Bare Acts
Lokpal Act 2013
As you are aware, Parliament has recently enacted the Lokpal and Lokayuktas Act, 2013 (l of2014). A copy of the said Act is enclosed (Annexure-n
2. In order to operationalize the institution of Lokpal at the Centre, the Government of India has issued an advertisement inviting applications for filling up one post of Chairperson and eight posts of Members in the Lokpal, including four posts of Judicial Members. A copy of
_ this advertisement is enclosed (Annexure-II). _.-_. ..----~_..---------~-_.._---_.'.---_. -~-"----------'-------
3. The qualifications for the post of Chairperson and Members of Lokpal are contained in section 3 uf the Lokpal and Lokayuktas Act, 2013. In brief, a person shall be eligible to b~ appointed:-
(a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court;
(b) as a Member other than a Judicial Member, if he is a person of impeccable . integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and
management.
A person shall be eligible to be appointed as Chairperson, ifhe is or has been.a Chief Justice oflndia or is or has been a Judge of the Supreme Court or an eminent person who fulfils the eligibility specified in clause (b) above.
W-fCT Date SECRETARY Tel:23094848
Fax: 23094500
E-mail: sarkardk@nicin
D.O. No. 407/06/20l4-AVD-IV(B)
Dear Registrar General
GOVERNMENT OF INDIA DEPARTMENT OF PERSONNEL & TRAINING MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK, NEW DELHI - 110001 Website' http://persmingov In
18ttJanuary,2014
Further, in terms of section 4(3) of the Act, the selection for these posts shall be made on the basis of recommendations to be made by a Search Committee constituted for this purpose by the Selection Committee. The relevant rules relating to the Search C6rrimittee, namely the
~Lc..h CQlIl1llitt~e(_CQIl~ilutiQJ:]1' erlll~lind J~_o_n.9itj_QItlSap.P9inJlll.YQD(t!!1_e!llb_~eKIlc~ith_Je'Danllel- ~- of selection of Panel of Names for appointment of Chairperson and Members of Lokpal) Rules, 2014
are also enclosed (Annexure-III). The last date for receipt of applications for the above posts
in this Department is the i h February, 2014.
5. Having regard to the need to man this august ir,:stitution with eminent persons in the respective fields, it is requested that nominations of suitable candidates who are eligible and are interested in their names being considered for appointment as Chairperson, Lokpal and as Members in the Lokpal may kindly be forwarded to this Department. The applications of the nominated candidates in the prescribed proforma may also be forwarded to this Department
- - -- - ~
4. In terms of section 4(1) of the Act, the Chairperson and Members shall be appointed by the President after obtaining -the recommendations of a Selection Committee consisting
of-
(a) the Prime Minister-Chairperson;
(b) the Speaker of the House of the People-Member;.
(c) the Leader of Opposition in the House of the People-Member;
(d) the Chief Justice 'of India or a Judge of the Supreme COUli nominated by him-
. Member;
(e) one-eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the President-Member.
on or before the i h February, 2014. With kind regards.
The Registrar General, High Court of Bombay. MLllllbai-4000 32.
Yours sincerely
IL
(Dr. S.K. Sarkar)
,REGISTERED NO. DL-(N)04/0007/2003-14
PUBLISHED BY AUTHORITY
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE (Legislative Department)
New Delhi, the 1st JanuaI}', :;014/Pausa I L ! 935 (Saka) The following Act of Parliament received the assent of the President on the
Ist January, 2014; and is hereby published for general information:-
THE LOKPAL AND LOKAYUKTASACT, 2013
(No.1 OF 2014)
An Act to provide for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.
W IlEREAS the Constitution of India established a Democratic Repu bi ic to ensure justice for all~
AND WHEREAS the Government's commitment to clean and responsive governance has to be reflected in effective bodies to contain and punish acts of corruption:
No'" THEREFORE. it is expedient to enact a law, for more effective implementation often said Convention and to provide for prompt and fair investigation and prosecution in cases of corruption.
PART 1
PREUMINAltY
L (1) This Act may be called the Lokpal and Lokayuktas Act, 2013. (hIt extends tothe whole of India.
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BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:-.
(3) It:~hall apply to public servants
in and outside India.
(4) It sh~1I come into force on such date as the central government
may, by notification in the Official Gazette, appoint.
PART [LOKPAL FOR THE UNION CHAPTER I DEFINITIONS]
2. (l) in this Act, unless the context otherwise requires.---c-
(u) "bench" means a bench in Lokpal;
(bi "Chairperson" means the- Chairperson of the LokpaL (c) "competent authority", in relation to--
(i) the Prime Minister. means the Hause of the People;
(ii) a member of the Council of Ministers, means the Prime minister; (iii) a member orParliamem other than a Minister, means-
(A) in the case: member of the Council of States. the Chairman of the Council; and
(B) in the case of a member of the House of the People. the Speaker of the House:.
(Iv)anoffIcerilltheMinistryorDepartmentof'theCentralGovernment means the Minister in charge of the Ministry or Department under which the officer is serving;
(") a chairperson or members of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called; established or constituted under any Act of Parliament or wholly or partly;balanced by the Central Government or controlled by it, means the Minister in charge of the administrative Ministry of the such body or Board or corporation or authority or
company or society or autonomous body;
(vi) an officer of anybody or Board or corporation. Of authority or company or society or autonomous body (by whatever name called) established or constituted under any Act of Parliament or wholly or partly financed by the Central Government or controlled by it, means the head of such body or8oard or corporation or authority or company or society or autonomous bod:";
("ii) in any other case not falling under sub-clauses {i) to (vi) ab~ve, means such Department or authority as the Central Government may by notification. specify:
45 "f 2003.
49 of 1'i88
25 of 1'146. 2011974
Provided that if any person referred to in sub-clause (v) or sub-clause (vi) is also a member of Pariiament, then, the competent authority shall be-
(A) in case such member is a member of the Council of States. the Chairman of the Council; and
(B) in case such member is a member of the House of the People, the Speaker of the House;
(d) "Central Vigilance Commission" means the Central Vigilance Commission constituted under sub-section (/) of section 3 of the Centra! Vigilance Commission Act, 2003;
(e) "complaint" means a complaint, made in such form as may be prescribed. alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988;
(j) "Delhi Special Police Establishment" means the Delhi Special Police Establishment constituted under sub-section (1) of section 2 of the Delhi Special Police Establishment Act, 1946;
(g) "investigation" means an investigation as defined under clause (h) of section 2 of the Code of Criminal Procedure, 1973;
(h) "Judicial Member" means a Judicial Member of the Lokpal;
(i) "Lokpa]" means the body established under section 3;
(j) "Member" means a Member of the Lokpai~
(k) "Minister" means a Union Minister but does not include the Prime Minister:
(I) "notification" means notificatiilnpubLishedin the Official Gazette and the expression "notify" shall be construed accordingly;
(m) "preliminary inquiry" means aa inquiry conducted under this Act;
(n) "prescribed" means prescribed by rules made under this Act;
(0) "public servant" means a person referred to in clauses {al to (-Ii) of sub-section (1) of section 14 but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act, 1950, the Air Force Act, 1950, the Navy Act, 1957 and the Coast Guard Act. 1978 or the procedure is applicable to such public servant under those Acts;
(p) "regulations" means regulations made under this Act; (q) "rules" means rules made under this Act~
V) "Schedule" means a Schedule appended to this Act;
~s) "Speciai Court" means the court of a Special Judge appointed under sub-section U) of section 3 of the Prevention of Corruption Act. i 988. -
(2) The words and ei':pressions used herein and not defmed-in th is Act but defined In the Prevention of Corruption Act, 1988, shall have the meanings respectively assigned to them 111 that Act
(3) Any reference in this Actto any other Act or provision thereof which is not in force In any area to which this Act appli~s shall be construed to have a reference to the corresponding Act or provision thereof in force in such area.
THE GAZETTE OF INDIA EXTRAORDINARY
CHAPTER Il ESTABLISHMENT OF LOKPAL
3. (1) On and from the commencement of this Act, there shall be established, for the purpose of this Act, a body to be called the "Lokpal".
(2)TheLokpalshallconsist0[- '.
(a) a Chairperson, who is or has been a Chief Justice oflndia or is or has been (] Judge ofthe Supreme Court or an eminent person who fulfiis the eligibility specified in clause (6) of sub-section (3); and
(b) such number of Members, not exceeding eight out of whom fifty percent. shall be Judicial Members:
Provided that not less than fifty percent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities, and women.
(3) A person shall be eligible to be appointed,-
(a) as a Judicial Member if he is or has been a Judge of thcSuprem~ Court or" is or has been a Chief Justice of a High Court;
(b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expel1ise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law ul"dmanagerneI1l.
(4) The Chairperson or a Member shall not be-
U) it member of Parliament or a member of the Legislature of any State or Union territory:
(ii) a person convicted of any offence involving moral turpitude;
(iii) a person of less than forty-five years of age, on the date of assuming office as the Chairperson or Member, as the case may be:
(iv) a member or any Panchayat or Municipality;
(v) a"person who has been removed or dismissed from the service of the Union
ora State.
and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be affiliated with any political party or carry on an)' business or practise any profession and. accordingly. before he enters upon his office. a person appointed as the Chairperson or a Member, as the case may be, shall, if---.
