06 April 2011

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Know the complete draft of Jan Lokpal Bill – A law suggested by Anna Hazare and supported by billion Indian Hearts

Know the complete draft of Jan Lokpal Bill –
A law suggested by Anna Hazare and supported by billion Indian Hearts

Updated Sunday, April 24, 2011 – 12.00 PM IST

Jan Lokpal Bill Version 2.2 Jan Lokpal Bill Updated Understand and know about Jan Lokpal Bill Version 2.2 Be Part of Law making

Updated on Saturday, April 16, 2011

Complete draft of Jan Lokpal Bill Version 2.1
Prepared by Civil society members and given to the Government Ministers in first meeting of Lokpal Bill

Jan Lokpal Bill version 1.9

An act to create effective anti-corruption and grievance redressal systems at centre so that effective deterrent is created against corruption and to provide effective protection to whistleblowers.

Short title and commencement:-
(1) This Act may be called the Anti-Corruption, Grievance Redressal And Whistleblower Protection Act, 2010.

(2) It shall come into force on the one hundred and twentieth day of its enactment.

2. Definitions:- In this Act, unless the context otherwise requires,-

(1) “Action” means any action taken by a public servant in the discharge of his functions as such public servant and includes decision, recommendation or finding or in any other manner and includes willful failure or omission to act and all other expressions relating to such action shall be construed accordingly;

(2) “Allegation” in relation to a public servant includes any affirmation that such public servant-
(a) has indulged in misconduct, if he is a government servant;
(b) has indulged in corruption

(3) “complaint” includes any grievance or allegation or a request by whistleblower for protection and appropriate action.

(4) “corruption” includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1988;
Provided that if any person obtains any benefit from the government by violating any laws or rules, that person along with the public servants who directly or indirectly helped that person obtain those benefits, shall be deemed to have indulged in corruption.

(5) “Government” or “Central Government” means Government of India.

(6) “Government Servant” means any person who is or was any time appointed to a civil service or post in connection with the affairs of the Central Government or High Courts or Supreme Court either on deputation or permanent or temporary or on contractual employment but would not include the judges.

(7) “grievance” means a claim by a person that he sustained injustice or undue hardship in consequence of mal-administration;

(8) “Lokpal” means
a. Benches constituted under this Act and performing their functions as laid down under various provisions of this Act; or
b. Any officer or employee, exercising its powers and carrying out its functions and responsibilities, in the manner and to the extent, assigned to it under this Act, or under various rules, regulations or orders made under various provisions of this Act.
c. For all other purposes, the Chairperson and members acting collectively as a body;

(9) “Mal-administration” means action taken or purporting to have been taken in the exercise of administrative function in any case where,-
a. such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or
b. there has been willful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;

(10) “Misconduct” means misconduct as defined in CCS Conduct Rules and which has vigilance angle.

(11) "public authority" means any authority or body or institution of self- government established or constituted—
a. by or under the Constitution;
b. by any other law made by Parliament;
c. by notification issued or order made by the Government, and includes any body owned, controlled or substantially financed by the Government;

(12) “Public servant” means a person who is or was at any time,-
(a) the Prime Minister;
(b) a Minister;
(c) a Member of Parliament;
(d) Judges of High Courts and Supreme Court;
(e) a Government servant;
(f) the Chairman or Vice-Chairman (by whatever name called) or a member of a local authority in the control of the Central Government or a statutory body or corporation established by or under any law of the Parliament of India, including a co-operative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 and members of any Committee or Board, statutory or non-statutory, constituted by the Government;
(g) Such other authorities as the Central Government may, by notification, from time to time, specify;

(13) “Vigilance angle” includes –
(a) All acts of corruption
(b) Gross or willful negligence; recklessness in decision making; blatant violations of systems and procedures; exercise of discretion in excess, where no ostensible/public interest is evident; failure to keep the controlling authority/superiors informed in time
(c) Failure/delay in taking action, if under law the government servant ought to do so, against subordinates on complaints of corruption or dereliction of duties or abuse of office by the subordinates
(d) Indulging in discrimination through one’s conduct, directly or indirectly.
(e) Victimizing Whistle Blowers
(f) Any undue/unjustified delay in the disposal of a case, perceived after considering all relevant factors, would reinforce a conclusion as to the presence of vigilance angle in a case.
(g) Make unfair investigation or enquiry to either unduly help culprits or fabricate the innocent.
(h) Any other matter as notified from time to time by Lokpal

(14) “Whistleblower” is any person who faces threat of (1) professional harm, including but not limited to illegitimate transfers, denial of promotions, denial of appropriate perks, departmental proceedings, discrimination or (2) physical harm or (3) is actually subjected to such harm; because of either making a complaint to Lokpal under this Act or for filing an application under Right to Information Act.

3. Establishment of the institution of Lokpal and appointment of Lokpal:

(1) There shall be an institution known as Lokpal which shall consist of one Chairperson and ten members along with its officers and employees. The Lokpal shall be headed by its Chairperson.

(2) The Chairperson and members of Lokpal shall be selected in such manner as laid down in this Act.

(3) A person appointed as Chairperson or member of Lokpal shall, before entering upon his office, make and subscribe before the President, an oath or affirmation in the form as prescribed.

(4) The Government shall appoint the Chairperson and members of the first Lokpal and set up the institution with all its logistics and assets within six months of enactment of this Act.

(5) The Government shall fill up a vacancy of the Chairperson or a member caused due to
a) Retirement, 3 months before the member or the Chairperson retires.
b) Any other unforeseen reason, within a month of such vacancy.

Chairperson and Members of Lokpal

4. The Chairperson and members of Lokpal not to have held certain offices- The Chairperson and members of Lokpal shall not be serving or former member of either the Parliament or the Legislature of any State and shall not hold any office or trust of profit (other than the office as Chairperson or member) or would have ever been connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Chairperson or member of Lokpal shall-

(i) if he holds any office of trust or profit, resign from such office; or

(ii) if he is carrying on any business, sever his connection with the conduct and management of such business; or

(iii) if he is practicing any profession, suspend practice of such profession.

(iv) If he is associated directly or indirectly with any other activity, which is likely cause conflict of interest in the performance of his duties in Lokpal, he should suspend his association with that activity.

Provided that if even after the suspension, the earlier association of that person with such activity is likely to adversely affect his performance at Lokpal, that person shall not be appointed as a member or Chairperson of Lokpal.

5. Term of office and other conditions of service of Lokpal– (1) A person appointed as the Chairperson or member of Lokpal shall hold office for a term of five years from the date on which he enters upon his office;

Provided further that.-
(a) the Chairperson or member of Lokpal may, by writing under his hand addressed to the President, resign his office;

(b) the Chairperson or member may be removed from office in the manner provided in this Act.

(2) There shall be paid to the Chairperson and each member every month a salary equal to that of the Chief Justice of India and that of the judge of the Supreme Court respectively;

(3) The allowances and pension payable to and other conditions of service of the Chairperson or a member shall be such as may be prescribed;

Provided that the allowances and pension payable to and other conditions of service of the Chairperson or members shall not be varied to his disadvantage after his appointment.

(4) The administrative expenses of the office of the Lokpal including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of India.

(5) There shall be a separate fund by the name of “Lokpal fund” in which penalties/fines imposed by the Lokpal shall be deposited and in which 10% of the loss of Public Money detected/prevented on account of investigations by Lokpal shall also be deposited by the Government. Disposal of such fund shall be completely at the discretion of the Lokpal and such fund shall be used only for enhancement/upgradation/extension of the infrastructure of Lokpal.

(6) The Chairperson or members shall not be eligible for appointment on any position in Government of India or Government of any state or for fighting elections, if he has ever held the position of the Chairperson or a member for any period.

Provided however that a member or Chairperson may be reappointed for one more term or a member may be appointed as the Chairperson, however, that any person shall not serve for more than a total of two terms.

6. Appointment of the Chairperson and members:

1. The Chairperson and members shall be appointed by the President on the recommendation of a selection committee.

2. Following persons shall not be eligible to become Chairman or Member in Lokpal:
(a) Any person who was ever chargesheeted for any offence under IPC or PC Act or was ever penalized under CCS Conduct Rules.
(b) Any person who is less than 40 years in age.

3. At least four members of Lokpal shall have legal background.

4. The members and Chairperson should have unimpeachable integrity and should have demonstrated their resolve and efforts to fight against corruption in the past.

5. A selection committee consisting of the following shall be set up:
a. The Chairpersons of both Houses of Parliament
b. Two senior most judges of Supreme Court
c. Two senior most Chief Justices of High Courts.
d. All Nobel Laureates of Indian Origin
e. Chairperson of National Human Rights Commission
f. Last two Magsaysay Award winners of Indian origin
g. Comptroller and Auditor General of India
h. Chief Election Commissioner
i. Bharat Ratna Award winners
j. After the first set of selection process, the outgoing members and Chairperson of Lokpal.

