Government of India draft of Lokpal Bill June 2011

LOKPAL Bill - v 2.3

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LOKPAL Bill .v 2.3

TABLE OF CONTENTS

1 . Short Title and Commencement ...................... 3

2 . Definitions:  ......................................................................... 3

3. ~stablishmenot f the institution of Lokpal and appointment of Lokpal ......... 6

4. The Chair~ersona nd members of Lok~a..l.    ................................ 6

5 . Term of office and other conditions of service of Lokpal ...................... 7

6 . Appointment of the Chairperson and members: ................................ 8

7 . Removal of Chairperson or members .................................... 11

8. Powers and Functions of Lokpal ................................. 13

9 . Issue of Search Warrant etc: ..................................... 14

10 . Evidence .......................................................... 15

11 . Reports of Lokpal etc; ...................................... 16

12 . Lokpal to be a deemed police officer ................................. 16

13 . Powers in case of non-compliance of Orders ........................ 17

14 . Functioning of Lokpal .................................................. 18

15 . Making a complaint to the Lokpal and disposing thereof: ............................ 19

16 . Matters which may be investigated by Lokpal .......................... 20

17 . Matters not subject to Investigation by Lokpal ............................ 21

18 . Provisions relating to complaints and investigations ....................... 21

19 . Recovery of Loss to the Government and punishments ..................... 25

20 . Protection of Whistleblower ...................................... 26

21 . Grievances Redressal Systems ............................................ 29

22 . Receipt and disposal of Grievances: .................................. 29

23 . Chief Vigilance Officer ...................................................... 31

24 . Employees and Staff and authorities of Lokpal ..................... 32

25 . Repeal and savings ...................................... 33

26 . Investigation Wing of Lokpal ........................................ 34

27 . Complaints against officers or employees of Lokpal ............... 35

28 . Protection .................................................. 36

29 . Miscellaneous .............................................. 36

30 . Power to delegate and assign functions ........ ; ................... 38

31 . Time Limits ................................................ 39

32 . Penalty for false and frivolous complaint ........................... 39

33 . Power to make Rules ....................................................... 40

34 . Removal of difficulties: .................................................. 41

35 . Power to make regulations ...................................... 41

36 . Other Laws ............................................................ 41

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Draft of Lokpal Bill, 2011

An act to create effective anti-corruption and grievance redressal systems at Centre so

that effective deterrent is created against corruption, improve governance and to provide

effective protection to whistleblowers.

1. Short Title and Commencement

1.1. This Act may be called the Anti-Corruption, Grievance Redressal and

Whistleblower Protection Act, 201 1.

1.2. 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,-

2.1. "Action" means any action taken by a Public Servant in the discharge of his

functions as a public servant which includes the decisions, recommendations,

approvals or findings or in any other manner and includes wilful failure or omission

to act (inaction) in pursuance of Public Good and all other expressions relating to

such action/inaction shall be construed accordingly;

2.2. "Allegation" in relation to a Public Servant includes any affirmation that such a

person:-

2.2.1, has indulged in misconduct, while he was or is a government employee,

either on deputation or permanent or temporary or on contractual

appointment;

2.2.2. has indulged in corruption or bribery ornepotism;

2.3. "Complaint" includes amongst others any grievance or allegation or any case of

mal-administration, instances of corruption against Public Servant and his actions

or request by a whistle blower for protection and appropriate action.

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.

2.4. "Corruption" includes anything made punishable under chapter IX of Indian Penal

Code, or relevant provisions of Prevention of Corruption act, Foreign Exchange

Management Act and Prevention of Money Laundering Act.

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2.5. "Frivolous complaint" means any complaint by any citizen under this Act that is

made with a view to malign a Public Servant for a personal gain.

2.6. "Government" or Central Government means Government of India

2.7. "Grievance" means a claim by a citizen that helshe or the public, on whose behalf

he is voluntarily representing, has sustained in justice or undue hardship in

consequence of mal-administration, wilful or otherwise. Also means a claim by a

citizen that she could not get satisfactory redressal according to citizen's charter

despite approaching Public Grievance Officer of that Department

2.8. "Lokpal" means

2.8.1. Benches constituted under this Act and performing their functions as laid

down under various provision of this act; or

2.8.2. Any officer or employee exercising its powers and carrying out its function

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;

2.8.3. For all other purposes, the Chairperson and members acting collectively as

a body.

2.9. "Mal-administration" means action taken or purporting to have been taken ( or

inaction) in the exercise of managerial and administration function in any case

where:-

2.9.1. Such action or procedure or practice governing such action is unreasonable,

u n j u s t o p p r e s s i v e or i m p r o p e r l y d i s c r i m i n a t o r y ; or

2.9.2. There has been wilful negligence or inaction or undue delay in taking such

action or the administrative procedure or practice governing such action .involves

undue delay, loss to exchequer and a g a i n s t Public Good;

2.9.3. Such action or procedure or practice that has been taken needs re-work to

make good the original action, procedure or practice in relation to Public Works;

2.10. "Misconduct" means misconduct as defined in CCS Conduct Rules and which has

vigilance angle.

2.11. "Public Servant" means any person who is or was any time appointed by a Public

Authority to any post either on deputation or permanent or temporary or on

contractual appointment.

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2.1 1.l.lncludes all elected representatives of Lok Sabha and Rajya Sabha and

taken office under an Oath.

2.1 1.2.lncludes all those who are declared as "public servants'' in section 2(c) of

Prevention of Corruption Act 1988.

2.1 1 .3.Excludes the Judges of High Courts and Supreme Courts.

2.12. "Public Authority" means any authority or body or institution of self- government

established or constitute+

2.12.1 .by or under the Constitution;

2.12.2.by any other law made by Parliament;

2.12.3.b~ notification issued or order made by the Government, and

includes any Body owned, controlled or substantially financed by the

Government

2.12.4.0r 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 non-statutory,

constituted by the Government;

2.12.5.Such other authorities as the Central Government may, by

notification, from time to time, specify;

2.13. "Vigilance angle" includes -

2.1 3.1 .All acts of. corruption

2.13.2.Gross or wilful negligence; recklessness in decision making; Blatant

violations of systems and Procedures; exercise of discretion in excess,

where no ostensiblelpublic interest is evident; failure to keep the controlling

authoritylsuperiors informed in time

2.13.3.Failureldelay in taking action, if under law the public servant ought to

do so, against subordinates on complaints of corruption or dereliction of

I duties or abuse of office by the subordinates

2.1 3.4.lndulging in discrimination through one's conduct, directly or indirectly.