(a) he holds any office of trust or profit, resign from such office; or
(h) he is carrying on any business, sever his connection with the conduct and
management of such business: or
(c) he is practising any profession, cease to practise such profession.
4, (i) The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of-
(a) the Prime minister-Chairperson;
(h) rhe Speaker of the House of the People---Member:
(c) the Leader of Opposition in the House of the People--Member:
4
THE GAZElrE OF INDIA EXTRAORDINARY [PART!l--
THE GAZETTE OF INDIA EXTRAORDINARY 5
SEC.
(2) No appointment of a Chairperson ora Member shall be inval id merely by reason of any vacancy in the Selection, Committee. '
(3) The Selection Committee shall for the purposes of selecting the Chairperson and Members of the Lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a Search Committee consisting of at least seven persons o(standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking,
law and management or in any other matter which, in the opinion of the Selection Committee, may be useful in making the selection of the Chairperson and Members of the Lokpal:
Provided that not less than fifty per cent. of the members ofthe Search Committee shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women:
Provided further that the Selection Committee may also consider any person other than the persons recommended by the Search Committee.
(4) The Selection Committee shall regulate its own procedure in a transparent manner, for selecting the Chairperson and Members of the Lokpal
(5) The term of the Search Committee referred to in sub-section (3), the fees and allowances payable to its members and the manner of selection of panel of names shall be such .as may be prescribed.'
5. The President shall take or cause to be taken all necessary steps for the appointment of a new Chairperson and Members at least three months before the expiry of the t,'rm of the Chairperson or Member, as the case may be, in accordance with the procedure laid down in this Act.
6.The Chairperson and every Member shall, on the recommendations of the Selection
Committee, be appointed by the President by warrant under his hand and seal and hold office
as such for a term of five years from the date on which he enters upon his office or until he and Members, attains the age of seventy years, whichever is earlier:
(d) the Chief Justice 'of India or a Judge of the Supreme Court nominated by him-Member;
(e) one eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the President-Member.
Provided that he may-
(a) by writing under his hand addressed to the President, resign his office; or (b) be removed from his office in the manner provided in section 37.
7.Thesalary,allowancesandotherconditionsofservice0[-
(i) the Chairperson shall be the same as those of the Chief Justice of India:
(ii) other Members shall be the same as those of a Judge of the Supreme Court:
Provided that if the Chairperson or a Member is, at the time of his appointment in receipt of pension (other than disability pension) in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of service as the Chairperson or, as the case may be, as a Member, be reduced-
(a) by the amount of that pension; and
(b) if he has, before such appointment, received, in lieu of a portion of the ' pension due to him in respect of such previous service, the commuted value thereof. by theamoul1l of that portion of the pension:
Salary, allowances
and other conditIOns r,f
service of Chairperson and Members
Fillng of vacancies of Chairperson,)[ Members
Term of office of Chairperson
Restriction on employment by Chairperson and Members after ceasing lO hold office.
Provided further that the salary, allowances, and pension payable to, and other conditions of service of, the Chairperson or a Member shall not be varied to his disadvantage after his appointment.
8. (1) On' ceasing to hold office, the Chairperson and every Member shall be ineligible for-
Member to act as Chairperson or to discharge its functions
in certain circuIllstances.
Secretary, other officers, and SIar!" of Lokpal
(ii) any diplomatic assignment, appointment as administrator of a Union territory. and such other assignment or appointment which is required by law to be made by the President by warrant under.his hand and seal;
(iii) further employment to any other office of profit under the Government of India or the Government of a State;
(iv) contesting any election of President or Vice-President or Member of either House of Parliament or Member of either House of a State Legislature or Municipality or Panchayat within a period of five years from the date of relinquishing the post.
(2) Notwithstanding anything contained in sub-section (I), a Member shall be eligible to be appointed as a Chairperson, if his total tenure as Member and Chairperson does not exceed 'five years.
Explanation..-For the purposes of this section, it is hereby clarified that where the Member is appointed as the Chairperson, his term of office shall be not more than five years in aggregate as the Member and the Chairperson.
9. (1) In the event 'of-occurrence of any vacancy in the office of the chairperson by reason 'of his death, resignation or otherwise, the President may, by notification, authorise the senior-most Member to act as the Chairperson until the appointment of a new Chairperson
THE GAZETTE OF INDIA EXTRAORDINARY
(i) reappointment
as the Chairperson
or a Member of the
Lokpal;
(2); When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Member available, as the President may. by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
JO. (J) There shall be a Secreraryto the Lokpal in the rank of Secretary tei Government of India, who shall b~ appointed by the Chairperson from a panel of names sent by the Central Government.
(2) There shall be a Director of Inquiry and a Director of Prosecutioi1 not below the rank of Additional Secretary to the Government of India or equivalent, who shall be appointed by the Chairperson from a panel of names sent by the Central Government
(3) The appointment of officers and other staff of the Lokpal shall be made by the Chairperson or such Member or officer of Lokpal as the Chairperson may direct:
Provided that the President may by rule require that the appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the Union Public Service Commission.
(4) Subject to the provisions of any law made by Parliament, the conditions of service of Secretary and other officers and staff of the Lokpal shall be such as may be specified by regulations made by the Lokpal for the purpose:
Provided that the regulations made under this sub-section shall, so fall as they relate to salaries, allowances, leave or pensions, require the approval of the President.
49 of 1988.
II.(l)Notwithstandinganythingcontainedinanylawfortheti~ebeinginforce,theInquiryWing. Lokpa1 shall constitute an Inquiry Wing headed bytheDirector oflnquiry for the purpose of
conducting preliminary inquiry into any offence alleged to have been committed by a public
servant punishable under the Prevention of Corruption Act, 1988:
49 of 1988. :2of \974.
SEC. 1]
THE GAZETTE OF INOlA EXTRAORDINARY 7
CHAPTER III
INQUIRY WING
Provided that till such time the Inquiry Wing is constituted by the Lokpal, the Central Govern.ment shall make available such number of officers and other staff from its Ministries or Departments, as may be required by the Lokpal,for conducting preliminary inquiries under this Act.
(2) For the purposes of assisting the Lokpal in conducting a preliminary inquiry under this Act, the officers of the Inquiry Wing not below the rank of the Under Secretary to the Government of India. shall have the same powers as are conferred upon the Inquiry Wing of the Lokpal under section 27.
CHAPTER IV PROSECUTION WING
12. (I) The Lokpal shall, by notification, constitute a Prosecution Wing headed by the . Director of Prosecution for the purpose of prosecution of public servants in relation to any
complaint by the Lokpal under this Act:
Provided that till such time the Prosecution Wing is constituted by the Lokpal, the Central Government shall make available such number of officers and other staff from its Ministries or Departments, as may be required by the Lokpal. for conducting prosecution under this Act. .
• (2) The DiJector of Prosecution shall, after having been so directed by the Lokpal~.:tile a case in accordance with the findings of investigation report, before the Special Court and take all necessary steps in respect of the prosecution of public servants in .relation to any offense punishable under the Prevention of Corruption Act, 1988.
(3) The case under sub-section(2), shall be deemed to be a report, filed o~ completion of an investigation, referred to in section 173 of the Code of Criminal Procedure, 1973.
CHAPTER V
EXPENSES OF LOKPAL TO BE CHARGED ON CONSOLIDATED FUND OF INDIA
B. The administrative expenses of the Lokpal, including all salaries, allowances and pensions payable to or in respect of the Chairperson, Members or Secretary or other officers or staff of the Lokpal, shall be charged upon the Consolidated Fund of India and any fees or other money taken by the Lokpal shall form part of that Fund.
CHAPTERV[ JURISDICTION IN RESPECT OF INQUIRY
t 4. (1) Subject to the other provisions of this Act, the Lokpal shall inquire or cause an inquiry to be conducted into any matter involved in. or arising from. or connected with, any allegation of corruption made in a complaint in respect of the following, namely:-
(0) any person who is or has been a Prime Minister:
Prosecution Wing.
Provided that the Lokpal shall not inquire into any matter involved in, or arising
from, or connected with, any such allegation of corruption against-the ~rime Minister
(i) in so far as it relates to international relations, external and internal officers and officials of security, public order, atomic energy and space; Central Government.