6. The seniormost judge of Supreme Court shall act as the Chairperson of the selection committee.

7. The following selection process shall be followed:
a. Recommendations shall be invited through open advertisements in prescribed format.
b. Each person recommending shall be expected to justify the selection of his candidate giving examples from the past achievements of the candidate.
c. The list of candidates along with their recommendations received in the format mentioned above shall be displayed on a website.
d. Each member of the selection committee, on the basis of the above material, shall recommend such number of names as there are vacancies.
e. A priority list shall be prepared with the candidate receiving recommendations from maximum number of members of selection committee at the top. The candidates recommended by same number of members shall be treated at par.
f. This priority list shall be displayed on the website.
g. Around three times the names as there are vacancies, shall be shortlisted from the top.
h. Public feedback shall be invited on the shortlisted names by putting these names on the website.
i. The selection committee may decide to use any means to collect more information about the background and past achievements of the shortlisted candidates.
j. Selection committee shall invite shortlisted candidates for discussions, video recordings of which shall be made public.
k. All the material obtained so far about the candidates shall be made available to each member of the selection committee in advance. The members shall make their own assessment of each candidate.
l. The selection committee shall meet and discuss the material so received about each candidate. The final selections for the Chairperson and members shall be made preferably through consensus.
Provided that if three or more members, for reasons to be recorded in writing, object to the selection of any member, he shall not be selected.
m. All meetings of selection committee shall be video recorded and shall be made public.

8. The Prime Minister shall recommend the names finalized by the selection committee to the President immediately, who shall order such appointments within a month of receipt of the same.

9. If any of the members of the selection committee retires while a selection process is going on, that member will continue on the selection committee till the end of that process.

7. Removal of Chairperson or members-
(1) The Chairperson or any member shall not be removed from his office except by an order of the President.

(2) They can be removed on one or more of the following grounds:
a. Proved misbehavior
b. Professional or physical incapacity
c. If he is adjudged to be insolvent
d. Has been charged of an offence which involves moral turpitude
e. If he engages during his term of office in any paid employment outside the duties of his office
f. Has acquired such financial interests or other interests which are likely to affect prejudicially his functions as member or Chairperson.
g. If he is guided by considerations extraneous to the merits of the case either to favor someone or to implicate someone through any act of omission or commission.
h. If any member or Chairperson tries to or actually unduly influences any government functionary.
i. If he commits any act of omission or commission which is punishable under Prevention of Corruption Act or is a misconduct.
j. If a member or the Chairperson in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior.

(3) The following process shall be followed for the removal of any member or Chairperson:
(a) Any person may move an application/petition before the Supreme Court seeking removal of one or more of the members of Chairperson of Lokpal alleging one or more of the grounds for removal and providing evidence for the same.
(b) Supreme Court will hear the matter by a bench of three or more Judges on receipt of such petition and may take one or more of the following steps:
(i) order an investigation to be done by a Special Investigation Team appointed by the Supreme Court if a prima facie case is made out and if the matter cannot be judged based on affidavits of the parties. The Special Investigation Team shall submit its report within three months.
(ii) Pending investigations under sub-clause (i) by Special Investigation Team, the Supreme Court may decide to order withdrawal of part or complete work from that member.
(iii) dismiss the petition if no case is made out
(iv) if the grounds are proved, recommend to the President for removal of the said member or Chairperson
(v) direct registration and investigation of cases with appropriate agencies if there is prima facie case of commission of an offence punishable under Prevention of Corruption Act.
(c) The three judge bench shall be constituted by a panel of five seniormost judges of the Supreme Court.
Provided that if there are any proceedings going on against any judge in Lokpal, he shall not be a part of either the panel or the bench.
(d) The Supreme Court shall not dismiss such petitions in liminae.
(e) If the Supreme Court concludes that the petition has been made with mischievous or malafide motives, the Court may order imposition of fine or imprisonment upto one year against the complainant.
(f) On receipt of a recommendation from the Supreme Court under this section, the Prime Minister shall recommend it to the President immediately and the President shall order removal of said members within a month of receipt of the same.

Powers and Functions of Lokpal

8. Functions of Lokpal: (1) Lokpal shall be responsible for receiving:
(a) Complaints where there are allegations of such acts of omission or commission which are punishable under Prevention of Corruption Act
(b) Complaints where there are allegations of misconduct by a government servant
(c) Grievances
(d) Complaints from whistleblowers

(2) Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of the following actions:
a. Close the case if prima facie, the complaint is not made out or
b. Initiate prosecution against public servants as well as those private entities which are party to the act
c. Order imposition of appropriate penalties under CCS Conduct Rules
Provided that if an officer is finally convicted under Prevention of Corruption Act, major penalty of dismissal shall be imposed on such government servant.
d. Order cancellation or modification of a license or lease or permission or contract or agreement, which was the subject matter of investigation.
e. Blacklist the concerned firm or company or contractor or any other entity involved in that act of corruption.
f. Issue appropriate directions to appropriate authorities for redressal of grievance in such time and in such manner as is specified in the order.
g. Invoke its powers under this Act if its orders are not duly complied with and ensure due compliance of its orders.
h. Take necessary action to provide protection to a whistleblower as per various provisions of this Act.

(3) Suo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses (1), (2), (3) or (4), comes to the knowledge of the Lokpal from any source.

(4) Issue such directions, as are necessary, from time to time, to appropriate authorities so as to make such changes in their work practices, administration or other systems so as to reduce the scope and possibility for corruption, misconduct and public grievances.

(5) Lokpal shall be deemed to be “Disciplinary authority” or “appointing authority” for the purpose of imposing penalties under CCS Conduct Rules.

(6) Section 19 of Prevention of Corruption Act shall be deleted.

(7) Section 197 of CrPC shall not apply to any proceedings under this Act. All permissions, which need to be sought for initiating investigations or for initiating prosecutions under any Act shall be deemed to have been granted once Lokpal grants such permissions.

9. Issue of Search Warrant, etc.- (1) Where, in consequence of information in his possession, the Lokpal
(a) has reason to believe that any person. –
(i) to whom a summon or notice under this Act, has, been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful for or relevant to any inquiry or other proceeding to be conducted by him;
(ii) is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rule in force which requires such disclosure to be made; or
(b) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection,
he may by a search warrant authorize any Police officer not below the rank of an Inspector of Police to conduct a search or carry out an inspection in accordance therewith and in particular to, -
(i) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or thing is kept;
(ii) search any person who is reasonably suspected of concealing about his person any article for which search should be made;
(iii) break open the lock of any door, box, locker safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available.
Seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search;
(iv) place marks of identification on any property or document or make or cause to be made; extracts or copies therefrom; or
(v) make a note or an inventory of any such property, document, money, bullion, Jewellery or other valuable article or thing.
(2) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, so far as may be, to searches and seizures under sub-section (1).
(3) A warrant issued under sub-section (1) shall for all purposes, be deemed to be a warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.

10. Evidence - (1) Subject to the provisions of this section, for the purpose of any investigation (including the preliminary inquiry, if any, before such investigation) under this Act, the Lokpal may require any public servant or any other person who, in his opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such document.
(2) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 , in respect of the following matters, namely:-
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any court or office ;
(e) Issuing commissions for the examination of witnesses or documents ;
(f) ordering payment of compensatory cost in respect of a false or vexatious claim or defence;
(g) ordering cost for causing delay;
(h) Such other matters as may be prescribed.
(3) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding with in the meaning of section 193 of the Indian Penal Code.

11. Reports of Lokpal, etc. (1) The Chairperson of Lokpal shall present annually a consolidated report in prescribed format on its performance to the President.
(2) On receipt of the annual report, the President shall cause a copy thereof together with an explanatory memorandum to be laid before each House of the Parliament.
(3) The Lokpal shall publish every month on its website the list of cases disposed with brief details of each such case, outcome and action taken or proposed to be taken in that case. It shall also publish lists of all cases received by the Lokpal during the previous month, cases disposed and cases which are pending.

12. Lokpal to be a deemed police officer: (1) For the purposes of section 36 of Criminal Procedure Code, the Chairperson, members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers.
(2) While investigating any offence under Prevention of Corruption Act 1988, they shall be competent to investigate any offence under any other law in the same case.

13. Powers in case of non-compliance of orders: (1) Each order of Lokpal shall clearly specify the names of the officials who are required to execute that order, the manner in which it should be executed and the time period within which that order should be complied with.
(2) If the order is not complied with within the time or in the manner directed, Lokpal may decide to impose a fine on the officials responsible for the non-compliance of its orders.
(3) The Drawing and Disbursing Officer of that Department shall be directed to deduct such amount of fine as is clearly specified by the Lokpal in its order made in sub-section (2) from the salaries of the officers specified in the order.
Provided that no penalty shall be imposed without giving a reasonable opportunity of being heard.
Provided that if the Drawing and Disbursing Officer fails to deduct the salary as specified in the said order, he shall make himself liable for a similar penalty.
(4) In order to get its orders complied with, the Lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokpal.