2.1 3.5.Victimizing Whistle Blowers

2.13.6.Any undue/unjustified delay in the disposal of a case, perceived after

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considering all relevant factors, would reinforce a conclusion as to the presence of

vigilance angle in a case.

2.13.7.Make unfair investigation or enquiry to either unduly help culprits or

Implicate the innocent;

2.14. 'Whistleblower" is any citizen (because of either making a complaint to Lokpal

under this Act or for filing an application under Right to Information Act) 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;

3. Establishment of the institution of ~ o k ~aandla ppointment of Lokpal

3.1. There shall be an institution known as Lokpal which shall consist of one

Chairperson and ten members long with its officers and employees. The Lokpal

shall be headed by its Chairperson.

3.2. The Chairperson and members of Lokpal shall be selected in such manner as laid

down in this Act.

3.3. 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.

3.4. 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, subject to provisions 4 and 6 of this Act.

3.5. The Government shall fill up a vacancy of the Cha~rperson or a member caused

due to

3.5.1. Retirement, 3 months before the member or the Chairperson's tern

expires.

3.5.2. Any other reason (as detailed elsewhere), within a month of such vacancy

4. The Chairperson and members of Lokpal

4.1. The Chairperson and members of Lokpal not to have held certain offices:-

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4.2. The Chairperson and members of Lokpal shall not be sewing 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 and accordingly, before he enters upon his

office, a person appointed as the Chairperson or member of Lokpal shall-

4.2.1. i f he holds any office of trust or profit, resign from such office; or

4.2.2. if he is carrying on any business, sever his connection with the

conduct and management of such business; or

4.2.3. i f he is practicing any profession, suspend practice of such

profession.

4.2.4. 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.

4.3. 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

5.1. 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 or upto an age

of 70 years, whichever is earlier ;

5.2. Provided further that:

5.2.1. the Chairperson or member of Lokpal may, by writing under his hand

addressed to the President, resign his office; . . . .

5.2.2. the Chairperson or member may have been removed from office in the

manner provided in this Act.

5.3. 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;

5.4. The allowances and pension payable to and other conditions of service of the

Chairperson or a member shall be such as may be prescribed;

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5.5. Provided that the allowances and pension payable to and other conditions of

sewice of the Chairperson or members shall not be varied to his disadvantage after

his appointment.

5.6. The administrative expenses of the office of the Lokpal including all salaries,

allowances and pensions payable to or in respect of persons sewing in that office,

shall be charged on the Consolidated Fund of lndia.

5.7. There shall be a separate fund by the name of "Lokpal fund" in which

penaltieslfines imposed by the Lokpal shall be deposited and in which 10% of the

loss of Public Money detectedlprevented 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 enhancementlup gradationlextension of the infrastructure of

Lokpal.

5.8. The Chairperson or members shall not be eligible for appointment on any position

in Government of lndia 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.

5.9. 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 sewe for more than a total of two terms.

5.10. The Chairperson and members of Lokpal shall not be eligible for appointment to

any position in Government of lndia or Government of any state or any such body

which is funded by any of the governments or for contesting elections to

Parliament, state legislatures or local bodies, if he has ever held the position of

the Chairperson or a member for any period after demitting their office. A member

could be appointed as a chairperson, provided that the total tenure both as

member and as chairperson would not exceed five years and no member or

chairperson would be eligible for reappointment or extension after completion of a

five year term. . .

. .

6.Appointment of the Chairperson and members:

6.1. The Chairperson and members shall be appointed by the President on the

recommendation of a Selection committee.

6.2. Following persons shall not be eligible to become Chairperson or Member in

Lokpal:

6.2.1. Any person who is not a citizen of lndia

6.2.2. Any person who was ever charge sheeted for any offence under IPC or PC

Act or was ever penalized under CCS Conduct Rules or under this Act

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6.2.3. Any person who is less than 40 years in age.

6.2.4. Any person, who was in the service of any government and has remitted

office within the last two years, either by way of resignation or retirement.

6.3. At least four members of Lokpal shall have legal background. Not more than two

members, including Chairperson, shall be former civil servants.

Explanation: "Legal Background" means that the person should have held a

judicial office in the territory of lndia for at least ten years or has been an

advocate in High Court or Supreme Court for at least fifteen years.

6.4. The members and Chairperson should have unimpeachable integrity and should

have demonstrated their resolve to fight corruption in the past

6.5. A Selection committee of ten persons from amongst the following shall be set up:

6.5.1. Prime Minister of lndia

6.5.2. Leader of Opposition in Loksabha

6.5.3. Two youngest judges of Supreme Court

6.5.4. Two youngest Chief Justices of High Courts

6.5.5. Chairperson of the last Lokpal ( after the first selection)

The Balance from amongst

6.5.6. Professors of Universities or Institutes set up by the University Grant

Commission, llTs Act, or IIMs.

6.5.7. Officers of CAG and CEC.

6.5.8. After the first set of selection process, from among the outgoing members

6.6. The Prime Minister shall act as the Chairperson of the Selection committee.

6.7. There shall be a search committee consisting of ten members:

6.8. Members of search committee shall be selected in the following manner

6.8.1. The selection committee shall select five members of search committee

from the former Comptroller and Auditor Generals of lndia and Election

Commissioners of lndia.

Provided that the following persons shall not be eligible for becoming

members of search committee:

a. Any person who has had any substantive allegation of corruption against

him

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b. Any person who has either joined any political party after retirement or has

had strong affiliations to any political party

c. Any person who is still in the service of the government in any capacity

d. Any person who took up a government assignment after retirement barring

those assignments which are reserved for the post from which he has

retired.

6.8.2. The five members selected above shall nominate five members from civil

society

6.9. The search committee shall invite recommendations from such class of people or

such individuals as it deems fit. The recommendations should, interalia, contain

the following details

6.9.1. Personal details of the candidate being recommended

6.9.2. Details of any allegations faced by the candidate under any law or any

allegations of moral turpitude in the past?