Expenses of Lokpal to be charged on Consolidated Fund of India.
jurisdiction of
Lokpal [0
include Prime Minister. Ministers. members of Parliament, Groups A, B,
8
THE GAZETTE OF INDIA EXTRAORDINARY
[PARTfJ-
(ii) unless a full bench of the Lokpal consisting of its Chairperson and al! Members considers the initiation of inquiry and at least two-thirds of its Members approve of such inquiry:
Provided further that any such inquiry shall be held in camera and if the Lokpal comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry shall not be published or made available to anyone;
(h) any person who is or has been a Minister of the Union;
(c) any person who is or has been a member of either House of Parliament;
(d) any group 'A' or Group 'B' officer or equivalent or above, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the
Prevention of Corruption Act, 1988 when serving or who has served, in connection with the affairs of the Union;
(e) any Group 'C' or Group '0' official or equivalent /Tom amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served in connection with the affairs of the Union subject to the provision of sub-section(1) of section 20;
if) any person who is or has been a chairperson or member or officer or employee in any body or Board Of corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an Act of Parliament or wholly or partly financed by the Central Government or controlled by it:
4l) of 1988
Provided,that in -respect of such officers referred loin Clause -(d) who have
served in connection with the affairs of the Union or Board of corporation
or authority 'or company or society or trust or autonomous body referred to in clause
(e) but are working in connection with the affairs of the State or any body or Board
or corporation or .authority or Gompanyor society or trust or autonomous body (by whatever name, called): established by an Act of the State Legislature or wholly or partly financed by the State Government or controlled by it, the Lokpal and the officers of its Inquiry Wing or -Prosecution Wing shall have jurisdiction under. this Act in
respect of such officers only after obtaining the consent of the concerned State Government;
(g) any person who is or has been a director, manager, secretary or another officer of every other society or association of persons or trust (whether registered under any 'law for the time being in force or not), by whatever name called, wholly or partly financed by the Government and the annual income of which exceeds such amount as the Central Government may, by notification, specify;
(11) any person who is or has been a director, manager, secretary or other of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from any foreign source under the Foreign Contribution (Regulation) Act. 2010 in excess of ten lakh
rupees in a year or such higher amount as the Central Government may, by notification, specify.
Explanation-For the purpose of clauses (I) and (g), it is hereby clarified that any entity or institution, by whatever name called, corporate, society, trust, association of persons. partnership, sole proprietorship, limited liability partnership (whether registered under an)' law for the time being in force or not), shall be the entities covered in those clauses:
Provided that any person referred to in this clause shall be deemed to be a public'
servant under clause (e) of section 2 of the Prevention of Corruption Act, 1988, and the provisions of that Act shall apply accordingly.
42 or 2010.
49 of 19Xk
4Y of 1988
60 of 1952.
~y of 1988.
(2) Notwithstanding anything contained in sub-section (1), the Lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any member of either House of Parliament in respect of anything said or a vote given by him in Parliament or any committee thereof covered under the provisions contained in clause (2) of Article 105 of the constitution.
(3) The Lokpal may inquire into any act or conduct of any person other than those referred to in sub-section (I), if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the Prevention of Corruption Act, 1988 against a person referred to in sub-section (1):
Provided that no action under this section shall be taken in case of a person serving in connection with the affairs of a State, without the consent of the State Government.
(4) No matter in respect of which a complaint has been made to the Lokpal under this Act, shall be referred for inquiry under the Commissions inquiry Act, 1952.
.Explanation. -For the removal of doubts, it is hereby declared that a complaint under this Act shaH only relate to a period during which the public servant was holding or serving in that capacity.
IS. In case any matter or proceeding related to allegation of corruption under the
Prevention of Corruption Act, 1988 has been pending before any court or committee of either
House of Parliament or before any other authority prior to commencement of this Act or prior
to commencement of any inquiry after the commencement of this Act, such matter or authority for
SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 9
the proceeding shall be continued before such court, committee, or authority. 16. (1) Subject to the provisions of this Act,-
(a) the jurisdiction of the Lokpal may be exercised by Benches thereof;
(b) a bench may be constituted by the Chairperson with two or more Members as
. the Chairperson may deem fit;
(c) every bench shall ordinarily consist of at least one Judicial Member;
(d) where a bench consists of the Chairperson, such bench shall be presided over by the Chairperson;
(e) where a bench consists of a judicial Member, and a non-Judicial Member, not being the Chairperson, such bench shall be presided over by the Judicial Member;
(f) the benches of the Lokpal shall ordinarily sit at New Delhi and at such other places as the Lokpal may, by regulations, specify.
(2) The Lokpal shall notify the areas in relation to which each bench of the Lokpal may exercise jurisdiction.
(3) Notwithstanding anything contained in sub-section (2), the Chairperson shall have the power to constitute or reconstitute benches from time to time.
(4) If at any stage of the hearing of any case or matter it appears to the Chairperson or a Member that the case or matter is of such nature that it ought to be heard by a bench consisting of three or more Members, the case or matter may be transferred by the Chairperson or, as the case may be; referred to him for transfer, to such bench as the Chairperson may
deem fit. inquiry not to be affected.
Constitution of benches of Lokpal.
Matters pending herein any court or committee or
Distribution of business
amongst.
Power of Chairperson to transfer cases.
The decision to be by majority.
Provisions relatin~ to complaints and preliminary inquiry and investigation.
10 THEGAZETTEOFINDIAEXTRAORDINARY [PARTII-
17. Where benches are constituted, the Chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the Lokpal amongst the benches and also provide for the matters which may be dealt with by each bench.
18. On an application for transfer made by the complainant or the public servant, the Chairperson, after giving an opportunity of being heard to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other bench.
19. If the Members .0La bench consisting of an even number-of Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Lokpal and such point or points shall be decided according to the opinion of the majority of the Members of the Lokpal who have heard the case, including those who first heard it.
CHAPTERVll
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION
20. (l) The Lokpal on receipt of a complaint, if it decides to proceed further, may order-
(a) preliminary inquiry against any public servant by its Inquiry Wing or any agency (including the Delhi Special Police Establishment) to ascertain whether there exists a prima facie case for proceeding in the matter; or
(b) an investigation by any agency (including the Delhi Special Police Establishment) when there exists case:
Provided that the Lokpal shall decide to proceed with the preliminary inquiry, by general or special order, refer the complaints or a category of complaints.
Provided further that the Central Vigilance Commission .inT.espect of-complaints referred to it under the first proviso, after making preliminary inquiry in respect to a public servant. lts belonging to Group A: and ~GroupB: shall; submit its repOrt to the Lokpii'lln 'accordance with the provisions contained in sub-sections (2) and (4) and in case of public servants belonging to Group C and GroupD, the Commission shall proceed in accordance ~ittithe provisions of the Central Vigilance Commission Act, 2003:
Provided also that before ordering an investigation under clause (b), the Lokpal shall call for the explanation of the public servant so as to determine whether there exists a prima facie case for investigation:
Provided also that the seeking of explanation from the public servant before an investigation shall not interfere with the search and seizure, if any, required to be undertaken by any agency (including the Delhi Special Police Establishment) under this Act.
(2) During the preliminary inquiry referred to in sub-section (I), the Inquiry Wing or any agency (including the Delhi Special Police Establishment) shall conduct a preliminary inquiry and on the basis of material, information and documents cOllected seek the comments on the allegations made in the complaint from the public servant and the competent authority and after obtaining the comments of the concerned public servant and the competent authority, submit, within sixty days from the date of receipt of the reference, are port to the Lokpa!.
(3) A bench consisting of not less than three Members of the Lokpal shall consider every report received under sub-section (2) from the Inquiry Wing or any agency (including the Delhi Special Police Establishment), and after giving an opportunity of being heard to the public servant decide whether there exists a prima facie case, and proceed with one or more of the following actions, namely:-
(0) investigation by any agency or the Delhi Special Police Establishment, as the case may be:
(b) initiation of the departmental proceedings or any other appropriate action against: the concerned public servants by the competent authority;
(c) closure of the proceedings against the public servant and to proceed against the complainant under section 46~
45 of 2003
. 45 of 2003
THE GAZETTE OF INDIA EXTRAORDINARY
(4)Every preliminary inquiry referred to in sub-section (I) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt of the complaint.
(5) In case the Lokpal decides to proceed to investigate into the complaint, it shall direct any agency (including the Delhi. Special Police Establishment) to carry out the investigation as expeditiously as possible and complete the investigation within.a period of six months from the date' of its order:
Provided that the Lokpal 'may extend the said period by a further period not exceeding six months at a time for the reasons to be recorded in writing.
(6) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any agency (including the Delhi Special Police Establishment) shall, in respect of cases referred to it by the Lokpal, submit the investigation report under that section to the court having jurisdiction and forward atopy thereof to the Lokpal
(7)A bench consisting of not less than three members of the Lokpal shall consider every report received by it under sub-section (6) from any agency (including the Delhi Special Police Establishment) and after obtaining the comments of the competent authority and the public servant may-
(a) grant sanction to its Prosecution Wing or investigating agency to file charge- sheet or direct the closure of report before the Special Court against the pub] ic servant;
. (b) direct the competent authority to initiate the departmental proceedings or any other appropriate action against the concerned public servant.
(8) The Lokpal may, after taking a decision under subsection (7) on the filing of the charge-sheet, direct its Prosecution Wing or any investigating agency (including the Delhi Special Police Establishment) to initiate prosecution in the Special Court in respect of the casC&investigated by the agency.
(9) The Lokpal may, during the preliminary inquiry or the investigation, as the case may be, pass appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation as it deems fit.
(10) The website of the Lokpal shall, from time to time and in such manner as may be. specified by regulations, display to the public, the status of a number of complaints: pending: before it or disposed of by it
{Il) The Lokpal may retain the original records and evidence which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it by the Special Court.
(/2) Save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or investigation (including such material and documents to be made available to the public servant) under this Act, shall be such as may be specified by regulations.