13A. Special Judges under section 4 of Prevention of Corruption Act: On an annual basis, Lokpal shall make an assessment of the number of Special Judges required under section 4 of Prevention of Corruption Act 1988 in each area and the Government shall appoint such number of Judges within three months of receipt of such recommendation.
Provided that Lokpal shall recommend such number of Special Judges so that trial in each case under this Act is completed within a year.

13B. Issue of Letter Rogatory: A bench of Lokpal shall have powers to issue Letters Rogatory in any case pending with Lokpal.

Functioning of Lokpal

14. Functioning of Lokpal: (1) The Chairperson shall be responsible for overall administration and supervision of the institution of Lokpal.
(2) All policy level decisions including formulation of regulations, developing internal systems for the functioning of Lokpal, assigning functions to various officials in Lokpal, delegation of powers to various functionaries in Lokpal etc shall be taken by the Chairperson and the members collectively as a body.
(3) The Chairperson shall have an annual meeting with the Prime Minister to assess the needs of Lokpal for finances and manpower. Lokpal shall be provided resources by the Government on the basis of outcome of this meeting.
(4) Lokpal shall function in benches of three or more members. Benches shall be constituted randomly and cases shall be assigned to them randomly by computer. Each bench shall consist of at least one member with legal background.
(5) Such benches shall be responsible for
(i) granting permission to close any case after a preliminary enquiry
(ii) granting permission to either close a case after investigations or issuing orders imposing penalties under CCS Conduct Rules and/or for initiating prosecution in that case.
(iii) Issuing orders under section 28 and section 13B.
(6) Lokpal may decide to initiate investigations into any case suo moto also.
(7) The decision to initiate investigation or prosecution against any member of the Cabinet or any judge of High Court or Supreme Court shall be taken in a meeting of all the existing members and the Chairperson. Minutes and records of such meetings shall be made public.

15. Making a complaint to the Lokpal: (1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lokpal.
Provided that in case of a grievance, if the person aggrieved is dead or for any reason, unable to act for himself, the complaint may be made or if it is already made may be continued by his legal representatives or by any other person who is authorized by him in writing in this behalf.
(2) A complaint could be on a plain paper but should contain all such details as prescribed by Lokpal.
(2A) After its annual report has been presented in the Parliament, the Comptroller and Auditor General of India shall forward all such cases, which constitute an allegation under this Act, to the Lokpal and Lokpal shall act on them as per provisions of this Act.
(3) On receipt of a complaint, the Lokpal shall decide whether it is an allegation or a grievance or a request for whistleblower protection or a mixture of two or more of these.
(4) Every complaint shall have to be compulsorily disposed off by the Lokpal.
Provided that no complaint, other than those which are anonymous or pseudonymous, shall be closed without hearing the complainant.

16. Matters which may be investigated by the Lokpal– Subject to the provisions of this Act, the Lokpal may investigate any action which is taken by or with the general or specific approval of a public servant where a complaint involving a grievance or an allegation is made in respect of such action.
Provided that the Lokpal may also investigate such action suo moto or if it is referred to it by the government, if such action can be or could have been in his recorded opinion, subject of a grievance or an allegation.

17. Matters not subject to investigation:- (1) The Lokpal shall not conduct any investigation under this Act in case of a grievance in respect of any action-
(i) if the complainant has or had, any remedy by way of appeal, revision, review or any other remedy before any other authority provided in any other law and he has not availed of the same.
(ii) Taken by a judicial or quasi-judicial body, unless the complainant alleges malafides
(iii) If the substance of the entire grievance is pending before any court or quasi-judicial body of competent jurisdiction.
(iv) any grievance where there is inordinate and inexplicable delay.

(2) Nothing in this Act shall be construed as authorising the Lokpal to investigate any action which is taken by or with the approval of the Presiding Officer of either House of Parliament.
(3) The provisions of this Act shall be in addition to the provisions of any other enactment or any rule or law under which any remedy by way of appeal, revision, review or in any other manner is available to a person making a complaint under this Act in respect of any action and nothing in this Act shall limit or affect the right of such person to avail of such remedy.
(4) Nothing in this section shall bar Lokpal from entertaining a complaint making an allegation of misconduct or corruption or a complaint from a whistleblower seeking protection.

18. Provisions relating to complaints and investigations-
(i) (a) The Lokpal, on receipt of a complaint in the nature of an allegation or a grievance or a combination of the two, or in a case initiated on his own motion, may on perusing the documents, either decide to proceed to enquire or investigate into that complaint or decide, to make such preliminary inquiry before proceeding to enquire or investigate into such complaint or direct any other person to make such preliminary inquiry as it deems fit for ascertaining whether there exists reasonable ground for conducting the investigation. The outcome of such preliminary enquiry, and if the complaint is being closed along with reasons for the same and all material collected during preliminary enquiry, shall be communicated to the complainant.
Provided that if any case is closed, all documents related thereto shall thereafter be treated as public. Every month, a list of all such cases shall be put on the website with reasons for closing a case. All material connected with such closed cases will be provided to anyone seeking it under Right to Information Act.
Provided further that if the complaint contains verifiable and specific information about misconduct or corruption, then that case shall not be rejected even if the complaint is anonymous.
Provided further that no complaint of allegation shall be rejected by questioning the motives or intention of the complainant.
Provided further that all hearings before Lokpal shall be video recorded and shall be available to any member of the public on payment of copying costs.
(b) The procedure for preliminary enquiry of a complaint shall be such as the Lokpal deems appropriate in the circumstances of the case and in particular, the Lokpal may, if it deems necessary to do so, call for the comments of the public servant concerned.
Provided that the preliminary enquiry should be completed and a decision taken whether to close a case or to proceed with investigations within one month of receipt of any complaint.
(ii) Where the Lokpal proposes, either directly or after making preliminary inquiry, to conduct any investigation under this Act, he.-
(a) may make such order as to the safe custody of documents relevant to the investigation, as it deems fit.
(b) at appropriate stage of investigations or in the end, it shall forward a copy of the complaint, its findings and copy of the material relied upon to the concerned public servant and the complainant,
(c) shall afford to such public servant and the complainant an opportunity to offer comments and be heard.
Provided that such hearing shall be held in public, except in such rare circumstances, to be recorded in writing, will it be held in camera.
(iii) The conduct of an investigation under this Act against a Public servant in respect of any action shall not affect such action, or any power or duty of any other public servant to take further action with respect to any matter subject to the investigation.
(iv) If, during the course of preliminary inquiry or investigation under this Act, the Lokpal is prima facie satisfied that the allegation or grievance in respect of any action is likely to be sustained either wholly or partly, he may, through an interim order, direct the public servant concerned to stay the implementation or enforcement of the decision or action complained against, or to take such mandatory or preventive action, on such terms and conditions, as he may specify in his order to prevent further harm from taking place.
(v) The Lokpal, either during the course of investigations, if it is satisfied that prosecution is likely to be initiated in that case, or at the end of the investigations at the time of initiating prosecution, shall make a list of moveable and immoveable assets of all the accused in that case and shall notify the same. No transfer of the same shall be permitted after such notification. In the event of final conviction, the court shall be empowered to recover loss determined under section 19 of this Act from this property, in addition to other measures.
(vi) If during the course of investigation or enquiry into a complaint, Lokpal feels that continuance of a public servant in that position could adversely affect the course of investigations or enquiry or that the said person is likely to impact evidence or witnesses, the Lokpal may issue appropriate orders including transfer of that public servant from that position or his suspension.
Provided that such orders shall not be passed against the Prime Minister.
(vii) In case of a grievance, the Lokpal may issue interim orders to the appropriate authority recommending grant of interim relief to the complainant if he is satisfied at any stage of preliminary inquiry on investigation that the complainant has sustained injustice or undue hardship in consequence of any decision or action of a public servant.
(viii) The Lokpal may, at any stage of inquiry or investigation under this Act, direct through an interim order, appropriate authorities to take such action as is necessary, including suspension of a government servant, pending inquiry or investigation.-
(i) to safeguard wastage or damage of public property or public revenue by the administrative acts of the public servant;
(ii) to prevent further acts of misconduct by the public servant;
(iii) to prevent the public servant from secreting the assets allegedly acquired by him by corrupt means;
(ix) Where after investigation into a complaint, the Lokpal is satisfied that the complaint involving an allegation against the public servant, other than the Ministers, Members of Parliament and judges, is substantiated and that the public servant concerned should not continue to hold the post held by him, the Lokpal shall pass orders to that effect. In case of public servant being a Minister or a Member of Parliament, Lokpal shall make such recommendation to the President, who shall decide either to accept such recommendation or reject it within a month of its receipt.
Provided that the provisions of this section shall not apply to the Prime Minister.
(x) If, after enquiry into a grievance and after affording reasonable opportunity of being heard to both the complainant and the public authority, the Lokpal is satisfied that such grievance is substantiated either wholly or partly, he shall,
i. Pass appropriate orders directing appropriate authorities to redress the grievance in a manner and within the time prescribed in the order, and
ii. Direct the appropriate authorities to deduct from the salary of the officials mentioned in the order, such penalty amounts as are directed by Lokpal , which shall not be less than Rs 250 per day of delay calculated from day the time limit mentioned in citizens’ charter for redressing that grievance got over, and
iii. Direct the appropriate authorities to compensate the complainant with such amounts as mentioned in the order.
Provided that any grievance shall be disposed within 15 days of its receipt.
Provided further that if it relates to life and liberty of a person or if the matter is such as to warrant immediate attention and the Lokpal is so satisfied, the same shall be disposed within 48 hours.
(xi) All records and information of Lokpal shall be public and shall be provided under Right to Information Act, even at the stage of investigation or enquiry, unless release of such information would adversely affect the process of enquiry or investigation.
Provided that no information in any case shall be withheld under Right to Information Act after the completion of enquiry or investigation.