6.9.3. Details of his work against corruption in the past with documentary

evidence.

6.9.4. Evidence from his past, if any, to show that he is a fiercely independent

person and cannot be influenced.

6.9.5. Any other material that the search committee decides

6.1 0. The following Selection Process shall be followed by the Search Committee:

6.1 0.1. The search committee may decide to use any means to collect

more information about the background and past achievements of these

candidates.

6.1 0.2. All the material obtained so far about the candidates shall be made

available to each member of the search committee in advance. The

members shall make their own assessment of each candidate.

6.1 0.3. The search committee shall meet and discuss the material so

received about each candidate. The selections shall be made preferably

through consensus.

Provided that if three or more members of search committee, for reasons

to be recorded in writing, object to the selection of any member, he shall

not be selected.

6.1 0.4. Search committee shall recommend three times the names as there

are vacancies to the Selection committee.

6.1 0.5. Search committee shall select such number of candidates as there

are vacancies to the Prime Minister.

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6.1 0.6. The list of candidates received above along with their details

received in the format mentioned above shall be displayed on a website.

6.1 0.7. Public feedback shall be invited on these names and such feed

back is to be placed before the Selection Committee for finalising the

members for the Lokpal.

6.10.8.Search Committee meetings shall have atleast seven members as a

quorum (amongst the ten) in the meeting while finalising and forwarding the

list to the Selection Committee.

6.10.9. The selections shall be made preferably through consensus.

6.1 1. The Selection committee shall recommend the names to the President, who shall

order such appointments within a month of receipt of the same.

Provided that if three or more members of selection committee, for reasons to be

recorded in writing, object to the selection of any member, he shall not be

selected

6.12. 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.

6.13. Section Committee meetings shall have at least FIVE members as a quorum

(amongst the ten) in the meeting while finalising and forwarding the list to the

President.

7. Removal of Chairperson or members

7.1. The Chairperson or any member shall not be removed from his office except

by an order of the President.

7.2. They can be removed from office on one or more of the following grounds:

7.2.1. Proven misbehaviour

7.2.2. Professional or physical incapacity

7.2.3. Has been charged of an offence which involves moral turpitude

7.2.4. If he engages during his term of office in any paid employment outside the

duties of his office

7.2.5. Has acquired such financial interests or other interests which are likely to

affect prejudicially his functions as member or Chairperson.

7.2.6. 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.

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7.2.7. If he commits any act of omission or commission which is punishable

under Prevention of Corruption Act or is a misconduct or under this Act

7.2.8. 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 execution 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 misbehaviour.

7.3. The following process shall be followed for the removal of any member or

Chairperson:

7.3.1. Any citizen may move an applicationlpetition 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.

7.3.2. 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:

7.3.2.1. Order an investigation to be done by a Special lnvestigation 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 lnvestigation Team shall submit its report

within three months.

7.3.2.2. Pending investigations by a Special lnvestigation Team under

sub-clause (7.3.2.1), order withdrawal of a part or complete work

from that member.

. .

7.3.2.3. dismiss the petition if no case is made out

7.3.2.4. If the grounds are proved, recommend to the President for

removal of the said member or Chairperson.

7.3.2.5. 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 andlor under this

Act.

7.3.3. The bench shall be constituted by a panel of five senior most judges of the

Supreme Court.

Provided that the judges who have ever been members of the selection

committee or against whom any complaint is pending in Lokpal shall not

be members of the bench.

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7.3.4. The Supreme Court shall not dismiss such petitions in liminae

7.3.5. 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.

7.3.6. On receipt of a recommendation from the Supreme Court under this

section, the President shall order removal of said members within a month

of receipt of the same.

8. Powers and Functions of Lokpal

8.1. Lokpal shall be responsible for examining communication received from any

citizen or from reports appearing in the public domain , such as the print and

electronic media, the Internet, concerning

8.1.1. Public Servants who havelhad indulged in Corruption, while handling or

handled Public Affairs, including complaints against the staff of Lokpal.

8.1.2. Complaints where there are allegations of misconduct by a public servant.

8.1.3. Grievances of inaction, mal-administration and allegations against the

Pubic Servant including Complaints from whistleblowers.

8.2. Suo moto initiate appropriate action under the Act, if any case of the nature

mentioned above comes to the knowledge of any member of the Lokpal from any

source,

8.3. Lokpal, after getting such complaints, and information as it deems fit, may take

one or more of the following actions:

. . . .

8.3.1. Close the case if prima facie the complaint if it is a frivolous complaint.

8.3.2. Initiate prosecution against such frivolous complainant who has made the

complaint.

8.3.3. Proceed against the Public Servant under various Acts Applicable

8.3.4. Order imposition of penalties under CCS conduct rules including major

penalty of dismissal, impound and seize any land, cash, shares, and such

assets acquired because of proven corrupt activities.

8.3.5. Order cancellation, or modification of a license or lease or permission or

contract or agreement which was the subject of such an investigation

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including prosecution of the private party (person or company or firm) who

was the beneficiary of the corrupt activity.

8.3.6. Black list the concerned firm or company or contractor or any other entity

i n v o l v e d i n t h e a c t of s a i d c o r r u p t a c t i v i t y on

charge of abetment,

8.3.7. lssue appropriate directions and guidelines to concerned

Agenciesldepartments to redress the grievance in such time and manner

as specified in the order.

8.3.8. Invoke powers under the Act; if its orders are not duly complied with and

e n s u r e d u e c o m p l i a n c e o f i t s o r d e r s .

8.3.9. Take necessary action to provide protection to the whistle

blower as per various provisions of the Act.

8.4. lssue such directions as are necessary from time to time to appropriate

authorities so as to make the such changes n their work practices, administration

or other systems so as to reduce the scope of future incidence of corruption, ma1

administration and grievance happening.

8.5. Lokpal shall be deemed to be " Disciplinary Authority" or " appointing authority"

for the purpose of imposing penalties under CCS Conduct Rules

8.6. Section 19 of the Prevention of Corruption Act shall stand deleted. Section 6 A of

Delhi Special Establishment Act shall not be applicable to the proceedings under

this Act.