21. If, at any stage of the proceeding, the Lokpal-
(a) considers it necessary to inquire into the conduct of any person other than the accused; or
(b) is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the preliminary inquiry,
the Lokpal shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to produce evidence in his defence, consistent 'with the principles of natural justice.
II
Lokpal ma~.. require any public servant or any other person to furnish information. etc.
Power of Lokpal to grant sanction for initiating prosecution.
22. Subject to the provisions of this Act, for the purpose of any preliminary inquiry or investigation, the Lokpal or the investigating agency, as the case may be, may require any public servant or any other person who, in its opinion, is able to furnish furnish or produce documents relevant to such preliminary inquiry or investigation, to furnish any such information or produce any such document,
23. (1) Notwithstanding anything contained in section 197 of the Code of Criminal Procedure, 1973 or section 6A of the Delhi Special Police Establishment Act, 1946 or section 19 of the Prevention of Corruption Act, J 988,the Lokpal shall have the power to grant sanction for prosecution under clause (a) of sub-section (7) of section 20.
. (2) No prosecution under sub-section (1) shall be initiated against any public servant accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, and no court shall take cognizance of such offence except with the previous sanction of the Lokpal.
(3) Nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding office in pursuance of the provisions of the Constitution and in respect of which a procedure 60r removal of such person has been specified therein.
(4) The provisions contained in sub-section (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the Constitution.
24. Where, after the conclusion of the investigation, the findings of the Lokpal disclose the commission of an offence under the Prevention of Corruption Act, !988 by a public servantTefen'ed1ojn clause (a}or clause (b) or clause (.c)-of sub-section (1) of section 14, the Lokpal.mayiiJea case in the Special-Court and shall send a copy of the response together with its filll~ing~to the- competent authority.
CHAPTER Vlll POWERS OF LOKPAL
25. (I) The Lokpal shall, notwithstanding anything contained in section 4 of the Delhi Special Police Establishment Act, 1946 and section 8 of the Central Vigilance Commission Act, 2003, have the powers of superintendence over, and to give direction to the Delhi Special Police Establishment in respect of the matters referred by the Lokpalfor preliminary inquiry or investigation to the Delhi Special Police Establishment under this Act:
Provided that while exercising powers of superintendence or giving direction under this sub-section, the Lokpal shall. not exercise powers in such a manner so as to require any agency (including the Delhi Special Police Establishment) to whom the investigation has been given, to investigate and dispose of any case in a particular manner.
(2) The Central Vigilance Commission shall send a statement, at such interval as the Lokpal may direct. to the Lokpal in respect of action taken on complaintsrefeiTed to it under the second proviso to sub-section (I) of section 20 and on receipt of such statement. the Lokpal may issue guidelines for effective and expeditious disposal of such cases.
(3) Any officer of the Delhi Special Police Establishment investigating a case referred to it by the Lokpal, shaH not be transferred without the approval of the Lokpal
(4) The Delhi Special Police Establishment may, with the consent of the Lokpal, appoint a panel of Advocates, other than the Government Advocates, for conducting the cases referred to it by the Lokpal.
Supervisory powers of Lokpal.
49 of 1988
12 THEGAZETTEOFINDIAEXTRAORDINARY [PARTIl-
25 of 1946 45 of 2003.
5 to 1908.
Lokpal 10 have .powers of civil court in certain cases.
45 of 1860
THE GAZETTE OF INDlA EXTRAORDINARY
13
SEC. 1]
(5)The Central Government may from time to time make available such funds as may be required by the Director of the Delhi Special Police Establishment for conducting effectively. investigation into the matters referred to it by the Lokpal and the Director shall be responsible for the expenditure incurred in conducting such investigation.
26. (l) If the Lokpal has reason to believe that any document which, in its opinion, shall be useful for, or relevant to, any investigation under this Act, are secreted in any place, it may authorise any agency (including the Delhi Special Police Establishment) to whom the investigation has been given to search for and to seize such documents.
(2) If the Lokpal is satisfied that any document seized under sub-section (1) maybe used as evidence for the purpose of any investigation under this Act and that it shall be necessary to retain the document in its custody or in the custody of such officer as may be authorised, it may so retain or direct such authorised officer to retain such document till the
completion of such investigation:
Provided that where any document is required to be returned, the Lokpal or the authorised offIcer may return the same after retaining copies of such document duly authenticated.
27. (1) Subject to the provisions of this section, for the purpose of any preliminary inquiry, the Inquiry Wing of the Lokpal shall have all the powers of a civil court, under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:-
(i) 'summoning and enforcing the attendance of any pe(son and examining him on oath;
(ii) r.equiring the discovery and production of any document;
(iii) receiving evidence on affidavits; .
(iv) requisitioning any public record or copy thereof from any court or office;
(v) issuing commissions for the examination ofwit)1esses or documents:
Provided that such cO\pmissien, in case of a witnes~, shall be issued only where the witness, in the opinion of the Lokpal, is not in a position tf'Jattend the proceeding before the Lokpal; and
(vi) such other matters as may be pl'escribed.
(2) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding within the meaning of section 193 ofthe Indian Penal Code.
.28. (l) The LoklJal may, for the purpose of co.nducting any preliminary inquiry or investigation, utilise the services of any officer or organisation or investigating agency of the Central Government or any State Government, as the case may be.
(2) For the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry or investigation, any officer or organisation or agency whose services are utilised under sub-section (1) may, subject to the superintendence and direction of the
Lokpal,-
(a) summon and enforce the attendance of any person and examine him; (b) require the discovery and production of any document: and
(c) requisition any public record or copy thereof from any office.
(3) The officer or organisation or agen~y whose services are utiiised under sub-section (2) shall inquire or, as the case may be, investigate into any matter pertaining to the preliminary inquiry. or investigation and submit a report thereon to the Lokpal within such period as may
be specifIed by it in this behalf.
29. (1) Where the Lokpal or any officer authorised by it in this behalf, has reason to believe. the reason for such belief to be recorded in writing, on the basis. of material! in his possession. that-
(a) any person is in possession of any proceeds of corruption;
Provisional attachment of asset, Search, and seizure. Power of Lokpal to utilise services of officers of Central or State Government.
.".~ -~:;:-..-....--~-~._--
Confirmation or attachment of assets receipts and benc1its arisen 0: procured by ln case of corruption in specIal Clrculllstances.
14
the Lokpal or the authorized officer may by ordering writing, provisionally attach such property for a period riot exceeding ninety d~ys from the date of the order, in the manner provided in the Second Schedule to the Income Tax Act, 1961 imdtheLokpal and the officer shall be deemed to be an officer under sub" rule{e) of J of that Schedule.
(2) The Lokpal or the officer authorised in this behalf shall, immediately after attachment under-sub~section (1), forward a copy of the order, a: long with the material in his possession, referred to in that sub-section, to the Special Court, in a sealed envelope, in the manner as may be prescribed and such Court. may extend the order of attachment and keep such material for such period as the Court may deem fit.
(3) Every order of attachment made under sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed.bytheSpecial Court under sub-section (2).
(4) Nothing in this section shall prevent the person interested in the enjoyment of the ' immovable property attached under subsection (l)or sub-section (2), from such enjoyment.
Explanation.-For the purposes of this sub-seCtion, ."person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property.
30, (I) The Lokpal, when it provisionally attaches any property under sub-section (I) of section.29 'shall? within the period of thirty days of such attachment, directs Prosecution Wing to file an application stating the facts of such attachment before the Special Court and make a prayer for confirmation of attachment of the property till completion of the proceedings against the 'public servant' in the Special Court.
..
(2) The Special Court may, if it is of the opinion that the property provisionally attached had been acquired through corrupt means, make an order for confirmation of attachment of such property till the completion of one proceedings against the public servant in the. Special Court.
(3) If the public servant is subsequently acquitted of the charges framed against him, the property, subject to the orders of the Special Court, shall beTestored to the concerned public servant along with benefits from such property as might have accrued during the period of attachment. ,
(4) If the public servant is subsequently convicted of the charges of corruption, the proceeds relatable to the offense under the Prevention of Corruption Act, 1988 shall be confiscated and vest in the Central Government free from any encumbrance or leasehold interest excluding any debt due to any bank or financial institution.
Explanation.-For the purposes of this sub-section, the expressions "bank", "debt" and "financial institution" shall have the meanings respectively assigned to them in clauses(d), (g) and (h) of section 2 of the Recovery of Debts Due to Banks and Financial Institutions. Act. 1993.
31. (I) Without prejudice to the provisions of sections 29 and 30, where the Special Coun, on the basis of prima facie evidence, has reason to believe or is satisfied that the assets, proceeds, receipts, and benefits, by whatever name called, have arisen or procured by means of corruption by the public servant, it may authorise the confiscation of such assets, proceeds, receipts and benefits till his acquittal.
(2) Where ail order of confiscation made under sub-section (I) is modified or annulled by the High Coun or where the public servant is acquitted by the Special Court, the assets. proceeds. receipts and benefits. confiscated under sub-section (I) shall be returned to such
THE GAZETTE OF INDIA EXTRAORDINARY [PART11- (b) such person is accused of having committed an offence relating to corruption;
and
(c) such proceeds of offence are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence,
43 of 196
49 01 1988.
