19-04-2012, 12:33 PM
Jan Lokpal Bill
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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.
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.
Appointment of the Chairperson and members:
1. The Chairperson and members shall be appointed by the President on the recommendation of a
selection committee.
2. Following persons shall not be eligible to become Chairman or Member in Lokpal:
(a) Any person who was ever chargesheeted for any offence under IPC or PC Act or was ever
penalized under CCS Conduct Rules.
(b) Any person who is less than 40 years in age.
3. At least four members of Lokpal shall have legal background.
Miscellaneous
Public Servants to submit property statements-
(1) Every public servant, other than those mentioned in Section 2(11)(a) to ©, shall within three months
after the commencement of this Act and thereafter before the 30th June of every year submit to the
head of that public authority, in the form prescribed by Lokpal, a statement of his assets and liabilities
and those of the members of his family. Public servants mentioned in sections 2(11)(a) to © shall
submit their returns in a format prescribed by the Lokpal to the Lokpal with the aforesaid time lines.
(2) The Head of each public authority shall ensure that all such statements are put on the website by 31st
August of that year.
(3) If no such statement is received by the Head of that public authority from any such public servant
within the time specified in sub-section (1), the Head of that public authority shall direct the concerned
public servant to do so immediately. If within next one month, the public servant concerned does not
submit such statement, the Head shall stop the salary and allowances of that public servant till he
submits such statement.
Explanation- In this section “family of a public servant” means the spouse and such children and
parents of the public servant as are dependent on him.
(4) The Lokpal may initiate prosecution against such public servant under Section 176 IPC.
(5) If any public servant furnishes any statement, which is subsequently found to be incorrect, then
Lokpal, in addition to taking action against the said public servant under other sections of this Act, may
also impose a penalty upto a maximum of 50% of the value of the additional property subsequently
detected. Lokpal shall also intimate such information to the Income Tax Department for appropriate
action.
Power to delegate and assign functions: (1) Lokpal shall be competent to delegate its powers and
assign functions to the officials working in Lokpal.
(2) All functions carried out and powers exercised by such officials shall be deemed to have been so
done by the Lokpal.
Provided that the following functions shall be performed by the benches and cannot be delegated:
(i) Granting permission to initiate prosecution in any case.
(ii) Order for dismissal of any government servant under CCS Conduct Rules.
(iii) Passing orders under section 10 on complaints against officials and staff of Lokpal.
(iv) Pass orders in cases of complaints, other than grievances, against officers of the level of Joint
Secretary and above.
Time limits: (1) Preliminary enquiry under sub-section (1) of section 9 of this Act should be
completed within a month of receipt of complaint.
Provided that the enquiry officer shall be liable for an explanation if the enquiry is not completed within
this time limit.
(2) Investigation into any allegation shall be completed within six months, and in any case, not more
than one year, from the date of receipt of complaint.
(3) Trial in any case filed by Lokpal should be completed within one year. Adjournments should be
granted in rarest circumstances.
31. Penalty for false complaint- (1) Notwithstanding anything contained in this Act, if someone makes
any false or frivolous complaint under this Act, Lokpal may impose such fines on that complainant as it
deems fit.
Provided that no fine can be imposed without giving a reasonable opportunity of being heard.
(2) Such fines shall be recoverable as dues under Land Revenue Act.
(3) A complaint or allegation once made under this Act shall not be allowed to be withdrawn.