. .

8.7. Section 197 of CrPC shall not apply to any proceedings under this Act. All

permissions, which need to be sought for initiating the prosecutions under any

Act, shall be deemed to have been granted once Lokpal grants such permissions.

9.lssue of Search Warrant etc:

9.1. Where, in consequence of information in his possession, the Lokpal

9.1 .I. Has reason to believe that any person, -

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9.1.1.1. To whom summons or notice under the Act has been or might be

issued, will not or would not produce or cause to produced any

property, document or thing which shall be necessary or useful or

relevant to any inquiry or other proceedings to be conducted by the

Lokpal;

9.1.1.2. Is in possession of any money, bullion, jewellery or property documents

or other valuable articles or thing and such money, bullion, jewellery or

property documents or other valuable articles 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

9.1.2. Considers that the purposes of any inquiry to be conducted by the

Lokpal, will be served by general search or inspection.

The Lokpal may by a search warrant authorize an lncome Tax Officer not

below the rank of a Deputy Commissioner under the protection and

assistance of any Police Officer not below the rank of an Inspector of

Police to conduct a search or carry out any inspection in accordance the

rules of such searches under lncome Tax Act,

9.2. The provisions of the Indian lncome Tax Act and the Code of Criminal Procedure

1973 ( under sub section I), relation to search and seizures shall apply,

9.3. A warrant issued under this sub section shall for all DurDoses be deemed to be a

warrant issued by a court under section 93 of the Code of Criminal Procedure,

1973.

10. Evidence

10.1. Subject to the provisions of this section for the purpose' of any investigation (

. . including 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 or produce documents relevant to the investigation, to furnish such

information or produce any such document.

10.2. For the purpose of any such investigation ( including 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:-

10.2.1. Summoning and enforcing the attendance of any person and

examining him on oath;

10.2.2. Requiring the discovery and production of any document;

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10.2.3. Receiving evidence on affidavits;

10.2.4. Requisitioning any public record or copy thereof from any

court or Office;

10.2.5. Issuing commissions for the examination of witnesses or

documents

10.2.6. ordering payment of compensatory cost in respect of a false

or Vexatious claim or defence;

10.2.7. ordering cost for causing delay;

10.2.8. Such other matters as may be prescribed

10.3. Any proceeding before the Lokpal shall be deemed to be a judicial proceeding

within the meaning of section 193 of the Indian Penal Code.

I I. Reports of Lokpal etc;

11.1. The Chairperson of Lokpal shall present annually a consolidated report in

prescribed format on its performance to the President

11.2. 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.

11.3. 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 ar 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.

12.1. For the purposes of section 36 of Criminal Procedure Code, the Chairperson,

members of Lokpal and the officers in investigation wing of Lokpal and other

public servants whose services have been hired by Lokpal, temporarily or on

consultation, shall be deemed to be police officers.

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12.2. While investigating any offence under Prevention of Corruption Act 1988, Lokpal

shall be competent to investigate any offence under any other law in the same

case.

13. Powers in case of non-compliance of Orders.

13.1. Each order of Lokpal shall clearly specify the names of the officials ( public

servants) 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.

13.2. If the order is not complied with within the time or in the manner directed, Lokpal

may decide to impose a fineladmonishltake punitive action on the officials

responsible for the non-compliance of its orders.

13.3. 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.

13.4. 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.

13.5. 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.

13.6. Special Judges under section 4 of Prevention of Corruption Act:

13.6.1. 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 Governmerjt 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.

13.6.2. Before making any fresh appointments, the Government shall

consult the Lokpal on the procedure to be followed in selection to ensure

the integrity of the candidates selected. The Government shall implement

such recommendations.

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13.7. Issue of Letter Rogatory: A bench of the Lokpal shall have powers to issue

Letters Rogatory in any case pending with the Lokpal.

13.8. Powers under lndian Telegraph Act: An appropriate bench of Lokpal shall be

deemed to be designated authority under section 5 of lndian Telegraph Act. Such

bench would be empowered to approve interception and monitoring of messages

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

covered under lndia Telegraph Act, read with Information and Technology Act

2000 and as per rules and provisions made under lndian telegraph Act 1885.

14. Functioning of Lokpal

14.1. The Chairperson shall be responsible for overall administration and supervision of

the institution of Lokpal.

14.2. 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.

14.3. 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.

14.3.1. The expenditure so decided shall be charged to the Consolidated

Fund of lndia

14.3.2. The Chairperson and its members of Lokpal shall take all steps to

ensure the integrity of its employees and integrity of all enquiries and

investigations. For this purpose, they shall be competent to make rules,

prescribe work norms, prescribe procedures for swift and effective

punishment against inefficient and corrupt employees and take any other

step as they deem fit.

14.3:3. The Chairperson and members of Lokpal shall be responsible for

and shall be competent to take all steps to ensure that the time limits

provided in this Act are adhered to strictly.

14.3.4. Lokpal shall be completely independent of the government in all

matters including administrative, financial and functional.

14.4. 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.

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14.5. Such benches shall be responsible for:

14.5.1. Granting permission to initiate prosecution in certain category of

cases.

14.5.2. Hearing cases of complaints against its own staff.

14.5.3. Appeals in such cases of investigation or vigilance, which are

closed by officials of Lokpal and which are of such categories as are

prescribed by Lokpal from time to time.

14.5.4. Such other orders as may be decided by Lokpal from time to time.

Provided that the full bench of Lokpal may lay down norms as to which category

of cases will be dealt by the benches of members and which cases would be

decided at the levels of Chief Vigilance officers or Vigilance Officers. The norms

could be based on loss caused to the-government andlor impact on public andlor

the status of the accused.

14.6. Lokpal may decide to initiate investigations into any case suo moto also.

14.7. Quorum: All meetings of Lokpal and its members shall be held under the

standard rules of Quorum as per general definition of quorum. A minimum of four

members and Chairperson form a quorum to decide on varlous matters that come

up for discussions1 decision by Lokpal. In case of Benches, all the members shall

be present before a decision is made enforceable. However, if the Bench after

formation does not meet for two months after such a formation, it stands

dissolved and a new Bench is formed with the same mandate as the previous

Bench.

