupt public servants will never be
convicted , they will be either stay as accussed or acquitted for lack
of evidences or government withdraws cases against them or police file
B report.

Citizens of india are supreme in democratic republic of india.
parliament , MPs , MLAs are creations of citizens and are
subservient , subordinate to the citizens of india. Creations cann’t
be supreme than the creator.

Vohra committee has officially acknowledged the criminalization of
politics , parliament , legislatures. The politicians crave for power
because , while in power investigating / prosecuting agencies will be
under their control / influence and they can manipulate the legal
process , WHITE WASHING all their crimes. Just see , recently union
home minister Mr.Chidambaram influencing the delhi police for
closing a cheating case against a builder by forcing the police to
file “B” report. Politicians stoop low to such levels , to make money
Ex : irregularities in purchase of coffins meant for kargil martyrs ,
allotment of flats meant for war widows , war veterans at Mumbai.



If proper accountability of public servants is legally enacted,
independence , autonomy of judiciary & police is legally enacted ,
then those in power cann’t WHITE WASH their own crimes. That is the
reason many political parties are opposing “LOKPAL BILL” since decades
under many pretexts.

Subject to conditions , I do offer my services to the government of
india & supreme court of india , to legally apprehend CRIMINALS ,
CORRUPT PUBLIC SERVANTS , ARE YOU READY ?


JANLOKPAL BILL - Need for Accountability of VVIPS

While drafting our constitution of india , drafting members -
freedom fighters themselves assumed that in future also the persons
who will occupy constituional positions will be sincere & of high
impeccable integrity. However they were proved wrong. Late Prime
Minister of Great Britain Mr.Winston Churchill has been proved right.

"Power will go to the hands of rascals, , rogues and freebooters. All
Indian leaders will be of low calibre and men of straw. They will have
sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when
even air & water will be taxed." Sir Winston made this statement in
the House of Commons just before the independence of India & Pakistan.

Nowadays , criminals have entered into public service , working as
police , magistrates , etc. Criminals have become MPs , MLAs and are
also working as Cabinet Ministers . Criminals have become judges ,
some of them have become supreme court judges.

End result CRIMINALS POLICING THE OTHER CRIMINALS , CRIMINALS
DRAFTING LAWS , CRIMINALS JUDGING OTHERS.
Even there are cases of irregularities , illegaliteies by Prime
Minister of India and Irregularities , illegalities committed by
supreme court of india judges . Example : JMM MPs bribery case , CWG
Scam , 2G Scam , Bofors Scandal , etc and Bhopal Gas Tragedy
Judgement fixing by then chief justice of india by way of alteration
of charges , financial irregularities , illegal dealings by supreme
court judges , etc.

In this backdrop , continuing with legal immunity to Prime minister
of india , supreme court judges or any constitutional persons is
nothing but blanket clearance to those VVIPs to commit more crimes ,
more anti-national acts wthout the fear of Law or Legal Prosecution.
THIS LEGAL IMMUNITY IS & WILL BE AGAINST THE BASIC
CONSTITUTIONAL LETTER & SPIRIT OF EQUALITY & EQUITABLE
JUSTICE.

Are not some of the cabinet minsiters , so called constitutional
experts , great advocates aware of this fundamental violation of
constitution of india. Ofcourse , these advocates rightly fight for ,
take the cases of poor , commonman , they usually take cases of MNCs ,
Big time criminals , etc. Let these constitutional experts show us
a single government hospital without corruption . Let the light of
our constitution shine on our learned friends in the parliament
belonging to all political parties. Corruption is there in every
political party , in the same way there are very few honest persons
in all political parties , judiciary , police & public service. Why
you are afraid of accountability to people , while you are enjoying 5-
star luxurious lifestyles at tax payer’s expense ?

If you are so sincere READ ARTICLES / CASE at following web pages
& ANSWER :
Judgements for SALE in India
https://groups.google.com/forum/#!topic/e-clarion-of-dalit/WOBn8eJjBUA
Cross Examination of Loksabha Speaker & RajyaSabha Dy Chairman
http://sites.google.com/site/eclarionofdalit/cross-examination-of-loksabha-speaker-and-rajyasabha-dy-chairman
Parliamentary Privilege or Cover-up of Crimes
http://sites.google.com/site/eclarionofdalit/parliamentary-privilege-or-coverage-of-crimes
Threats to RTI Applicant & Judgement Fixing
http://sites.google.com/site/eclarionofdalit/threats-to-rti-applicant-judgement-fixing
Honour of Indian Parliament for SALE
http://e-voiceofhumanrightswatch.blogspot.com/2007/05/honour-of-indian-parliament-for-sale.html