2 or 1974
(2) The Special Courts constituted under sub-section (I) shall ensure completion of each trial within a period of one year from the date of filing of the case in the Court:
Provided that in case the trial cannot be completed within a pe.riod of one year, the Special Court shall record reasons therefor and complete the trial within a further period of not more than three months or such further periods not exceeding three months each, ror reasons to be recorded in writing before the end of each such three months period, but not
exceeding a total period of two years.
.
THE GAZETTE OF INDIA EXTRAORDINARY
15
SEC. 1]
public servant, and in case it is not possible for any reason to return the assets, proceeds, receipts and benefits, such public servant shall be paid the price thereof including the money so confiscated with interest at the rate affive per cent. per annum thereon calculated from the date of confiscation .
.32. (1) Where the Lokpal, while making a preliminary inquiry into allegation's of corruption, is prima facie satisfied, on the basis of evidence available,-
(i) that the continuance ofthe public servant referred to in clause (d) or clause (e) or clause (j) of sub-section (1) of section 14 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry adversely; or
(ii) such public servant is likely to destroy or in any way tamper with the evidence or influence witnesses,
then, the Lokpal may recommend to the Central Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order.
(2) The Central Government shall ordinarily accept the recommendation of the Lokpal made under sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible to do so for administrative reasons.
33. The Lokpal may, in the discharge of its functions under this Act, issue appropriate directions to a public servant entrusted with the preparation or custody of any document or record-
(a) to protect such document or record from destruction or damage: or
(b) to prevent the public servant from altering or secreting such document or
record; or
Power of Lokpal to recommend transfer or suspension of
(e) to prevent the public servant from transferring or alienating any as acts allegedly acquired by him through corrupt means.
34. The Lokpal may, by general or special order in writing, and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its Members or officers or employees as may be specified in the order.
CHAPTER IX •. SPECIAL COURTS
35. (I) The Central Government shall constitute such number of Special Courts, as recommended by the Lokpal, to hear and decide the cases arising out of the Prevention of Corruption Act, 1988 or under this Act.
constituted Central Government.
by
Letter or Procedure, 1973 if, in the course of a preliminary inquiry or investigation into an offence or . request to a
36. (l) Notwithstanding anything contained in this Act or the Code of Criminal another proceeding under this Act an application is made to a Special Court by an officer of the
contracting
Lokpal authorized in this behalf that any evidence is required in connection with the preliminary inquiry or investigation into an off~nce or proceeding under this Act and he' is of the opinion that such evidence may be available in any place in a contracting State, and the Special Court, on being satisfied that such evidence is required in connection with the preliminary)'.
Removal and suspension of Chairperson
and Members of Lokpal.
'inquiry or investigation into an offense or proceeding under this Act may issue a letter of request to a court or an authority in the contracting State competent to deal with such request to--
(i) examine the facts and circumstances of the case;
(ii) take such steps as the Special Court may specify in such letter of request; and
(iiI) forward all the evidence is so taken or collected to the Special Court issuing such letter of request.
(2) The letter of request shall be transmitted in such manner as the Central Government may prescribe in this behalf.
(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be evidence collected during the course of the preliminary inquiry or investigation.
CHAPTER X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPAL
37. (I) The Lokpal shall not inquire into any complaint made against the Chairperson or any Member.
(2) Subject to the provisions of sub-section (4), the Chairperson or any l\.1ember shall be ren~oyed from his office by order of the President on grounds of misbehavior after the Supreme Court reference being made to it by the"Presidentonapetition signed by at least one hundred Members of Parliament has, on an inquiry held in accordance with the procedure 'prescribed in behalf, reponed that the Chairperson or such Membe:', as the case may be, ought to be removed on"such ground.
(3) The President may suspend from office the Chairperson or any Member in respect of whom a reference has been made to the Supreme Court under sub-section (2), on r~ceipt of the recommendation or interim order made by the Supreme Court in this regard until the President has passed orders on receipt of the final report of the Supreme Court on such reference.
(4) Notwithstanding anything contained in sub-section (2), the President may, 'by order, remove from the office, the Chairperson or any Member If the Chairperson or such Member, as the case may be,-
(0) is adjudged an insolvent; or
(b) engages, during his tern1 of office, in any paid employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
. (5) of the Chairperson Orany Member is, or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India 01" the Government of a State or participates in any way in the. profit thereof or in any benefit or emolument arising therefrom. otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (2), be deemed to be guilty of misbehavior.
16 THEGAZETTEOFINDIAEXTRAORDINARY [PART1I-
49 of 1988.
38. (J) Every complaint of allegation or wrongdoing made against any officer or employee. or agency (including the Delhi Special Police Establishment), under or associated with the Lokpal for an offence punishable under the Prevention of Corruption Act, 1988 shall be dealt
within accordance with the provisions of this section.
(2) The Lokpal shall complete the inquiry into the complaint or allegation made within a period of thirty days from the date of its receipt.
(3) While making an inquiry into the complaint against any officer or employee ofthe Lokpal or agency engaged or associated with the Lokpal, if it is prima facie satisfied on the basis of evidence available, that- .
(a) continuance of such offIcer or employee ofthe Lokpal or agency engaged or associated in his post while conducting the inquiry is likely to affect such inquiry adversely; or
(b) an officer or employee of the Lokpal or agency engaged or associated is likely to destroy or in any way tamper with the evidence or influence witnesses,
then, the Lokpal may, by order, suspend such officer or employee of the Lokpal or divest such agency engaged or associated with the Lokpal of all powers and responsibilities hereto before exercised by it . .
Complaints against oficials of Lokpal.
49 of i 988
(4) On the completion of the inquiry, if the Lokpal is satisfied that there is prima facie evidence of the commission of an offense under the Prevention of Corruption Act, 1988 or of any wrongdoing, it shall, within a period of fifteen days of the completion of such inquiry.' order to prosecute such officer or employee of the Lokpal or such officer; employee, agency
engaged or associated with the Lokpal and initiate disciplinary proceedings against the official concerned:
Provided that no such order shall be passed without giving such officer or employee of the Lokpal, such officer, employee, agency engaged or associated, a reasonable opportunity Qfbeing heard.
CHAPTER XI
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT
39. If any public servant is convicted of an offense under the Prevention of Corruption
Act, 1988 by the Special Court, notwithstanding and without prejudice to any law for the time
being in force, it may make an assessment of loss, if any, caused to the public exchequer on
account of the actions or decisions of such public servant not taken in good faith and for Special Coun. which he stands convicted, and may order recovery of such loss, if possible or quantifiable,
4') of j 988
Assessment of loss and r~covery thereof by
SEC 1]
THE GAZETTE OF INDIA EXTRAORDINARY 17
from such public servant so convicted:
Provided that if the Special Court, for reasons to be recorded in writing, comes to the conclusion that the loss caused was pursuant to a conspiracy with the beneficiary or beneficiaries of actions or decisions of the public servant so convicted, then such loss may,
if assessed and quantifiable under this section, also be recovered from such beneficiary or beneficiaries proportionately.
CHAPTER Xl! FINANCE, ACCOUNTS, AND AUDIT
40. The Lokpal shall prepare, in slIch form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Lokpa\ and forward the same to the Central Government for information.
41. The Central Government may, after due appropriation made by Parliament by law on this behalf, make to the Lokpal grants of such sums of money as are required to be paid for the salaries and allowances payable to the Chairperson and Members and the administrative
expenses. including the salaries and allowances and pension payable to or in respect of officers and other employees of the Lokpal.
Budget
Grants by Central Governmc.11l.
Annual statement of accounts _
42. (1) The Lokpal shall maintain proper accounts and other relevant records and prepare an annual statement of accounts -in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Lokpal shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him.
(3) The Comptroller and Auditor-General of India or any person appointed by him in connection with the audit of the accounts of the Lokpal under this Act shall have the same rights, privileges, and authority in connection with such audit, as the Comptroller and Auditor- General ofl:1dia generally has, in connection with the audit 6fthe Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Lokpal
(4) The accounts of the Lokpal, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and the Central Government shall cause the same to be laid before each House of Parliament.
43. The Lokpal shall furnish to the Central Government, at such time arid in such form and minerals may be prescribed or as the Central Government-may request,' such returns and statements and such particulars in regard to any matter under the jurisdiction of the Lokpal. as the Central Government may, from time to time, require.
CHAPTER XIII DECLARATION OF SETS
44. (1) Every public servant shall make declaration of his assets and liabilities in the manner as provided by or under this Act.
(2) A public servant shall, within a period of thirty days from the date 011which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority the information relating to-
(a) the assets of which he, his spouse and his dependent children are, jointly or_- severally, owners or beneficiaries;
(b) his liabilities and that of his spouse and his dependent children.
(3) A public servant holding his office as such, at the time of the commencement of this Act. shall furnish information relating to such assets and liabilities, as referred to in sub-section (2), to the competent authority within thirty days of the coming into force of this Act.
(4) Every public servant shall file with the competent authority, on or before the 3 1st July of every year, an annual return of such assets and liabilities, as referred to in subsection (2). as on the 3 Ist March of that year.
(5) The information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the competent authority in such and in such manner as may be prescribed.