14.8. The decision to initiate investigation or prosecution against any member of the

Cabinet shall be taken by full bench of Lokpal.

14.9. Certain matters, as provided under this Act shall be dealt by the full bench of

Lokpal,which shall consist of at least seven members.

14.10. Chairperson shall chair all meetings of Lokpal and in his absence the senior most

member with Legal background

14.11. Minutes and records of meetings of Lokpal shall be made public.

15. Making a complaint to the Lokpal and disposing thereof:

15.1. Subject to the provisions of this Act, any citizen may make a complaint under this

Act to the Lokpal.

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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.

Provided further that a citizen may make a complaint to any office of Lokpal anywhere in

the country. It shall be the duty of that office of Lokpal to transfer it to appropriate officer

within Lokpal.

15.2. A complaint could be on a plain paper but should contain all such details as

prescribed by Lokpal.

15.3. 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.

15.4. On receipt of a complaint, the Lokpal shall classify within a reasonable period

whether it is an allegation or a grievance or the case of mal-administration or

corruption or a request for whistleblower protection or a mixture of two or more of

these.

15.5. Every complaint shall have to be compulsorily disposed off by the Lokpal.

Provided that no complaint, other than those which are anonymous, shall be

closed without hearing the complainant.

15.6. Frivolous Complaints: In case of frivolous complaint the complainant shall be

dealt with in the same manner as in case of Public Servants against whom such a

complaint is made. Suo moto investigations taken up by Lokpal based on reports

published in Print and electronic media shall also be dealt with in the same

manner as above, in case they are found to be frivolous or biased.

16. Matters which may be investigated by Lokpal

16.1. 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 or a case of mal-administration 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 or a case of maladministration.

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17. Matters not subject to Investigation by Lokpal

17.1. The Lokpal shall not conduct any investigation under this Act in case of a

complaint in respect of any action-

17.1.1. 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.

17.1.2. Taken by a judicial or quasi-judicial body, unless the complainant

alleges malafides

17.1.3. If the substance of the ehtire grievance is pending before any court

or quasi-judicial body of competent jurisdiction.

17.1.4. any grievance where there is inordinate and inexplicable delay.

17.2. 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.

17.3. 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.

17.4. 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.

18.1.1. The Lokpal, on receipt of a complaint in the nature of an allegation

or a grievance or a case of mal-administration or a combination of thereof,

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.

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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.

18.1.2. 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. Where the preliminary enquiry has not

been completed within one month, reasons for the delay will be recorded in

writing at the completion of the enquiry and made public.

18.1.3. No anonymous complaint shall be entertained under this Act. The

Complainant will have to reveal his identity to the Lokpal. However, if the

complainant so desires, his identity shall be protected by Lokpal.

18.2. Where the Lokpal proposes, either directly or after making preliminary inquiry, to

conduct any investigation under this Act, he.-

18.2.1. may make such order as to the safe custody of documents

relevant to the investigation, as it deems fit.

18.2.2. 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.

18.2.3. shall afford to such public sewant 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.

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18.3. 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.

18.4. 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. The public authority shall

either comply with or reject the recommendations of Lokpal under this subsection

within 15 days of receipt of such an order. Lokpal, if it feels important,

may approach appropriate High Court for seeking appropriate directions to the

public authority.

18.5. 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 the assets of all the

accused in that case and shall notify the same. In the event of final

conviction, the court shall be empowered to recover loss determined under

section 19 of this Act from this property and any transfer of property subsequent

to the date of notification by Lokpal under this sub-section shall be treated as null

and void.

18.6. If during the course of investigation or aninquiry 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. The public

authority shall either comply with or reject the recommendations of Lokpal under

this sub-section within 15 days of receipt of such an order. Lokpal, if it feels

important, may approach appropriate High Court for seeking appropriate

directions to the public authority.

18.7. 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, pending inquiry or investigation.-

18.7.1. to safeguard wastage or damage of public property or public

revenue by the administrative acts of the public servant;

18.7.2. to prevent further acts of misconduct by the public servant;

18.7.3. to prevent the public servant from secreting the assets allegedly

acquired by him by corrupt means;

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The pubiic authority shall either comply with or reject the recommendations of

Lokpal under this sub-section within 15 days of receipt of such an order. Lokpal, if

it feels important, may approach appropriate High Court for seeking appopriate

directions to the public authority.

18.8. 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 trial court may, in addition to other measures, recover the loss

determined under section 19 of this Act from this property.

18.9. Provided that provisions of this sectibn shali not apply to the Prime Minister or a

sitting Judge of High Court or Supreme Court.

18.10. In case of a grievance, the Lokpal may issue interim orders to the appropriate

authority recommending grant of interim reiief 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 pubiic servant.

18.11. 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. In case of public servant being a Judge, Lokpal shali make such

recommendation to the Chief Justice, who shall decide either to accept such

recommendation or reject it within a month of its receipt. The matter related to

Judges of High Court and Supreme Court is subject to Clause 19.3.

18.12. 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,

18.12.1. Pass appropriate orders directing appropriate authorities to

redress the grievance in a manner and within the time

prescribed in the order, and

18.12.2. Direct the appropriate authorities to deduct from the salary of

the officials mentioned in the order amounts calculated and

specified in the order at the rate of Rs 250 per day of delay

calculated from day the time limit mentioned in citizens' charter for

r e d r e s s i n g t h a t g r i e v a n c e g o t o v e r , a n d

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18.12.3. 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.

18.13. All records and information of Lokpal shall be public and shall be provided under

Right to lnformation 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.

19. Recovery of Loss to the Government and punishments

19.1. When 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

additional gains that the accused would have earned by investing the proceeds of

corruption and apportion that amount to various convicts from whom this money

must be recovered as arrears of land revenue.

19.2. Punishment for offences: : For offences mentioned in Chapter Ill of Prevention

of Corruption Act, punishment shall not be less than five years which may extend

upto life imprisonment.

Provided that the punishment shall be more severe if the accused is higher in rank.

Provided further that if the offence is of the nature mentioned in the proviso to section

2(4) of this Act and if the beneficiary is a business entity, in addition to other

punishments mentioned in this Act and under the Prevention of Corruption Act, a fine

amounting to five times the loss caused to the public shall be recovered from the

accused and the recovery may be done from the assets of the business entity and from

the personal assets of all its Directors, if the assets of the accused are inadequate.