JANLOKPAL BILL

Jan Lokpal Bill version 1.8

An act to create effective anti-corruption and grievance redressal
systems at centre so that effective
deterrent is created against corruption and to provide effective
protection to whistleblowers.
1. Short title and commencement:- (1) This Act may be called the Anti-
Corruption, Grievance
Redressal And Whistleblower Protection Act, 2010.
(2) It shall come into force on the one hundred and twentieth day of
its enactment.
2. Definitions:- In this Act, unless the context otherwise requires,-
(1) “Action” means any action taken by a public servant in the
discharge of his functions as such public
servant and includes decision, recommendation or finding or in any
other manner and includes
willful failure or omission to act and all other expressions relating
to such action shall be construed
accordingly;
(2) “Allegation” in relation to a public servant includes any
affirmation that such public servant-
(a) has indulged in misconduct, if he is a government servant;
(b) has indulged in corruption
(3) “complaint” includes any grievance or allegation or a request by
whistleblower for protection and
appropriate action.
(4) “corruption” includes anything made punishable under Chapter IX of
the Indian Penal Code or
under the Prevention of Corruption Act, 1988;
Provided that if any person obtains any benefit from the government by
violating any laws or rules,
that person along with the public servants who directly or indirectly
helped that person obtain
those benefits, shall be deemed to have indulged in corruption.
(5) “Government” or “Central Government” means Government of India.
(6) “Government Servant” means any person who is or was any time
appointed to a civil service or post
in connection with the affairs of the Central Government or High
Courts or Supreme Court either on
deputation or permanent or temporary or on contractual employment but
would not include the
judges.
(7) “grievance” means a claim by a person that he sustained injustice
or undue hardship in
consequence of mal-administration;
(8) “Lokpal” means
a. Benches constituted under this Act and performing their functions
as laid down under
various provisions of this Act; or
b. Any officer or employee, exercising its powers and carrying out its
functions and
responsibilities, in the manner and to the extent, assigned to it
under this Act, or under
various rules, regulations or orders made under various provisions of
this Act.
c. For all other purposes, the Chairperson and members acting
collectively as a body;
(9) “Mal-administration” means action taken or purporting to have been
taken in the exercise of
administrative function in any case where,-
a. such action or the administrative procedure or practice governing
such action is
unreasonable, unjust, oppressive or improperly discriminatory; or
b. there has been willful negligence or undue delay in taking such
action or the administrative
procedure or practice governing such action involves undue delay;
(10)“Misconduct” means misconduct as defined in CCS Conduct Rules and
which has vigilance angle.
(11)"public authority" means any authority or body or institution of
self- government established or
constituted—
a. by or under the Constitution;
b. by any other law made by Parliament;
c. by notification issued or order made by the Government, and
includes any body owned,
controlled or substantially financed by the Government;
(12)“Public servant” means a person who is or was at any time,-
(a) the Prime Minister;
(b) a Minister;
(c) a Member of Parliament;
(d) Judges of High Courts and Supreme Court;
(e) a Government servant;
(f) the Chairman or Vice-Chairman (by whatever name called) or a
member of a local
authority in the control of the Central Government or a statutory body
or corporation
established by or under any law of the Parliament of India, including
a co-operative
society, or a Government Company within the meaning of section 617 of
the
Companies Act, 1956 and members of any Committee or Board, statutory
or nonstatutory,
constituted by the Government;
(g) Such other authorities as the Central Government may, by
notification, from time to
time, specify;
(13)“Vigilance angle” includes –
(a) All acts of corruption
(b) Gross or willful negligence; recklessness in decision making;
blatant violations of systems and
procedures; exercise of discretion in excess, where no ostensible/
public interest is evident;
failure to keep the controlling authority/superiors informed in time
(c) Failure/delay in taking action, if under law the government
servant ought to do so, against
subordinates on complaints of corruption or dereliction of duties or
abuse of office by the
subordinates
(d) Indulging in discrimination through one’s conduct, directly or
indirectly.
(e) Victimizing Whistle Blowers
(f) Any undue/unjustified delay in the disposal of a case, perceived
after considering all relevant
factors, would reinforce a conclusion as to the presence of vigilance
angle in a case.
(g) Make unfair investigation or enquiry to either unduly help
culprits or fabricate the innocent.
(h) Any other matter as notified from time to time by Lokpal
(14)“Whistleblower” is any person who faces threat of (1) professional
harm, including but not limited
to illegitimate transfers, denial of promotions, denial of appropriate
perks, departmental
proceedings, discrimination or (2) physical harm or (3) is actually
subjected to such harm; because
of either making a complaint to Lokpal under this Act or for filing an
application under Right to
Information Act.
3. Establishment of the institution of Lokpal and appointment of
Lokpal:
(1) There shall be an institution known as Lokpal which shall consist
of one Chairperson and ten
members along with its officers and employees. The Lokpal shall be
headed by its Chairperson.
(2) The Chairperson and members of Lokpal shall be selected in such
manner as laid down in this
Act.
(3) A person appointed as Chairperson or member of Lokpal shall,
before entering upon his office,
make and subscribe before the President, an oath or affirmation in the
form as prescribed.