(6) The competent authority in respect of each Ministry or Department shall ensure that all such statements are published on the website of such Ministry or Department by 3 ISl August of that year.
Explanation.-For the purposes of this section, "dependent children" means sons and daughters who have no separate means of earning and are whole); dependent on the public servant for their livelihood.
18 THE GAZETTE OF INDIA EXTRAORDINARY
[PART 11-
45 of 1860.
Explanation. -F or the purpose of this sub-section, the expression" good faith" means any act believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake of fact believing himself justified by law under section 79 of the
Indian Penal Code.
47. (1) Where any offence under sub-section (1) of section 46 has been committed by any society or association of persons or trust twhether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the society or association of persons or trust, for the conduct of the business or affairs or
activities of the society or association of persons or trust as well as such society or association of persons or trust shall be deemed to be guilty of the offence and shal! be liable to be proceeded against and punished accordingly:
Provided that nothing contained in t\lis sub-section shall render any such person liahle to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (l), where an offence under this Act has been committed by a society or association of persons or trust (whether registered or not) and it is proved that the offence has been committed with the consent or
SEC. 1] THE GAZETTE OF INDlA EXTRAORDINARY
45. If any public servant wilfully or for reasons which are not justifiable, fails to-
(a) to declare his assets; or
(b) gives misleading information in respect of such assets and is found to be in possession of assets not disclosed or in respect of which misleading information was furnished,
then, such assets shall, unless otherwise proved, be presumed to belong to the public, servant and shall be presumed to be assets acquired by corrupt means:
Pr~)\~idedthat the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceeding such minimum value as may be prescribed.
CHAPTER XlV
OFFENCES
AND PENALTIES
Presumption
as to acquisition of assets by corrupt
means in certain cases
Prosecution
for false complaint and payment of compensation; etc., to a public servant.
False complaint made by society or association of persons or trust.
Lokpal.
Limitation to apply in certain cases.
Bar of JurisdIction.
Provisions of the connivance of, or is attributable to any neglect on the part of; any director, manager, secretary. or another officer of such society or association of persons or trust, such director, manager, secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
CHAPTER 'XV MISCELLANEOUS
48. It shall be the duty of the Lokpal to present annually to the President a report on the work done by the Lokpal and on receipt of such report the President shall cause a copy thereof together with a memorandum .explaining, in respect of the cases, if any, where the advice of tile Lokpal was not accepted, the reason for such non-acceptance to be laid before each House of Parliament.
49. The Lokpal shall function as the final appellate authority in respect of appeals 'arising out of any other law for the time being in force providing for delivery of pub Iic services and redressal of public grievances by any public authority in cases where the
.decision contains findiQgs of corruption under the Prevention of Corruption Act, 1988.
49 oj
1931\
20 THE GAZETTE OF INOlA EXTRAORDINARY [PART11-
50. No'suit, prosecution or otheriegaLproceedings
. public-servant, in 'respect of anything which is done in good faith or intended to be done in
under this Act shall lie against any the -discharge of his official functions orcin exercise of his powers.
51. No suit prosecution or other legal proceedings shall lie against the Lokpal or against any officer, employee, agency, or any person, in respect of anything, which is done in good faith or in~nded to be done under this Act or the rules or the regulations made thereunder.
52. The Chairperson, Members, officers and other employees of the Lokpal shall be deemed. when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.
53. The Lokpal shall not inquire or investigate into any complaint if the complaint is made after the expiry of a period of seven years from the date on which the offense mentioned in such complaint is alleged to have be~n committed.
54. No civil court shall have jurisdiction in respect of any matter which the Lokpal is empowered by or under this Act w determine.
55. The Lokpalshall provide to every person against whom a complaint has been made, before it, under this Act, legal assistance to defend his case before the Lokpal, if such assistance is requested for.
56. The provisions of this Act shall have effect notwithstanding anything inconsistent then with contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
57. The provisions of this Act shall be in addition to, and not in derogation of, any
THE GAZETTE OF INDIA EXTRAORDfNARY
SEC. 1]
58. The enactments specified in the Schedule shall be amended in the manner specified
therein.
59. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form of complaint referred to in clause (e) of sub-section (1) of section 2: ..(b) the term of the Search Committee, the fee and allowances payable to its
members and the manner of selection of a panel of names under sub-section (5) of section 4;
Amendment of certain enactments.
Power to make rules.
(c) the post or posts in respect of which the appointment shall be made after consultation with the Union Public Service Commission under the proviso to sub-
. section (3) of section 10;
(d) other matters for which the Lokpal shall have the powers. of a civil court
under clause (vi) of sub-section (I) of section 27;
(e) the manner of sending the order of attachment along with the material to the
Special Court under sub-section (2) of section 29;
if) the manner of transmitting the letter of request under sub-section (2) of section 36;
(g) the form and the time for preparing. in each financial year the budget for the next financial year, showing the estimated receipts and expenditure of the Lokpal
under section 40;
(h) the form for maintaining the accounts and other relevant records and the form of annual statement of accounts under sub=section (1) of section 42;
(i) the form and manner and the time for preparing the returns and statements along with particulars under section 43;
U) the form and the time for preparing an annual return giving a summary of its activities during the previous year under sub-section (5) of section 44:
(k) the form of annual return to be filed by a public servant under sub-section (5) of section 44;
(I) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to
, section 45:
(m) any other matter which is to be or maybe prescribed.
60. (1) Subject to the provisions of this Act and the rules made thereunder, the Lokpal may, by notification in the Official Gazette, make regulations to carry out the provisions of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-,-
(a) the conditions of service of the secretary and other officers and staff of the Lokpal and the matters which in so far as they relate to salaries, allowances, leave or pensions, require the approval of the President under sub-section (4) of section j 0;
(b) the place of sittings of benches of the Lokpal under clause (j) of sub-section (I) of section 16;
Power of Lokpal to make regulations
Laying of rules and regulations.
(c) the manner for displaying on the website of the Lokpal, the status of all complaints pending or disposed of along with records and evidence with reference thereto under sub-section (i 0) of section 20;
(d) the manner and procedure of conducting preliminary inquiry or investigation under sub-section (If) of section 20;
(e) any other matter which is required to be, or maybe, specified under this Act.
61. Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions. and if, before the expiry)' of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation. or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter. have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
62. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to be necessary for removing the difficulty:
Provided that no such order shall.be made under this section after the expiry of a period of two years from the commencement of this Act.
.12). Every order made under this section shall be laid, as soon as may be after it is made .. before each House of Parliament.
Establishment -
PART lIT ESTABLISHMENT OF THE LOKAYUKTA
22
THE GAZETTE OF fNOlA EXTRAORDINARY
[PARTIl-
63, Every State shall establish a body to be known as the Lokayukt:: for the State, if not so established, constituted or appointed, by a law made by the state Legislature, to deal with complaints relating to corruption against certain public functionaries, within a period of OlJe year from the date of commencement of this Act.
[SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY 23
THE SCHEDULE
[See section 58) AMENDMENT TO CERTAIN ENACTMENTS PARTl
Amendment TO THE COMMISSIONS OF INQUIRY ACT, 1952 (60 OF 1952)
In section 3, in sub-section (1), for the words "The appropriate Government may", the Amendment words and figures "Save as otherwise provided in the Lokpal and Lokayuktas Act, 2013, the of section 3. appropriate Government may" shall be substituted.
PART II
AMENDMENTS TO THE DELHI SPECIAL POLlCE ESTABLISHMENT ACT, 1946 (25 OF 1946)
1. In section 4A,-
(i) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) The Central Government shall appoint the Director on the recommendation of the Committee consisting of~
(al the Prime Minister - Chairperson;
(b) the Leader of Opposition in the House of the People - Member:.
(e) the Chief Justice oflndia or Judge ofthe Supreme Court nominated by him - Member.":
(il) sub-section (2) shall be omitted.
2. After section 4B, the following section shall be inserted, namely:-_
"4BA. (I) There shall be a Directorate of Prosecution headed by a Director who shall be an officer not below the rank of Joint Secretary to the Government ofIndia, for conducting prosecution of cases under this Act.
(2) The Director of PiOsecution shall function under the overall supervision and control of the Director.
(3) The Central Government shall appoint the Director of Prosecution on the recommendation of the Central Vigilance Commission.
(4) The Director of Prosecution shall notwithstanding anything to the contrary contained in the rules relating to his conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes office." .
Amendment
of section 4.'\.
. 3, In section 4C. for sub-section (1), the following sub-section shall be substituted, Amendmen\
name\y:-
';(1) The Centra! Government shall appoint officers to the posts of the level of Superintendent of Pol ice and above except Director, and also recommend the extension or curtailment of the tenure of such officers in the Delhi Special Police Establishment, on the recommendation of a committee consisting of:-
(a) the Central Vigilance Commissioner - Chairperson;'
(b) Vigilance Commissioners - Members;
(c) Secretary to the Government of lndia in charge of the Ministry of Home - Member:
of section 4C
Insertion of new sectioil 4BA.
Director of Prcsecution.
Amendmcnt
of scctions 7. c,4 and 12
Amendment or ~.~ction ].3
Amendment
of sect ion 14
Amendment
of section 1~
Amcndlnent
of section 1'J.