19.3. Dealing with complaints against judges of High Courts or Supreme Court:

Receiving and Disposing complaints against Judges of High Court and

Supreme Court.

19.3.1. Any complaint against any Judge of a High Court or Supreme Court

shall be dealt only by the office of the Chairperson of Lokpal.

19.3.2. Each such complaint shall be subjected to a preliminary screening,

which shall determine whether prima facie evidence exists of an offence

under Prevention of Corruption Act. The screening shall be done by a

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member of Lokpal, who shall then present his findings to a full bench of

Lokpal.

Provided that such full bench shall have at least three legal members.

19.3.3. A case shall not be registered without the approval of a full bench

of Lokpal with majority of members of that bench being from legal

background.

19.3.4. Such case shall be investigated by a special team headed by an

officer not below the rank of a Superintendent of Police.

19.3.5. A decision whether to initiate prosecution shall be taken by a full

bench of Lokpal with majority of members with legal background.

20. Protection of Whistleblower

20.1. 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.

20.2. On receiving such a complaint, Lokpal shall take following steps

20.2.1. 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.

20.2.2. If a whistle blower 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 (20.2.1) Lokpal may, but for clause (20.2.2)

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.

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20.2.3. 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

c i r c u m s t a n c e s l e a d i n g t o s u c h t h r e a t .

Provided that if the threat is imminent, Lokpal may decide to act

immediately, within a few hours to prevent physical assault on that

person. . If the complainant wishes to meet the Chairperson or a

member, he shall be entitled to talk to them either on phone or

through video conferencing or in person, according to the desire of

the complainant.

20.2.4. 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.

a) If a whistleblower alleges that police or any other authority has

registered or initiated any case against the complainant or any

other person on account of making a complaint under this Act or

for using RTI Act, the Lokpal may, on the basis of enquiries, issue

orders to appropriate authorities, to withdraw such case.

b) In case of threat of physical victimization or if any person has

been assaulted, that person, or any other person may complaint to

any office of Lokpal anywhere in the country and it shall be the

duty of that official of Lokpal to forward such complaint

immediately to appropriate officer within Lokpal.

c) Lokpal may delegate the responsibility of providing protection to

whistleblowers to up to the level of Vigilance Officers and in such

case, such officers shall have the powers to direct the appropriate

authorities, including local police, to take such steps as are

necessary to ensure protection of that whistleblower.

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d) If, after making a complaint to the Lokpal, any person is still

assaulted, the concerned officials in Lokpal will be held

responsible for criminal dereliction of duty or connivance or both,

unless they are able to prove otherwise

20.2.5. If the whistleblower has alleged an act punishable under

Prevention of Corruption Act, then for cases under clause (20.2.3),

Lokpal may and for cases under clause (20.2.4), 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.

20.2.6. If the whistleblower has alleged an act punishable under any

law other than the Prevention of Corruption Act, then for cases

under clause (20.2.3), Lokpal may and for cases under clause

(20.2.4), 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.

20.2.7. Lokpal shall have the powers to issue directions to

appropriate Agencies in the cases covered under clause (20.2.6),

monitor such investigations and if necessary, issue directions to that

agency to do the investigations in the manner as directed by the

Lokpal.

20.2.8. Whistleblowers, who face threat of physical victimization or are

actually assaulted may directly approach the Chairperson of Lokpal who shall

meet them within 24 hours of their seeking such meeting and shall take

a p p r o p r i a t e a c t i o n as p e r p r o v i s i o n s o f t h i s A c t .

20.3. 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.

20.4. Lokpal shall Issue orders to the Public Authorities to make necessary changes in

their policies and practices to prevent recurrence of victimization.

29.5. Lokpal shall make appropriate rules for the receipt and disposal of complaints

from whistleblowers

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21. Grievances Redressal Systems

21 .l. Citizens' Charters: 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.

21.2. 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.

21.3. Each public authority shall designate an official called Public Grievance

Redressal Officer, whom a complainant should approach for any violation of the

Citizens Charter. Provided that a public authority shall appoint at least one Public

Grievance Redressal Officer in each station, where they have an office.

Provided further that the Public Grievance Redressal Officer shall either be Head

of that Department or an officer not more than one rank below him but if that

station does not have a Head of Department in any station, the senior most

officer in that station shall be appointed as the Public Grievance Redressal

Officer.

21.4. 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 presence of

Chief Vigilance Officer in that Public Authority.

21.5. 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 the receipt of that order and publicize widely. Provided

that such changes shall have to be approved by at least a three member bench of

Lokpal.

Provided further than such chanaes should not increase the existina" time limits or

reduce the number of items in citizen's charter.

22. Receipt and disposal of Grievances:

22.1. The Chief Viailance Officer of anv oublic authoritv shall declare such number of

Vigilance OfGers, as it deems fit,io be known as el ell ate Grievance Officers, to

receive and disoose arievances related to that oublic authoritv.

22.2. If a citizen fails to receive satisfactory ~edressatlo his within a month

of making a complaint to Public Grievance Redressal Officer, can make a

complaint to Appellate Grievance Officer.

Provided that if Appellate Grievance Officer feels that considering the gravity or

urgency of the grievance, it is necessary to do so, he may decide to accept such

grievance earlier also.

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22.3. If the complaint does not relate to an issue mentioned in Citizen's Charter of that

public authority, the Appellate Grievance Officer, within a month of receipt of

complaint, pass an order either rejecting the grievance or directing the public

authority to redress the grievance in the manner and within such time, as is

mentioned in the order.

Provided that no grievance shall be rejected without giving a reasonable

opportunity of being heard to the complainant.

22.4. A complaint to the Appellate Grievance Officer shall be deemed to have a

vigilance angle if any of the following two conditions are satisfied:

(i) for issues mentioned in citizen's charter, if a citizen fails to get

satisfactory Redressal from Public Grievance Redressal Officer.

(ii) for issues other than those mentioned in citizen's charter, if the orders

of Appellate Grievance Officer made under sub-section (22.3) of this section are

violated.

