07-05-2012, 03:06 PM
Jan Lokpal Bill version
Jan lokpal bill by Expert (Eng).pdf (Size: 180.87 KB / Downloads: 19)
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;
© 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
© 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.