Recovery of Loss to the Government and punishments

19. Recovery of loss to the Government: If a person is convicted of an offence under Prevention of Corruption Act, then the trial court will also quantify the loss caused to the government and apportion that amount to various convicts from whom this money must be recovered as arrears of land revenue.

19A. Punishments for offences: For offences mentioned in Chapter III of Prevention of Corruption Act, proviso to section 2(4) of this Act and section 28A of this Act, punishment shall not be less than seven years which may extend upto life imprisonment.
Provided that if the accused is any officer of the rank of Joint Secretary in the state or above or a Minister, the punishment shall not be less than ten years.
Provided further that if the offence is of the nature mentioned in proviso to section 2(4) of this Act and if the beneficiary is any corporate house, in addition to other punishments mentioned in this Act and under Prevention of Corruption Act, a fine amounting to five times the loss caused to the government shall be recovered from the accused and the recovery may be done from the assets of the company and from the personal assets of all Directors of the company, if the assets of the accused are inadequate.
Provided further that if the accused is either a member of Lokpal or Chairperson of Lokpal or any person who is in direct or indirect employment of Lokpal, the punishment shall not be less than ten years.

Whistleblower protection

20. Protection of Whistleblower: (1) A whistleblower may write to Lokpal seeking protection from threat of physical or professional victimization or if he has been subjected to such professional or physical victimization.
(2) On receiving such a complaint, Lokpal shall take following steps:
(a) Threat of professional victimization: Lokpal shall conduct appropriate enquiries and if it feels that there is a real threat to the person and the threat is on account of that person having made an allegation under this Act, then the Lokpal shall pass appropriate orders, as soon as possible but in not more than a month of receipt of such complaint, directing appropriate authorities to take such steps as directed by the Lokpal.
(b) If a person complains that he has already been victimized professionally on account of making an allegation under this Act, Lokpal shall, after conducting enquiries, if he is of the opinion that the victimization is indeed because of that person’s having made an allegation under this Act, pass appropriate orders, as soon as possible but in not more than a month, directing appropriate authorities to take such steps as directed by the Lokpal.
Provided that for clause (a) Lokpal may, but for clause (b) the Lokpal shall, also issue orders imposing penalties under CCS Conduct Rules against the officer or officials who issued threats or caused victimization.
Provided further that no such penalties shall be imposed without giving an opportunity of being heard to the affected officials.
(c) Threat of physical victimization: Lokpal shall conduct appropriate enquiries and if it feels that there is a real threat to the person and the threat is on account of that person having made an allegation under this Act or for having filed an RTI application to any public authority covered under this Act, then notwithstanding anything contained in any other law, the Lokpal shall pass appropriate orders, as soon as possible but in not more than a week, directing appropriate authorities, including police, to take such steps as directed by the Lokpal to provide adequate security to that person, to register criminal cases against those who are issuing threats and also to take all such steps necessary to mitigate circumstances leading to such threat.
Provided that if the threat is imminent, Lokpal may decide to act immediately, within a few hours to prevent physical assault on that person.
(d) If a person complains that he has already been physically assaulted on account of making an allegation under this Act and if Lokpal is satisfied after conducting enquiries that the person has been assaulted because of his having made an allegation under this Act or for filing an RTI application in any of the public authorities covered under this Act, then notwithstanding anything else contained in any other law, the Lokpal shall pass such orders, as soon as possible but in not more than 24 hours, directing the concerned authorities to take such steps as directed by the Lokpal to provide adequate security to that person, to register criminal cases and also to ensure that no further harm visits on that person.
(e) If the whistleblower has alleged an act punishable under Prevention of Corruption Act, then for cases under clause (c), Lokpal may and for cases under clause (d), the Lokpal shall, assign the allegations made by that person to a special team, put it on a fast track and complete investigations in that case in not more than a month.
(f) If the whistleblower has alleged an act punishable under any law other than the Prevention of Corruption Act, then for cases under clause (c), Lokpal may and for cases under clause (d), the Lokpal shall, direct the agency which has the powers to enforce that law to assign the allegations made by the whistleblower to a special team, put it on a fast track and complete investigations in that case in such time as directed by the Lokpal.
(g) Lokpal shall have the powers to issue directions to appropriate agencies in the cases covered under clause (f), monitor such investigations and if necessary, issue directions to that agency to do the investigations in the manner as directed by the Lokpal.
(3) If any complainant requests that his identity should be kept secret, Lokpal shall ensure the same. Lokpal shall prescribe detailed procedures on how such complainants shall be dealt with.
(4) Lokpal shall Issue orders to the Public Authorities to make necessary changes in their policies and practices to prevent recurrence of victimization.

Grievance Redressal Systems

21. Citizens’ Charters: (1) Each public authority shall be responsible for ensuring the preparation and implementation of Citizens Charter, within a reasonable time, and not exceeding one year from the coming into force of this Act.
(2) Every Citizens Charter shall enumerate the commitments of the respective public authority to the citizens, officer responsible for meeting each such commitment and the time limit with in which the commitment shall be met.
(3) Each public authority shall designate an official called Public Grievance Redressal Officer, whom a complainant should approach for any violation of the Citizens Charter.
(4) Every public authority shall review and revise its Citizens Charter at least once every year through a process of public consultation to be held in the presence of Chief Vigilance Officer in that public authority.
(5) Lokpal may direct any public authority to make such changes in their citizens’ charter as are mentioned in that order and that public authority shall make such changes within a week of receipt of such order.
(6) No grievance shall be accepted by Lokpal if 15 days have not elapsed after submission of complaint by the complainant with the Public Grievance redressal Officer of that Public Authority.
Provided that if Lokpal feels that considering the gravity or urgency of the grievance, it is necessary to do so, the Lokpal may decide to accept such grievance earlier also.
(7) During disposal of a grievance, either on request of the complainant or suo moto, the Lokpal may treat it as an allegation if there is prima facie evidence of expectation or demand of bribery.

Employees and staff and authorities in Lokpal

22. Chief Vigilance Officer: (1) There shall be a Chief Vigilance Officer in each public authority to be selected and appointed by Lokpal.
(2) He shall not be from the same public authority.
(3) He shall be a person of impeccable integrity and ability to take proactive measures against corruption.
(4) He shall be responsible for accepting complaints against any public authority and shall transfer the complaints related to other public authorities within two days of receipt.
(5) He shall be responsible for carrying out all such responsibilities as assigned to him from time to time by Lokpal including dealing with complaints in the manner as laid down by Lokpal from time to time.
Provided that the complaints which require investigations under Prevention of Corruption Act 1988 shall be transferred to the Investigative wing of Lokpal.
Provided further that the complaints, other than grievances, against officers of the level of Joint Secretary or above shall not be dealt by the Chief Vigilance Officer and shall be transferred to the Lokpal, who shall set up a committee of Chief Vigilance Officers of three other public authorities to enquire into such complaint.
(6) All the grievances shall be received and disposed by Chief Vigilance Officer on behalf of Lokpal, if the citizen fails to get satisfactory redressal from Public Grievance Officer under section 21 of this Act.

23. Staff of Lokpal, etc.- (1) There shall be such officers and employees as may be prescribed to assist the Lokpal in the discharge of their functions under this Act.
(2) The number and categories of officers and employees shall be decided by the Lokpal in consultation with the government.
(3) The categories, recruitment and conditions of service of the officers and employees referred in sub-section (1) including such special conditions or special pay as may be necessary for enabling them to act without fear in the discharge of their functions, shall be such as may be prescribed according to the recommendations of Lokpal.
Provided that no official, whose integrity is in doubt, shall be considered for being posted in Lokpal.
Provided further that all officers and employees, who work in Lokpal on deputation or otherwise shall be eligible for the same terms and conditions as prescribed under this clause.
(4) Without prejudice to the provisions of sub-section (1), the Lokpal may for the purpose of conducting investigations under this Act utilize the services of.-
(a) any officer or investigating agency of the Central Government; or
(b) any officer or investigating agency of any other Government with the prior concurrence of that Government; or
(c) any person or any other agency.