(4) The Government shall appoint the Chairperson and members of the
first Lokpal and set up the
institution with all its logistics and assets within six months of
enactment of this Act.
(5) The Government shall fill up a vacancy of the Chairperson or a
member caused due to
a) Retirement, 3 months before the member or the Chairperson retires.
b) Any other unforeseen reason, within a month of such vacancy.
Chairperson and Members of Lokpal
4. The Chairperson and members of Lokpal not to have held certain
offices- The Chairperson and
members of Lokpal shall not be serving or former member of either the
Parliament or the Legislature of
any State and shall not hold any office or trust of profit (other than
the office as Chairperson or
member) or would have ever been connected with any political party 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 of trust 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.
(iv) If he is associated directly or indirectly with any other
activity, which is likely 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.
5. Term of office and other conditions of service of Lokpal– (1) 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;
Provided further that.-
(a) the Chairperson or member of Lokpal may, by writing under his hand
addressed to the
President, resign his office;
(b) the Chairperson or member may be removed from office in the manner
provided in
this Act.
(2) There shall be paid to the Chairperson and each member every month
a salary equal to that of the
Chief Justice of India and that of the judge of the Supreme Court
respectively;
(3) The allowances and pension payable to and other conditions of
service of the Chairperson or a
member shall be such as may be prescribed;
Provided that the allowances and pension payable to and other
conditions of service of the
Chairperson or members shall not be varied to his disadvantage after
his appointment.
(4) The administrative expenses of the office of the Lokpal including
all salaries, allowances and pensions
payable to or in respect of persons serving in that office, shall be
charged on the Consolidated Fund of
India.
(5) There shall be a separate fund by the name of “Lokpal fund” in
which penalties/fines imposed by the
Lokpal shall be deposited and in which 10% of the loss of Public Money
detected/prevented on account
of investigations by Lokpal shall also be deposited by the Government.
Disposal of such fund shall be
completely at the discretion of the Lokpal and such fund shall be used
only for
enhancement/upgradation/extension of the infrastructure of Lokpal.
(6) The Chairperson or members shall not be eligible for appointment
on any position in Government of
India or Government of any state or for fighting elections, if he has
ever held the position of the
Chairperson or a member for any period.
Provided however that a member or Chairperson may be reappointed for
one more term or a member
may be appointed as the Chairperson, however, that any person shall
not serve for more than a total of
two terms.
6. Appointment of the Chairperson and members:
1. The Chairperson and members shall be appointed by the President on
the recommendation of a
selection committee.
2. Following persons shall not be eligible to become Chairman or
Member in Lokpal:
(a) Any person who was ever chargesheeted for any offence under IPC or
PC Act or was ever
penalized under CCS Conduct Rules.
(b) Any person who is less than 40 years in age.
3. At least four members of Lokpal shall have legal background.
4. The members and Chairperson should have unimpeachable integrity and
should have
demonstrated their resolve and efforts to fight against corruption in
the past.
5. A selection committee consisting of the following shall be set up:
a. The Chairpersons of both Houses of Parliament
b. Two senior most judges of Supreme Court
c. Two senior most Chief Justices of High Courts.
d. All Nobel Laureates of Indian Origin
e. Chairperson of National Human Rights Commission
f. Last two Magsaysay Award winners of Indian origin
g. Comptroller and Auditor General of India
h. Chief Election Commissioner
i. Bharat Ratna Award winners
j. After the first set of selection process, the outgoing members and
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.
j. 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 therefrom; or
(v) make a note or an inventory of any such property, document, money,
bullion, Jewellery or
other valuable article or thing.
(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, etc. (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 a 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.
(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 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, 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,
punishment shall not be less than five 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.
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 the
commitment 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.
(5) Lokpal may direct any public authority to make such changes in
their citizens’ charter as are
mentioned in that 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.
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, etc.- (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-section (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
to prosecute 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.
(5) If any public servant furnishes any statement, which is
subsequently found to be incorrect, then
Lokpal, in addition to taking action against the said public servant
under other sections of this Act, may
also impose a penalty upto a maximum of 50% of the value of the
additional property subsequently
detected. Lokpal shall also intimate such information to the Income
Tax Department for appropriate
action.
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 the level of Joint
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 maladministration.
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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