Amendment of section
197.
Amcndmcm 'ofscction 2.
Amcndnlcnl
or scclion S.
l. In sections 7, 8, 9 and section 12,-
(a) for the words "six months", the words "three years" shall respectively be substituted;
(b) for the words "five years", the words "seven years" shall respectively be substituted.
2. In section 13, in sub-section (2),-
(a) for the words "ene year", the words "four years" shall be substituted:
(b) for the words "seven yee;trs", the words "ten years'~ shall be substituted. J.In section J4,-
(0) for the words "two years", the words "five years" shall be substituted;
(b) for the words "seven years", the words "ten years" shall be substituted.
4. In section IS, for the words "which may extend to three years",'the words "which
24
THE GAZETTE OF INDIA EXTRAORDINARY
(d) Secretary to the Government oflndia in charge of the Department of
Personnel - Member:
Provided that the Committee shall consult the Director before submitting its recommendation to the Centra] Government.".
PART III
AMENDMENTS TO THE PREVENTION OF CORRUPTION ACT, 1988 (490i 1988)
shall not be less than two years but which may extend to five years" shall be substituted.
5. In section 19, after the words "except with the previous sanction". the words "save as otherwise provided in the Lokpal and Lokayuktas Act, 2013" shall be inserted.
PART!V
AMENDMENT TO THE.cODE eli:CRIM[NAL PROCEDURE, 19T3 (20F 1974)
In section 197, after the words "except with the previous sanction", the words "save as otherwise provided in the Lokpal and Lokayuktas Act, 2013" shall be inserted.
PART V
AMENDMENTS TO THE CENTRAL VIGILANCE COMMISSION ACT, 2003
(45 m2003)
1, In section 2, after clause (d), the following clause shall be inserted, namely:--
'(do) "Lokpal" means the Lokpal established under sub-section (I) of section :; of the Lokpal and Lokayuktas Act, 2013;'.
2. In section 8, in sub-section (2), after clause (b), the following clause shall be inserted, namely:-
"(e) on a reference made by the Lokpal under proviso to sub-section (1) of section 20 of the Lokpal and LokayuktasAct, 20 13, the persons referred toin clause (d) of sub-section (I) shall also include-
(i) members of Group B, Group C and Group 0 services of the Central Government;
(ii) such level of officials Of staff of the corporations established by or under any Central Act, Government companies, societies and other local authorities, owned or controlled by the Central Government, as that Government may, by notification in the Official Gazette, specify in th)s behalf:
Provided that till such time a notification is issued under this clause, all officials or staff of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred in clause (d) of sub-section (1) ".
[PARTII]
49 of 1988
inquiry in Central Government, the findings of the Commission disclose, after giving an relation to
opportunity of being heard to the public servant, a prima facie violation of conduct public servants.
rules relating to corruption under the Prevention of Corruption Act, 1988 by such public servant, the Commission shall proceed with one or more of the following actions, namely:~
(a) cause an investigation by any agency or the Delhi Special Police Establishment, as the case may be:
(b) initiation of the disciplinary proceedings or any other appropriate action against the concerned public servant by the competent authority;
(c) closure of the proceedings against the public servant and to proceed against the complainant under section 46 of the Lokpal and Lokayuktas Act, 2013.
(2) Every preliminary inquiry referred to in sub-section (1) shall ordinarily be. completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt of the complaint.
2 of 1974
SEC. 1]
THE GAZETIE OF INDIA EXTRAORDINARY 25 3. After section 8, the following sections shall be inserted, namely:-
"8A. (I) Where, after the conclusion of the preliminary inquiry'relating to Action on corruption of public servants belonging to Group C and Group 0 officials of the preliminary
8B. (1) In case the Commission decides to proceed to investigate into the Action on complaint under clause (a) of sub-section (I) of section 8A, it shall direct any agency investigation
in n:iatiun to (including the Delhi Special Police Establishment) to carry out the investigation as public
expeditiously as poss~ble and complete the investigation within a period nfsixmonths from the date Mits order and suomit the investigation report contairiing its findings to the Commission:
Provided that the Commission may extend the said period by a further period of six months for the reasons to be recorded in writing.
(2) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any agency (including the Delhi Special Police Estab Iishment) shall, in respect of cases referred to it by the Commission, submit the investigation report to the Commission.
(3) The Commission shall consider every report received by it under sub-section (2) from any agency (including the Delhi Special Police Establishment) and may decide as to-
(a) file charge-sheet or closure ~eport before the SpecialCourt against the public servant;
(b) initiate the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority.".
servants,
4.Aftersection11,thefollowingsectionsha\\beinserted,nameIy':-
"II A. (1) There shall be a Director of lnquiry, not below the rall\; of Joint Secretary' DireclOr of
to the Government of India, who shall be appointed by the Central Government for Inquin' for making
conducting, preliminary inquiries referred to the Commission by the Lokpal. preliminary inquiry, Insertion of new sections 8A and 88.
26
THE GAZETTE OF INDIA EXTRAORDINARY
(2) The Central Government shall provide the Director of Inquiry such officers and employees as may be required for the discharge of his functions under th is Act.".
CORRIGENDA
In the Securities Laws (Amendment) Second Ordinance, 2013 (9 0(2013), as published in a Gazette ofIndia, Extraordinary, Part II, Section I, issue No. 32, dated the 16th September, 2013,-
1. At page 3, line 19,}or "the disgorge", read "to disgorge". 2. At:page 4,':-
(i) in line 4,101' "cluase" read "clause";
(ii) in line 12,101" "sub-clause", read "sub-cIauses" . ..
3. At page 6, line 15,for"purpose", read "purposes".
4. At page 8, line 43,/01' "sub-section", read "sub-sections". 5. At page J 0, line 24Jor "seeton", read "section".
CORRIGENDA
e
In the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in
Parliamentary and Assembly Constituencies (Third) Ordinance, 20 13 (lO of20 13), a<; published in the Gazetteof India, Extraordinary, Part 11, Section!, Issue No. 41, dated the 27th September, 2013,-
(i) at page 1, in the Preamble, in paragraph 3, in line 2Jo, "Parliament'., read "Parliamentary"; and
00 at page 4, in line 15,/01' "to any", read '''of any". CORRIGENDA
In the Indian Medical Council (Amendment) Second Ordinance. 2013 (I I of20 13), as published in the Gazette of India, Extraordinary, Paz1 !I. Section I, Issue No. 42, dated the :28tl1 September. 20]3,-
(/) at page 2, in line 32,101" "reprsentatives". read "representatives". (it) at page 3, in line 3,101' "provide", read "may provide".
(iii) at page 3, in line 40,/01' "sub-section", read "sub-sect~l?ns".
PRINTED BY DIRECTORATE OF PRINTING AT GOVERNMENT OF INDlAPRESS. MINTO ROAD. NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS. r:iELHl. 2013
GMGIPMRND-3844GI(S3)-D1-01-2014.
P.K MALHOTRA,
Secy to the Govt: of India.
Invitation of Applications for filling up of
the posts of Chairperson & Members of
Lokpal.
Ministry of Personnel, PublIc Grievances and Pensions
F.NoA07/06/2014-A VD-IV(B) GOVERNMENT OF INDIA
(Department of Personnel and Training)
Dated: 1i h January, 2014
Applications are invited for filling up one post of Chairperson and eight posts of Members in the Lokpal. Four posts of Members in the Lokpal shall be of Judicial Members and
four posts shall be of Members other than Judicial Member.
Qualifications
2. Section 3 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014) which contains the qualifications for these posts reads as under:
"3. (I) On and from the commencement of this Act, there- shall -be establ ished, for the purpose of this Act, a body to be called the "Lokpal". -
(2) The Lokpal shall consist of-
(a) a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme COUlt or an eminent person who fulfils the eligibility
specified in clause (b) of sub-section (3); and - (b) such number of Members, not exceeding eight out of whom fifty per cent.
shall be Judicial Members:
Provided that not less than fifty per cent. of the Members of the Lokpal shalL be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other
Backward Classes, Minorities and women. '
1
-fl'r)'f\ '€-J< VYe -If
~...., .-
North Block, New Delhi.
(3) A person shall be eligible to be appointed,-
(a) as a Judicial Member ifhe is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Couli;
(b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding abiIity having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
(4) The Chairperson or a Member shall not be-
(i) a member of Parliament or a member of the LegislatLire of any State or Union territory;
(ii) a person convicted of any offence involving moral turptitude;
(iii) a person of less than forty-five'years of age, on the date of assuming office as
the Chairperson or Member, as the case may be;
(iv) a member of any Panchayat or Municipality;
(v) a person who has been removed or dismissed from the service of the Union or
a State, and shall not hold any office of trust or profit (other than his office as the _ Chairperson or a Member) or be aftiliated with any political party or carry pn any business or practise any profession and, accordingly, before he enters upon his oftice, a person appointed as the Chairperson or a Member, as the case may be,
shall, if-
(0) he holds any office of trust or protit, resign from such office; or
Selection Procedure:
(b) he is carrying on any business, sever his connection with the conduct and management of such business; or
(c) he is practising any profession, cease to practise such profession.".