(5) The officers and other employees referred to in sub-section (1) shall be under the administrative and disciplinary control of the Lokpal:
(6) Lokpal shall have the powers to choose its own officials. Lokpal may enlist officials on deputation from other government agencies for a fixed tenure or it may enlist officials on permanent basis from other government agencies or it may appoint people from outside on permanent basis or on a fixed tenure basis.
(7) The staff and officers shall be entitled to such pay scales and other allowances, which may be different and more than the ordinary pay scales in the Central Government, as are decided by the Lokpal from time to time, in consultation with the Prime Minister, so as to attract honest and efficient people to work in Lokpal.

24. Repeal and savings – (1) The Central Vigilance Commission Act shall stand repealed.
(2) Notwithstanding such repeal, any act or thing done under the said Act shall be deemed to have been done under this Act and may be continued and completed under the corresponding provisions of this Act.
(3) All enquiries and investigations and other disciplinary proceedings pending before the Central Vigilance Commission and which have not been disposed of, shall stand transferred to and be continued by the Lokpal as if they were commenced before him under this Act.
(4) Notwithstanding anything contained in any Act, the posts of the Secretary and other Officers and Employees of the Central Vigilance Commission are hereby abolished and they are hereby appointed as the Secretary and other officers and employees of the Lokpal. The salaries, allowances and other terms and conditions of services of the said Secretary, officers and other employees shall, until they are varied, be the same as to which they were entitled to immediately before the commencement of this Act.
(5) All vigilance administration under the control of all Departments of Central Government, Ministries of the Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government shall stand transferred, alongwith its personnel, assets and liabilities to Lokpal for all purposes.
(6) The personnel working in vigilance wings of the agencies mentioned in sub-section (5) shall be deemed to be on deputation to Lokpal for a period of five years from the date they are transferred to Lokpal. However, Lokpal may decide to repatriate any one of them anytime.
(7) That Department from where any personnel have been transferred to Lokpal under sub-section (5), shall cease to have any control over the administration and functions of transferred personnel.
(8) Lokpal shall rotate the personnel and create vigilance wing of each department in such a way that no personnel from the same department get posted for vigilance functions in the same department.
(9) No person shall be employed with Lokpal against whom any vigilance enquiry or any criminal case is pending at the time of being considered.

25. Investigation Wing of Lokpal: (1) There shall be an investigation wing at Lokpal.
(2) Notwithstanding anything contained in section 17 of Prevention of Corruption Act, such officers of Investigation wing, upto the level as decided by Lokpal, shall have, in relation to the investigation and arrest of persons throughout India, in connection with investigation of complaints under this Act, all the powers, duties, privileges and liabilities which members of Delhi Special Police Establishment have in connection with the investigation of offences committed therein.
(3) That part of Delhi Special Police Establishment, in so far as it relates to investigation and prosecution of offences alleged to have been committed under the Prevention of Corruption Act, 1988, shall stand transferred, alongwith its employees, assets and liabilities to Lokpal for all purposes.
(4) That part of Delhi Special Police Establishment, which has been transferred under sub-section (3), shall form part of Investigation Wing of Lokpal.
(5) The Central Government shall cease to have any control over the transferred part and its personnel.
(6) The salaries, allowances and other terms and conditions of services of the personnel transferred under sub-section (3) shall be the same as to which they were entitled to immediately before the commencement of this Act.
(7) All cases which were being dealt by that part of Delhi Special Police Establishment, which has been transferred under sub-section (3), shall stand transferred to Lokpal.
(8) After completion of investigation in any case, the investigation wing shall present the case to an appropriate bench of Lokpal, which shall decide whether to grant permission for prosecution or not.

26. Complaints against officers or employees of Lokpal: (1) Complaints against employees or officers of Lokpal shall be dealt with separately and as per provisions of this section.
(2) Such complaint could relate to an allegation of an offence punishable under Prevention of Corruption Act or a misconduct or a dishonest enquiry or investigation.
(3) As soon as such a complaint is received, the same shall be displayed on the website of Lokpal, alongwith the contents of the complaint.
(4) Investigations into each such complaint shall be completed within a month of its receipt.
(5) In addition to examining the allegations against the said official, the allegations shall especially be examined against sections 107, 166, 167, 177, 182, 191, 192, 196, 199, 200, 201, 202, 204, 217, 218, 219, 463, 464, 468, 469, 470, 471, 474 of Indian Penal Code.
(6) If, during the course of investigations, the Lokpal feels that the charges are likely to be sustained, the Lokpal shall divest such officer of all his responsibilities and powers and shall place him under suspension.
(7) If after completion of enquiry or investigations, Lokpal decides to prosecute that person under Prevention of Corruption Act, 1988 or holds him guilty of any misconduct or of conducting dishonest enquiry or investigations, then that person shall not work with Lokpal anymore. Lokpal shall either dismiss that person from the job, if that person is in the employment of Lokpal, or shall repatriate him, if he is on deputation.
Provided that no order under this clause shall be passed without giving reasonable opportunity of being heard to the accused person.
Provided further that order under this clause shall be passed within 15 days of completion of investigations.
(8) There shall be a separate wing in Lokpal to deal with complaints against officers or staff of Lokpal.
(9) Lokpal shall take all steps to ensure that all enquiries and investigations on complaints against its own staff and officials are conducted in most transparent and honest manner.

27. Protection- (1) No suit, prosecution, or other legal proceedings shall lie against the Chairperson or members or against any officer, employee, agency or person referred to in Section 14(4) in respect of anything which is in good faith done while acting or purporting to act in the discharge of his official duties under this Act.
(2) No proceedings of the Lokpal shall be held to be bad for want of form and except on the ground of jurisdiction, no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction.


28. Public Servants to submit property statements-
(1) Every public servant, other than those mentioned in Section 2(11)(a) to (c), shall within three months after the commencement of this Act and thereafter before the 30th June of every year submit to the head of that public authority, in the form prescribed by Lokpal, a statement of his assets and liabilities and those of the members of his family. Public servants mentioned in sections 2(11)(a) to (c) shall submit their returns in a format prescribed by the Lokpal to the Lokpal with the aforesaid time lines.
(2) The Head of each public authority shall ensure that all such statements are put on the website by 31st August of that year.
(3) If no such statement is received by the Head of that public authority from any such public servant within the time specified in sub-section (1), the Head of that public authority shall direct the concerned public servant to do so immediately. If within next one month, the public servant concerned does not submit such statement, the Head shall stop the salary and allowances of that public servant till he submits such statement.
Explanation- In this section “family of a public servant” means the spouse and such children and parents of the public servant as are dependent on him.
(4) The Lokpal may initiate prosecution against such public servant under Section 176 IPC.

28A. Properties deemed to have been obtained through corrupt means: (1) If any property, moveable or immoveable, is subsequently found to be owned by the public servant or any of his family members, which had not been declared under this section by that public servant and which was acquired before filing of last return under this section, the same shall be deemed to have been obtained through corrupt means.
(2) If any property, moveable or immoveable, is subsequently found to be in possession of the public servant or any of his family members, which had not been declared under this section by that public servant, the same shall be deemed to be owned by that public servant and the same shall be deemed to have been acquired through corrupt means by that public servant, the onus of proving otherwise shall be on the public servant.
(3) The public servant shall be given an opportunity to explain, within 15 days,
(a) in the case of properties under sub-section (1) of this section, whether he had disclosed that property in any of the earlier years.
(b) in the case of properties under sub-section (2) of this section, to explain why these properties should not be deemed to be owned by the public servant.
(4) If public servant fails to provide satisfactory reply under sub-section (3) of this section with respect to some properties, Lokpal shall immediately confiscate all such properties.
(5) Transfer of those properties for which notices are issued under sub-section (3) of this section, shall be deemed to be null and void after the date of issue of such notices.
(6) Lokpal shall intimate such information to the Income Tax Department for appropriate action.
(7) Appeal against the orders of Lokpal shall lie in High Court of appropriate jurisdiction, which shall decide the matter within two months of filing of the appeal.
Provided that no appeal shall be entertained after expiry of 30 days from the date of order of Lokpal under sub-section (4).
(8) All properties confiscated under this section shall be auctioned to highest bidder. Half of the proceeds from the same shall be deposited by the Lokpal in Consolidated Fund of India. The balance amount could be used by Lokpal for its own administration.
Provided that if an appeal has been filed in any case, the auction shall not take place till the disposal of appeal.