22.5. Each case, as mentioned in sub-section (22.4) of this section, shall be dealt in the

following manner:

(i) After giving a reasonable opportunity of being heard, the Appellate Grievance

Officer shall pass an order fixing responsibility for failure to satisfactorily redress

complainant's grievance in prescribed time and direct the Drawing and Disbursing

Officer of that public authority to deduct from the salary of such officials, as

mentioned in the order, such penalty amounts as are directed by Appellate

Grievance Officer, which shall not be less than Rs 250 per day of delay

calculated from the day the time limit mentioned in citizens' charter or the time

limit specified in the order passed under sub-section (22.3) of this section, for

redressing that grievance got over,

(ii) Direct the Drawing and Disbursing Officer to compensate the complainant with

such amounts as are deducted from the salaries of the said officers.

22.6. The Officers mentioned in the order made under clause (i) of sub-section (22.5)

of this section shall be required to show cause that they acted in good faith and

did not have corrupt motives. If they fail to do so, the Appellate Grievance Officer

shall oroceed to recommend oenalties a-a ainst the said officers under CCS

~ o n d i cRt ules.

22.7. Annual Inte-g rit-y Audit: Lok~als hall conduct annual inteqrity audit of each

department as per guidelines to be made in this behalf by theiokpal from time to

time.

22.8. Imposition of major and minor penalties: Allegations of misconduct shall be

received and enquired by vigilance officers.

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22.9. . Allegations of misconduct and public grievances with deemed vigilance angle

under section 21A shall be dealt in the following manner:

22.9.1. The vigilance officer shall conduct an enquiry into each such case

within three months of its receipt and present its report to the Chief

Vigilance Officer.

22.9.2. Within a fortnight of receipt of report, the Chief Vigilance Officer

shall constitute a three member bench of Deputy Chief Vigilance Officers

other than the one who conducted enquiry at clause (22.9.1) above.

22.9.3. The bench shall hold a summary hearing giving reasonable

opportunity to the vigilance officer who conducted enquiry, the complainant

and the officers accused.

22.9.4. The bench shall hold hearings on day to day basis and pass an

order either imposing one or more of the minor or major penalties on the

accused government servants.

Provided that such orders shall be passed within a month of constitution of the

bench. Provided that such order shall be in the form of a recommendation to the

appropriate appointing authority.

22.10. An appeal shall lie against the order of the bench before the Chief Vigilance

officer, who shall pass an order within a month of receipt of appeal, after giving

reasonable opportunity to the accused, the complainant and the vigilance officer

who conducted enquiries.

23. Chief Vigilance Officer

. .

23.1. There shall be a Chief Vigilance Oificer in each public authority to be selected

and appointed by Lokpal.

23.2. He shall not be from the same public authority.

23.3. He shall be a person of impeccable integrity and ability to take proactive

measures against corruption.

23.4. 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.

23.5. 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.

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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.

23.6. 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 22 of this Act.

23.7. Such number of Vigilance Officers shall be appointed under the Chief Vigilance

Officer as are decided by Lokpal from time to time.

23.8. The Vigilance Officers and the Chief Vigilance Officer shall have powers to

enquire and impose penalties under CCS Conduct Rules in such cases and as

per such rules as laid down by the Lokpal from time to time.

24. Employees and Staff and authorities of Lokpal

24.1. There shall be such officers and employees as may be prescribed to assist the

Lokpal in the discharge of their functions under this Act.

24.2. The number and categories of officers and employees shall be decided by the

Lokpal in consultation with the government.

24.3. The categories, recruitment and conditions of service of the officers and

employees referred in sub-section (24.1) 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.

24.4. Without prejudice to the provisions of sub-section (l), the Lokpal may for the

purpose of conducting investigations under this Act utilize the services of.-

24.4.1. any officer or investigating agency of the Government; or

24.4.2. any officer or investigating agency of the Government with the prior

Concurrence of that Government; or

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24.4.3. any citizen including private citizens or of any other agency.

24.5. The officers and other employees referred to in sub-section (24.1) shall

be under the administrative and disciplinary control of the Lokpal:

24.6. 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.

24.7. The staff and officers shall be entitled to such pay scales and other allowances,

which may be different and more th'an 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.

24.8. Lokpal shall be competent to increase or decrease its staff at various levels,

within its overall budgetary constraints, depending upon its workload and keeping

i n m i n d the terms and c o n d i t i o n s of the s t a f f employed.

25. Repeal and savings

25.1. The Central Vigilance Commission Act shall stand repealed.

25.2. 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.

25.3. 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. . .

25.4. 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.

25.5. 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

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owned or controlled by the Central Government shall stand transferred, along

with its personnel, assets and liabilities to Lokpal for all purposes.

25.6. The personnel working in vigilance wings of the agencies mentioned in subsection

(25.5) 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.

25.7. That Department from where any personnel have been transferred to Lokpal

under sub-section (25.5), shall cease to have any control over the administration

and functions of transferred personnel.

25.8. 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.

25.9. No person shall be employed with Lokpal against whom any vigilance enquiry or

any criminal case is pending at the time of being considered.

26. lnvestigation Wing of Lokpal

26.1. There shall be an investigation wing at Lokpal.

26.2. Notwithstanding anything contained in sectipn 17 of Prevention of Corruption Act,

such officers of lnvestigation 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.

. .

26.3. 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, along with its

employees, assets and liabilities to Lokpal for all purposes.

26.4. That part of Delhi Special Police Establishment, which has been transferred

under sub-section (3), shall form part of lnvestigation Wing of Lokpal

26.5. The Central Government shall cease to have any control over the transferred part

and its personnel

26.6. 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.

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26.7. 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.

26.8. 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.

.9. Prosecution wing: There shall be a prosecution wing of Lokpal. After completion

of its investigations, the investigation wing shall forward the case to prosecution

wing, which shall decide whether to proceed with prosecution or not.

Provided that in certain category .of cases, as prescribed by Lokpal, the

permission to prosecute or deny shall be taken by a bench of Lokpal.

Provided further that the prosecution wing shall decide whether to prosecute or

not within a fortnight of receipt of a case from investigation wing, else prosecution

wing shall be deemed to have decided to initiate prosecution.