29. Power to delegate and assign functions: (1) Lokpal shall be competent to delegate its powers and assign functions to the officials working in Lokpal.
(2) All functions carried out and powers exercised by such officials shall be deemed to have been so done by the Lokpal.
Provided that the following functions shall be performed by the benches and cannot be delegated:
(i) Granting permission to initiate prosecution in any case.
(ii) Order for dismissal of any government servant under CCS Conduct Rules.
(iii) Passing orders under section 10 on complaints against officials and staff of Lokpal.
(iv) Pass orders in cases of complaints, other than grievances, against officers of the level of Joint Secretary and above.

30. Time limits: (1) Preliminary enquiry under sub-section (1) of section 9 of this Act should be completed within a month of receipt of complaint.
Provided that the enquiry officer shall be liable for an explanation if the enquiry is not completed within this time limit.
(2) Investigation into any allegation shall be completed within six months, and in any case, not more than one year, from the date of receipt of complaint.
(3) Trial in any case filed by Lokpal should be completed within one year. Adjournments should be granted in rarest circumstances.

31. Penalty for false complaint- (1) Notwithstanding anything contained in this Act, if someone makes any false or frivolous complaint under this Act, Lokpal may impose such fines on that complainant as it deems fit.
Provided that no fine can be imposed without giving a reasonable opportunity of being heard.
(2) Such fines shall be recoverable as dues under Land Revenue Act.
(3) A complaint or allegation once made under this Act shall not be allowed to be withdrawn.

31A. Preventive measures: (1) Lokpal shall, at regular intervals, either study itself or cause to be studied the functioning of all public authorities falling within its jurisdiction and in consultation with respective public authority, issue such directions as it deems fit to prevent incidence of corruption in future.
(2) Lokpal shall also be responsible for creating awareness about this Act and involving general public in curbing corruption and maladministration.

31B. Reward Scheme: (1) Lokpal shall encourage complainants from within and outside the government to report and fight against corruption by publicly recognizing such persons.
(2) Lokpal shall also prepare an appropriate scheme to give financial award to such complainants.
Provided that the total value of such reward shall not exceed 10% of the value of property confiscated or loss prevented.

32. Power to make Rules – (1) The Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
Provided that such rules shall be made only in consultation and with the approval of Lokpal.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for .-
(i) the allowance and pensions payable to and other conditions of service of the Chairperson and members of Lokpal;
(ii) the powers of a Civil Court which may be exercised by the Lokpal under clause (h) of sub-section (2) of section 11;
(iii) the salary, allowances, recruitment and other conditions of service of the staff and employees of the Lokpal;
(iv) any other matter for which rules have to be made are necessary under this Act.
(3) Any rule made under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a Statement laid before both Houses of the Parliament.

33. Removal of difficulties- Notwithstanding anything contained in this Act, the President, in consultation with Lokpal or on request of Lokpal may, by order, make such provision -
(i) for bringing the provisions of this Act into effective operation;
(ii) for continuing the enquiries and investigations pending before the Central Vigilance Commission by the Lokpal.

34. Power to make regulations: Lokpal shall have power to make its own regulations for the smooth functioning of the institution and to effectively implement various provisions of this Act.

35. This Act shall override the provisions of all other laws.

Reality views by sm –
Wednesday, April 06, 2011

Updated Monday, April 11, 2011 – 2.00 PM IST

Media has reported that Jan Lokpal bill Version 2.1 is out.
Still I have not seen the draft copy of Jan Lokpal bill version 2.1
As soon as I get the draft of Jan Lokpal bill version 2.1
I will post it.

Who has drafted the Jan Lokpal Bill?
Justice Santosh Hegde (former Supreme Court Judge and present Lokayukta of Karnataka)

Prashant Bhushan (Supreme Court Lawyer)

Arvind Kejriwal (Rti activist)

Have together drafted a strong anti-corruption law called Jan Lokpal Bill

Suggested Reading –
Know ten Salient features of Jan Lokpal Bill -
Anna Hazare has to go on fast unto death for simple demand as everyone is corrupt

Keyword Tags - Draft of jan lok pal bill suggested by Anna Hazare , Kiran Bedi , Shri Ravi Shankar , Ramdevbaba , Arvind K and many more

Source - http://www.indiaagainstcorruption.org/


NiftyOracle April 07, 2011  

Bill is excellent in its content and provision but should have right to appeal only at its appellate body and not high courts.

Anonymous,  April 07, 2011  

hey ..i salute Mr Hazare to initiate this step . This is first of its kind which is not done to let down an opposite government party , but to rise up the nation ... I think we all youngster should come up now as everybody is fed of this political corruption . Every home talks about it even if one person from each house come and stand beside Mr Hazare we can create history .This is us only and we should fight hard to help him achieve this for us .My request to all media to be the real generalist and come forward wth no political influence to support his . To create a revolution and not just capture the movement . Media is the face of the country and they can do wonders and can create the force to help Hazare and all of us live our dream. We (aam adami) can no just keep on giving high taxes , high price of food ..just to give a shed and pay back these politicians corrupted bills ...Come on youth ,,,, come on everybody lets help Hazare and let help ourselves

sm,  April 07, 2011  


sm,  April 07, 2011  


Unknown April 07, 2011  


sm,  April 08, 2011  


Anonymous,  April 09, 2011  

Request t people of India to read the bill and provide suggestion as such bills appear in rare and stop cursing later this is wrong nad it should be done this way or that.

Prabha April 09, 2011  

The draft bill has very stringent provisions which may not agree with the present constitutional and legal provisions existing in our country. This may need suitable amendments. However care should be taken that the bill should still have enough teeth to punish the erring people representatives and legal functionaries.

Colonel(Rtd) V.K. Prabhakaran

SM April 10, 2011  


Anonymous,  April 11, 2011  

Manpower issue should not be left for negotiations. A firm system is to be put in place.

Anonymous,  April 11, 2011  

Appeals should not lie with High courts but with a service matter bench of the Supreme Court. All judges of High Court also to be brought under the ambit of Lokpal. They shall not form part of selection process also.

AMIT,  April 11, 2011  



sm,  April 11, 2011  


sm,  April 11, 2011  


Anonymous,  April 11, 2011  

A good initial draft. I am sure will undergo lots of changes

Anonymous,  April 11, 2011  

What about the people who will be making False complaints. I am not seeing any punishment provisions for making false Complaints.

The bill should have also provisions to make it national responsibility of the citizen of India to not give Bribe, and any person/firms found guilty of bribing Gov servants falls under same criminal investigation.

Unknown April 11, 2011  

Defiantly it will fight corruption, I did not read but one point stuck in my mind that this draft says salaries of employee of lokpal higher then ordinary employee of govt. so question here is this if this is a factor of corruption better to increase salary of employee instead of building a lokpal which will multicrores towards salary of employee and generating infrastructure. All government employee are not corrupt even low paid are doing more work then official level employee because they are working for implemented policies and doing real ground work and posted thousand of Kilometer from their home and struggling for social life, so better to increase salaries of those employee. If two employee working in same capacity with equal responsibility, duration of time and one is getting more salary then other itself may be reason of corruption. . So why they will get more salary then employee who are doing productive work

ROHINI WAGH Adv April 12, 2011  

1. Section 2 (12) of the Bill states about the Judges of the Supreme Court & High Court:- require to add subordinate judges. Governments Servants whether permanent, on probation or on temporary or on contracts basis shall be deem to be a public servant.
2. Once the Lokpal grant permission to prosecute, the Public servant shall be transferred or suspended pending enquiry since he can influence/tamper the evidence.
2. There shall be a punishment of Confiscation of entire property earned other than legal means. The Lokpal can sanction a meager amount for the survival of the corrupt public servant after confiscating entire properties – immovable or movable if he is at the verge of retirement and no penal action is provided for his act.
3. In addition to removal from the job, no pension or retirement benefits shall be awarded; in addition the wrongdoer shall not be entitled to get services in any central, state, government aided establishments for life time.
4. The Bill shall state about the Benami properties of the corrupt public servant.
5. No mention of Benches of Lokpal: Because there will be flooding of complaints from all over the country since we have very few /rare non-corrupt Government Officers and it will be difficult to cope up with the disposal of the cases at the earliest. The set up of Lokpal shall not turn into adjourning and delayed process of present Judicial system.

sm,  April 12, 2011  


nyk2 April 12, 2011  

most cases of corruption which we (common man) experience are not about doing anything wrong,ppl ask money to do a job quickly or we pay to get a job done earlier ..i want my licence, i'll defently get it but if i pay 500 bucks i'll get it tommorrow otherwise after months..its just 1 example..your Jan lokpal bill does not and can not improve that.yes it might help stopping corruption whr crores r involved but it's helpless in cases whr amount from 50 bucks to few thousands is involved.wat u achieve to get from jan lokpal, u can easily get tht by making rural voters aware and urban voters to vote, we dont need a parallel govt.lokpal has powers of court,police,investigation agency,recovery agency and its decision can not b CHALLENGED.u get a cat to kill mouse,how will u deal with cat later? its a menace.

sm,  April 12, 2011  


SM April 12, 2011  

Yes very good suggestion.

Anonymous,  April 13, 2011  

it is "jump the queue" "there is no tomorrow" attitude and the societal obligations which prompt a person to give bribe to move things faster than others and take bribe to give bribe or to educate children or to give dowry etc etc which perpetuate corruption. Any social security scheme fails eg MGNREGS at the grass-root level. Unless I say that I will not give bribe there will always be a taker.

sm,  April 13, 2011  

No punishment = Encouragement for corruption

Anonymous,  April 14, 2011  

lokpal should be selected through eminent persons opinion and internet.

Anonymous,  April 14, 2011  

1. Lokpal should never be a politician or have been in past any time affiliated to politics.if not kalmadis/rajas will become lokapal
2. lokpal should be a honarary post.
3. lokpal whould have a term of only two years, and once lokpal he cannot be lokapal again.
4. lokpal should have min qualification level, if not rajabhai/ dawood ibrahims will become lokpal in future.
5. lokpal should be selected by eminent personalities from industries/filmdom/literature/sports/educational institutions/ nonresident indians

sm,  April 15, 2011  


Anonymous,  April 15, 2011  

One wonders as to what the drafting committee was thinking when writing this draft.

See section 3. Establishment of the institution of Lokpal and appointment of Lokpal:

They have proposed a selection committee, which includes the country's Vice-President and the Speaker of the Parliament (as presiding officers of the two houses of parliaments). The Chairperson of this committee will be senior most judge of the Supreme Court. Did these "legal luminaries" really expect the Vice President and the Speaker to sit in a committee headed by person who is below them in protocol? One does not know whether to laugh at or pity these drafters.

Prof. Ashok Arora April 16, 2011  

I have an important suggestion for Jan Lokpal Bill:

There are two types of people who give bribe. One who pay the bribe willingly to do something illegal and another who are forced to pay the bribe to do a legal task. The first kind of people should be accused in Anti-corruption law while the second kind should be considered as Govt. witness and should not be considered as accused.

With introduction of this clause, the honest people who unwillingly pay bribe will come forward and will complain against the bribe taker. Whether the bribe giver is accused or witness, that can be decided during filing of charge sheet.



Prof. Ashok Arora

E-mail: prof.ashokarora@gmail.com
New Delhi

sm,  April 16, 2011  

Prof. Ashok Arora,,
good suggestion

Aryama April 17, 2011  

jan lokpal bill should cover any kind of corruption from panchayat to parliament ,police station to suprime court and municipality to mahanagar corporation.

sm,  April 17, 2011  


B.N.Prajapati April 17, 2011  

I read the Jana Lokpal Bill and i find some correction and rectification requires to make it perfect i suggest some of the following points.
1. Decentralization of exercising power is to be made by making Sub-Division level Lokpal- District level Lokpal- State Level Lokpal- Central Level Lokpal i.e. Chairman and its members.
2. The investigation/inquiry should be completed within three month and thereafter trial should be completed within three months and thereafter punishment.
3. Provisions of Appeal should be made and the same should be disposed of within two months at every appellate stage.
4. The Lokayukt ( Officer) should not deal a nos. of case simultaneously, they should be given only one case at a time. other members of officer or presiding officer should be made available to disposed off others matters.
5. all the public servant should be include in this arena even pion, patwari munsi, clerk or subordinate judges etc.

Remember this is fight with corruption not to make an Act/Law.

Budhi Nath Prajapati

SM April 17, 2011  


Anonymous,  May 01, 2011  

1. a person who is convicted under this act should never be allowed to hold public offices after such conviction.
Rajan Thomas

sm,  May 01, 2011  

very good suggestion.

Unknown May 06, 2011  



SM May 06, 2011  


Anonymous,  June 17, 2011  

every people want that start lokpal bill.sir we want jan lokpal bill,but we cant do anything we want a leader who lead it.so iwe thank all civil sociecity member who lead it.sir we are from assam and we employee in COAL INDIA LTD.(MAHARATNA COMPANY)but their are no any files move without briebs.sir we always with you.
Thanking you
Amit Ghoshal

Anonymous,  June 19, 2011  

I support the bill as a citizen of India, hope every citizen of India should know the reality where the obstacles lies in development of the Nation. Lets everyone join together and say we are one and against the irregularities in public office, statutory, autonomous and corporate bodies.

sm,  June 19, 2011  


Anonymous,  June 22, 2011  

P M and Higer judiciary must be brought in the bill? Why goverrment opposing? As a citizen of India all are equal and evry person shuld be brought in it? If they want to know that how many Indians are supporting this they conduct a refrendom on this issue.

Anonymous,  June 25, 2011  

Team Anna I congratulate you for such a wonderful draft of Jan Lokpal Bill. The govt will definitely oppose due to the fear of being caught. It is a good idea of having a refrendom on this draft. A huge support for this may be obtained by making both the proposed draft public in all the Indian languages before the draft is introduced in the loksabha for consideratin.

Anonymous,  July 01, 2011  

Do the Congress fear that their future prime ministers(if any) may not be as honest as the present incubent.

sm,  July 01, 2011  


Microvoices July 29, 2011  

Now, Cabinet has approved the draft of Lokpal Bill 2011 that is not satisfactory for the team of Anna Hazare. What will be now? Will people come forward again to support Anna Hazare as he already has announced to go on fast from 16th August, 2011 at Jantar Mantar?

sm,  July 29, 2011  


Anonymous,  August 10, 2011  

public will misuse it to influence the officer by making false allegation. if on false allegation the lok pal will initiate inqury then no government authority can work in fair manner. In fear of lokpal government officer will act according to wish of complaint. please look this angle also.


SM August 12, 2011  

@Anonymous thanks.
Please read it again.
you have confused the point totally.
a person will file a complaint when govt officer will not work honestly.

Anonymous,  August 17, 2011  


Free the CBI and Police from reporting to the govt. Let them report to the Judiciary. This is better than starting a parallel system

rahul August 18, 2011  

hi all,
I am confused between the two bills so pls summarize the difference between lok pal bill and jan lok pal bill .Share your answer on this link - http://sawaal.ibibo.com/news-and-current-affairs/what-difference-between-lok-pal-bill-jan-lok-pal-bill-1707017.html

Anonymous,  August 18, 2011  

Initiation is first step and Implementation of Lokpal Bill is a process. Therefore, amendment is done from time to time.
I support Anna Hazare and I want everyone who is willing to bring a good india he or she should support Anna Hazare.
Kuntal Chattopadhyay

Nimisha August 19, 2011  

Read the Complete Biography of Arvind Kejriwal and Download Jan Lok Pal Song by Kumar vishwas

Arvind Kejriwal Biography

Jan Lokpal theme Song Downlaod

Read the complete Biography of Anna Hazare in Hindi

Anonymous,  August 19, 2011  


Chandan Dutta (Guwahati),  August 20, 2011  

I think Any One who wants to complain against any public servant, Lodge a First Complain to the Lokpal to keep a watch against the accused (Or Issue a Warning Notice Before Indulging into corruption if not already committed) Before lodging a Second Complain for the Lokpal to actually act against the accused, if the accused fail to withheld any such activity that may be punishable under Lokpal.
I Think this way the public servent also have a sence of security from being falsely charged out of personal grudge.
At the same time the number of cases of the Lokpal may also come down, which may pileup very fast and may not be possible for the Lokpal to discharge within the stipulated time.

Chandan Dutta

Anonymous,  August 20, 2011  

if a government employee is wrong when he takes a bribe then a person or a firm or a company who is trying to bribe a government employee to take advantage of his post should also fall under the same jurisdiction and should be liable to be punished by the lokpal on the complaint of that government officer.
manish agarwal

Gauti,  August 20, 2011  

A hope of rainfall in the long barren desert of "CORRUPTION"

Shachindra Ranchi Jharkhand,  August 20, 2011  

Another revolution for the betterment of every Indian citizen. Implementation of proposed Jan Lok Pal would make the life of every Indian Citizen easier to live.

Anonymous,  August 20, 2011  

With ref to the press release in the Times of India today as you are aware the Department related Parliamentary Standing Committee on Personal, Public Grievances, Law and Justice has invited suggestions from individuals, organizations on The Lok Pal Bill 2011 within 15 days from today.
My suggestion is this opportunity should be utilized to flood the committee with letters & emails demanding a strong Lok Pal Bill. My feeling is if they get 1.5 cr mails within 15 days they will be forced to make changes & recommend a stronger Lok Pal Bill to Parliament.
This can be done if every supporter of India against Corruption makes two copies of the Jan Lok Pal Bill & send it to Shri K P Singh Director Rajya Sabha Secretariat, 201, 2nd floor, Parliament house Annexe, New Delhi 110001. Or email kpsingh@sansad.nic.in & rs-cpers@sansad.nic.in within the next 15 days.