27. Complaints against officers or employees of Lokpal

27.1. Complaints against employees or officers of Lokpal shall be dealt with separately

and as per provisions of this section.

27.2. 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

27.3. As soon as such a complaint is received, the same shall be displayed on the

website of Lokpal, along with the contents of the complaint

27.4. Investigations into each such complaint shall be completed within a month of its

receipt.

27.5. 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, 21 7,218,219,463,464,468,469,470,471, 474 of

Indian Penal Code.

27.6. 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

27.7. 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

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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.

27.8. A three member bench shall hear the cases of complaints against its staff and

employees. However, for officers of the level of Chief Vigilance Officer or above,

the hearings shall be done by full bench of Lokpal.

27.9. 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.

28. Protection

28.1. 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.

28.2. 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.

29. Miscellaneous

29.1. Every Public Servant to submit property statements- Every public servant,

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 shall submit their returns in a format

prescribed by the Lokpal to the Lokpal with the aforesaid time lines.

29.2. The Head of each public authority shall ensure that all such statements are put

on the website by 31st August of that year.

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29.3. 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 (I), 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.

29.4. The Lokpal may initiate prosecution against such public servant under Section

176 IPC.

29.5. This section does not apply to Prime Minister and Judges of High Court and

Supreme Court.

29.6. Properties deemed to have been obtained through corrupt means:

29.6.1. 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.

29.6.2. 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.

29.6.3. 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.

29.6.4. 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.

29.6.5. Transfer of those properties for which notices are issued under subsection

(3) of this section, shall be deemed to be null and void after the

date of issue of such notices.

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29.6.6. Lokpal shall intimate such information to the Income Tax

Department for appropriate action.

29.6.7. Appeal against the orders of Lokpal shall lie in High Court of

appropriate jurisdiction, which shall decide the matter within three 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).

29.6.8. 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 lndia. 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.

29.7. Within three months after the conclusion of any elections to the Parliament, the

Lokpal shall compare the property statements filed by the candidates with

Election Commission of lndia with their sources of income available with Income

Tax Department. In such cases where assets are found to be more than known

sources of income, it shall initiate appropriate proceedings.

29.8. For an allegation against a Member of Parliament that he has taken a bribe for

any conduct in Parliament, including voting in Parliament or raising question in

Parliament or any other matter, a complaint could be made to the Speaker of Lok

Sabha or the Chairperson of Rajya Sabha, depending upon the House to which

that member belongs. Such complaints shall be dealt in the following manner:

(a) The complaint shall be forwarded to the Ethics Committee within a month of

its receipt.

(b) The Ethics Committee shall, within a month, decide whether to forward the

same to Lokpal for further action.

30. Power to delegate and assign functions

30.1. Lokpal shall be competent to delegate its powers' and assign functions to the

officials working in Lokpal.

30.2. 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:

30.2.1. Granting permission to initiate prosecution in any case.

30.2.2. Order for dismissal of any government servant under CCS Conduct

Rules.

30.2.3. Passing orders under section 10 on complaints against officials and

staff of Lokpal.

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30.2.4. Pass orders in cases of complaints, other than grievances, against

officers of the level of Joint Secretary and above.

31. Time Limits

31.1. 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. .

31.2. 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.

31.3. Trial in any case filed by Lokpal should be completed within one year.

Adjournments should be granted in rarest circumstances.

31.4. Transparency and application of Right of Information Act:

31.4.1. Lokpal shall make every effort to put every information on its

website.

31.4.2. Once investigation or enquiry is complete in any case, all records

related to that case shall be available for public scrutiny. Lokpal shall

preferably post all such records on its website.

Provided that the information, which is likely to disclose the identity of any person,

who has requested anonymity and such information which is likely to threaten

internal and external security of India shall not be disclosed.

32. Penalty for false and frivolous complaint

32.1. Notwithstanding anything contained in this Ad, 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.

32.2. Such fines shall be recoverable as dues under Land Revenue Act.

32.3. A complaint or allegation once made under this Act shall not be allowed to be

withdrawn.

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32.4. Preventive measures: 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.

32.5. Lokpal shall also be responsible for creating awareness about this Act and

involving general public in curbing corruption and maladministration.

32.6. Reward Scheme:

32.6.1. Lokpal shall encourage complainants from within and outside the

government to report and fight against corruption by publicly recognizing

such persons.

32.6.2. 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.

33. Power to make Rules

33.1. The Government may, by notification in the Official Gazette, make rules for the

purpose of carrying into effect the provisions of this Act.

33.2. Provided that such rules shall be made only in consultation and with the approval

of Lokpal. In particular, and without prejudice to the generality of the foregoing

provisions, such rules may provide for.-

33.2.1. the allowance and pensions payable to and other conditions of

service of the Chairperson and members of Lokpal;

33.2.2. the powers of a Civil Court which may be exercised by the Lokpal

under clause (h) of sub-section (2) of. section 11;

33.2.3. the salary, allowances, recruitment and other conditions of service

of the staff and employees of the Lokpal;

33.2.4. any other matter for.which rules have to be made are necessary

under this Act.

33.3. 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.

33.4. Lokpalshall strictly adhere to the time limits mentioned at various places in this

Act. In order to achieve that, Lokpal shall lay down work norms for each level of

functionaries and make an assessment of the additional number of functionaries

and budget required in accordance with workload.

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33.5. It shall be the duty of the Lokpal to train its staff at regular intervals and take all

other steps to improve their skills and bring about an attitudinal change in dealing

with the public.

34. Removal of difficulties:

34.1. Notwithstanding anything contained in this Act, the President, or his own or in

consultation with Lokpal or on request of Lokpal may, by order, make such

provision -

34.1 . I . for bringing the provisions of this Act into effective operation;

34.1.2. Ensure compliance of the Act by the members of Lokpal including

the Chairperson and direct the Government to provide the infrastructure in

the manner and method that is required for the smooth functioning of

Lokpal aimed at Public Good.

34.1.3. for continuing the enquiries and investigations pending before the

Central Vigilance Commission by the Lokpal.

35. Power to make regulations

35.1. 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.

36. Other Laws

This Act shall override the provisions of all other laws that contradict this law.

The meaning of the words not defined shall be as per standard usage and/or dictionary,

meaning of the word.

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