Kapoor Naresh August 20, 2011  

JanLokpal bill or any other law has its effectiveness only on application in its soul n spirit.And application is to be by individuals only. We should have a new Institution of Lokpal in which professional lokpal are made. Qualification, rights and resposibility of lokpal should be clear and his performance should be subject to peer review. A code of Conducts and ethics for Lokpal should be of highest standards.

snigdha August 21, 2011  

PM and this govt has broken our trust, and hence gave us the reason to keep them under scrutiny.

AshokWadhone,  August 21, 2011  

Very good draft.However prevention is also a function. So Lokpal should have a Social Duty of education of young generation, awareness on prevention of corruption.
A comprehensive Nation-wide programme on Saamajik Probodhan may be part of Duty of JanLokpal.

Wing Commander(Retd) Ashok Wadhone

Anonymous,  August 21, 2011  


peter william August 21, 2011  

Though there are already plethora of enactments against corruption in our country, but these provisions are full of loopholes and consequently vulnerable by the jugglery of power politics. This Bill prepared by the the Civil Society through public referendum will surely lay a strong foundation against the corrupt system and prepare a clear ground for good governance. They are fight for a righteous cause through biblical principle of non-violence. May God bless Anna Hazare and his team.
by Peter William from Chandigarh

Anonymous,  August 21, 2011  

already we have sufficient laws and stages to react agaings corruption, but the seelping public will never do that. If the Jan Lokpal Is passed nothing will happen, it IS a wonderful dream. If we want stop the corruption, each and every person should start it from theiRself and their family, theN come out to the public. THE ROOT OF THE CORRUTION IS STARTS FROM VERY CLOSE TO OURS

Anonymous,  August 22, 2011  

What if madam Kiran Bediji says India is Anna. Anna is India. CNN IBN NWES Channel objects,
madam. please stick to your words. yes it is Anna is India. The Nation is with you. Let us together show that India is Anna. Where was CNN IBN when someone said. indira is India. What we(youths) think is Anna is Great next to Mahathma.

Anonymous,  August 22, 2011  

just pick one person from the hanna i mean anna hazare ji supporter's who had not given a bribe or not involved in any corruption they want publicity if jan lokpal passed Means they try to kill democracy, just see our democracy is stronger then any other Asian country some thing is there to create circumstances like USSR EVERY state is going to be a individual country if civil society blames prime minister that pm is corrupted then he must have to resign means president rule no stable govt., anna ji is very nice person he is imaandaar but what happen when in civil society somebody corrupt person is coming after him so this just false thing we have to think within ourselves to remove corruption

Anonymous,  August 22, 2011  

excellent bill, once implemented, will bring the nation to the top most position in the world within ten years, as everybody knows that corruption is the sole reason to rape the nation wealth and hence the country.

Dev,  August 22, 2011  

All irrespective of any position he holds in the society must be included under this Jan Lokpal Bill

Pallav Pancholi,  August 22, 2011  

A very good bill and a very much required bill for Indian growth, The basic problem problem with the country is right now we don't have any low or bill which can sort out our grievances if they are relating to the upper half of our government system, this bill will surely help India to get rid of this Corruption devil and will allow our generations to come to explore the opportunities to convert them into achievements by utilizing all our resources .

sudhir August 23, 2011  

Anna hajare ka Janlokpal bill men Lok pal ke members agar bhrashtachari ho to unhe bhe isme hona chahiye. Agar annya aaropiyo ko Das sal saja ka pravdhan hai to Lokpal sadasyon ko sirf aur sirf umrakaid ki saja ka pravdhan hona chahiye. Kya iske liye Anna Hajare aur team taiyar hai. Aaj bahutsa kala dhan samajik sanghatnao ke pass hai. Unamese kuch bahotse sanghatan panjibaddha nahi hai lekin Janlok pal bill unko janlok pal ke dayare ke bahar rakhane ke liye adda hua hai. Kya Anna Hajare ko in samajik sanghatnao par itna vishwas Hai? Ya wo inhe Janbuzkar Tal rahe hai. Kyonki Shri. Arvind Kejdiwal aur Shri. Anna hajare Inki bhi Samajik sanghatnaye hai Isliye ? Shri Anna Hajare aur shri Kejriwal agar aapko lagata hai ki samajik sanghatnaye bhrasht nahi to unhe bhi Janlokpal ke dayre me aane dijiye. Aap dusaro ke bhrashtachar ke bare me bat karte ho to aap bhi lokpal ke dayre me aao. Janlokpal ne PRIVATE SECTOR ko loakpal ke dayre ke bahar rakkha hai. Kya is desh ke PRIVATE SECTOR men bhrashtachar nahi hai? Janlokpal kahata hai ki desh ke sabhi karmachari aur adhikari lokpal ke dayre me ho. Agar aisa mana jay to desh me 75 lakhs Karmachari aur Adhikari hai. Agar in sabko janlokpal ke dayre me laya jay to uske liye Kitni badi SYSTEM khadi karni padegi kya iska andaja Anna hajare aur Kejdiwal ko hai. Sarkar kah rahi hai ki Lokpal ke dayre me CLASS 1, SECRETARY LEVEL ke log hi isme hona chahiye jisase mukdama chalane ke lliye assani hogi. Iska dusare matlab ye bhe hai agar is CLASS 1 TATHA SECRETARY LEVEL ke logo ko janlokpal ka dar rahega to apane aap chhote karmachari par bhi wo waisahi nigrani rakkhenge. Ye sochana Kya Galat hai. Sarkar kahti hai ki 75 lakh logo ko itni badi tadat me Janlokpal me nahi laya ja sakta, lekin ha unke liye Janlokpal ke alava alag pravdhan kiya ja sakta hai to kya galat hai. Fir Anna hajare kyo jid karte hai. Ye sab padhane ke bad Anna hajare aur unki team kewal ise bhavnik mudda banakar rakhana chahti hai ya fir unkahi kuch CHHUPA AGENDA hai. Sochana padega. Anna hajare ke mandap me arakshan ke virodh me bhi posters lage huye hai. Tatha OBC, SC, ST ki Jati nihay Janganan nahi honi chahiye aise bhi posters lage huye hai. Iska kya matlab hai? ............... JARA SOCHIYE

Anonymous,  August 23, 2011  

Sarkar public servent hai hamare liye banayi hai aur is bat ko hamari sarkar ko yad dilane ke liye ye andolan jaruri hai......... I salute Mr. ANNA..... VANDE MATARAM...

Anonymous,  August 23, 2011  


Anonymous,  August 23, 2011  


Anonymous,  August 25, 2011  

When gandhi ji(ahinsawadi) said KARO YA MARO that`s when India got freedom,ARE WE LOOKING FOR ANY SUCH SLOGAN TO GET FREEDOM FROM CURRUPTION.

Anonymous,  August 25, 2011  

whistleblower needs protection for encouring others to come forward and stand against the corruption.This is appropiate time to support Anna Hazare and appeal for JAN LOKPAL BILL.

Jan-lokpal-bill August 28, 2011  

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Anonymous,  September 11, 2011  

I have sent a word document as file attachment to lokpalbillconsultation.org
Synopsis of the contents of the attached file
My partial draft by way of amendments provide for
1. Election of Lokpals by Loksaba members and judiciary by open ballet. Many expressed objection of appointment by government.
Most of the comments expressed apprehensions over the appointment of lokpal. Opinion was nearly unanimous that government or politicians should not be allowed to choose the members of lokpal which would defeat the very purpose of setting up a Lokpal.
The lokpals should be elected by a national electoral system or referendum. Since this is not immediately possible at present it is suggested as above. The electorate will know the action of his representative.

2. Pro active election of lokpals and judges
3. Amendment to refusal of eligible cases on the ground of availability of other remedies.
4. Clarification on the effect of time limits prescribed.
5. Requesting for changing the clause treating of anonymous complaints.
6. If a public servant acts against public interest it should be presumed he acted with an illegal motive punishable under this act. It should also be presumed that he has committed an offence punishable under this act.
7. Public participation no violation of subjudice, parliamentary privilege, contempt of court.
8. Inspection of offices by Lokpal. And authorized to advise and draw attention of authorities not falling under its jurisdiction as a specialized , expert agency .
9. Other suggestions for volunteers,

ABHIRUP CHATTERJEE December 02, 2011  

There is no need of creating separate LAW for CORRUPTION as LOKE PAL BILL is proposed. True Corruption in all label from Politician to down below is present. INDIAN Constitution & already mo of laws are in vogue are enough to deal CORRUPTION.What is needed is MONITORING & IMPLEMENTATION IS strictly & Honestly done Which is lacking with all political parties whether ruling or in Opposition.

Renuka March 29, 2012  

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