3. In terms of section 4(1) of the Lokpal and Lokayuktas Act, 2013, the Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of'-
2
(a) the Prime Minister-Chairperson;
(b) the Speaker of the House of the People-Member;
(c) the Leader of Opposition in the House of the People-Member;
(d) the Chief Justice of India or a Judge of the Supreme Court nominated by him-- Member;
(e) one eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the President--Member.
4. [n terms of section 4(3) of the Act, the selection for these posts shall be made on the basis of recommendations to be made by a Search Committee constituted Jor this purpose by the Selection Committee. The relevant rules relating to the Search Committee can be accessed at. www.persmin.nic.in
Tenure of the posts:
5.
Salary and Allowances:
In terms of section 6 of the Act, the Chairperson and every Member shall hold office as such far a term of five years from the date on which he/she enters upon his/her office or until he/she attains the age of seventy years, whichever is earlier.
6.
allowances and other conditions of service of-
In terms of section 7 of the Lokpal and Lokayuktas Act, 2013, the salary,
(i) the Chairperson shall be the same as those.ofthe Chief Justice of India,
(ii) other Members shall be the same as those of a Judge of the Supreme ~ourt.
Provided that if the Chairperson or a Member is, at the time of his appointment, in receipt of pension (other than disability pension) in respect of any previous service under the Government of India the Government of a State, his salary in respect of service as the Chairperson or, as the case may be, as a Member, be reduced -
3
(a) by the amount of that pension; and
(b) if he has, before such appointment, received, in lieu of a portion of the pension due to
him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension;
Provided further that the salary, allowances and pension payable to, and other conditions of service of, the Chairperson or a Member shall not be varied to his disadvantage after his appointment.
How to Apply:
7. The vacancies have been circulated to the Registrar of the Supreme Court, the Registrars. of High Courts, Chief Secretaries of State Governments and Secretaries in Central Government Departments and Ministries, calling for nomination of eligible candidates. The vacancies have also been advertised to directly invite applications from eligible candidates.
8. All applicants, whether nominated by any of the authorities specified in the preceding paragraph or those who are applying directly in response to the advertisement, must submit their applications in the prescribed proforma which is enclosed. Applications which are not in the prescribed proforma will be summarily rejected. The Application Form can also be downloaded from the Department of Personnel and Training website: www.persmin.nic.in
9. Applications, complete in all respects and duly signed by the applicants, must be addressed to the Secretary, Depatiment of Personnel and Training, Room NO.112, First Floor; North Block, New Delhi - 11000 I and should reach latest by 5.30 p.m. on 7th February, 2014. Applications received after this due date will not be considered. This Depatiment will not be responsible for delay/loss of application, for any reasons whatsoever.The envelope containing. the application shall be supercribed "Application for the Post of ChairpersonlMember, Lokpal".
Proforma for application for the post of Chairperson & Members of Lokpal
4
(Please go through relevant instructions carefully before filling up the proforma.)
(No columns in the application should be left blank. Every column should contain complete information as asked for, or indicate "NIL" in case of non-applicability.)
Please affix the latest passport size photograph
JUDICIAL MEMBER /
Judicial Member
NON-JUDICIAL MEMBER (Strike out whichever is not applicable)
YESlNo
(Strike out whichever is not applicable)
7
(Full Name)
(_/_/~
W hether the applicant belongs to SC/ST/OBC/Minorities or w omen
If yes, please indicate the ca tegory
Present Address:
P ermanent Address:
Scheduled Castes / Scheduled Tribes / Other Backward Classes / Minorities / women
(Strike out whichever is not applicable)
5
I POST APPLIED FOR: (Please indicate whether the application is for the post of Chairperson or for the post of Member, LokpaI.
(In case you intend to apply for both the posts, please use se parate application forms.)
CHAIRPERSON / MEMBER
Contact Details
Telephone No. (with STD)
MobileNo.
Fax No.
E-mail ro
Educational Qualifications
Area of Eminence
Present Occupation
Whether nominated applicant or direct applicant IThe vacancies have been circulated ..to._the .. Registrar ...oL Supreme Court, the Registrars of High Courts, Chief Secretaries of
DIRECT _
APPUCANT
(Strike out whichever is not applicable)
13
In case of direct applicant,
Name of recommender:
Major Positions held by recommender: Recommender's Achievements:
State
Secretaries
Government
Ministrie's, calling for nomination of eligible candidates. Applicants nominated by these agencies will tick the NOMINATED
Governments and In Departments and
APPLICANT
vacancies
advertised to
applications
candidates.
directly in response thereof shall be treated as DIRECT APPLICANTS. I
furnish details recommending the applicant.
of the person the
category. have also
The been invite eligible
AII Direct Applicants must also
attach, in original, a letter of recommendation from one
eminent person who is or has been associated with vigilance or dealing with anti-corruption issues. I
directly from
Applicants
applying
Central
/ NOMINATED
APPLICANT
6
|
14 |
Whether Letter of |
YES INO |
|
15 |
Recommendation attached Detailed curriculum vitae including work experience and other achievements |
(Strike out whichever is not applicable) |
statement),
16 Detailed justification as to how the applicant fulfils the conditions of eligibility for the post applied for. ( Please enclose a statement, where appropriate, not exceeding 200 words.)
",..DEGLARATION .....
1, , the applicant hereinabove, hereby declare that the particulars given above and in the attached statements are true and correct to the best of my knowledge and belief. I also understand that my application is liable to be rejected in case any of the information contained in this application is found_incorrect.
Date: Place:
Signature: Name:
7
II
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART II, SECTION 3, SUB-SECTION (i) OF DATED 17.01.2014]
GOVERJ.~MENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEP ARTMENT OF PERSONNEL AND TRAINING
Notification
New Delhi, the 1i h January, 2014.
G.S.R. (E).- In exercise of the powers conferred by sub-section (1) read with, clause (b) of sub-section (2) of section 59 of the Lokpal and Lokayuktas Act, 2013 (1 or; 2014), the Central Government hereby makes the following rules to provide for the terms: and conditions relating to constitution of the Search Committee and the manner of drawing' panel of names for consideration of the Selection Conunittee for appointment of
Chairperson and Members of the Lokpal, namely:-
1. Short title and commencement. - (1) These rules ~ay be called the Search Committee (Constitution, Terms and Conditions of appointment of members and the manner of selection of Panel of Names for appointment of Chairperson and Members of Lokpal) Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. - In these rules, unless the context otherwise requires, - (a) "Act" means the Lokpal and Lokayuktas Act, 2013 (1 of2014); (b) "member" means a member of the Search Committee;
(c) "Search Committee" means the Search Committee referred to in subsection
of section 4 of the Act;
(d) "Selection Committee" means the Selection Committee specified in sub-section (1) of section 4 of the Act.
3. Constitution of Search Committee.- (1) The Selection Committee shall constitute the Search Committee consisting of eight persons from the fields and the categories of persons. specified in sub-section (3) of section 4 of the Act.
(2) The Selection Committee shall nominate one of the members as the chairperson of the Search Committee.
(3) The Secretary to the Government of India in the Department of Personnel and Training shall function as the convenor of the Search Committee.
4. Term of the Search Committee.- A member of the Search Committee, including its chairperson, shall hold office for a period of two years from the date of his app"ointment and shall be eligible for re-appointment:
Provided that the Selection Committee may, where it is of the view that the continuance of a member of the Search Committee is' not expedient in the public interest, it may, after giving him an opportunity of being heard, remove such member before the expiry of his term.
5. Resignati.on of membel"s.- A member may resign his office by a letter addressed to the chairperson of the Selection Committee.
6. Absence of members out of India.- If a member intends-to be absent from India for a continuous period exceeding six months, he shall tender his resignation.
7. Meetings of Search Committcc.- (1) The Search Committee shall hold its meetings at New Delhi or at such place as may be decided by the chairperson of the Search Committee.
(2) The notice for meeting shall be issued in such manner so as to reach the chairperson and members at least three days in advance.
8. Procedure at meetings.- (1) The chairperson of the Search Committee shall preside over the meetings of the Search Committee:
Provided that if the chairperson is not present, the members of the Search Committee may elect a person from amongst the members present to preside over the meeting.
(~) In case of a difference of OpInIOn amongst the members of the Search Committee, the matter shall be decided by the majority of the members present and voting.
(3) Each member of the Search Committee shall have one vote, and in case of equality of votes on any question to be decided by the Search Committee, the chairperson or the member presiding over the meeting shall have a casting vote.
9. Fees and tI'avelling allowance for attendance at meetings.- (1) A non-official member of the Search Committee shall be entitled to a sitting fee of three thousand five hundred rupees for each day, for attending the meetings of the Search Committee.
(2) A non-official member of the Search Committee shall be entitled to Travelling Allowance and Daily Allowance as are admissible to a Secretary to the Government of India for attending the meetings of the Search Cot11mittee.
10. Preparation of panel of names by Search Committee.-(l) The Search Committee shall prepare a panel of persons to be considered by the Selection Conm1ittee for appointment as the Chairperson and Members of the Lokpal, Jrom amongst the list of persons provided by the Central Government in the Department of Personnel and Training.
(2) The Central Government shall for the purposes of sub-rule (l ),-
(i) circulate the vacanCIes to the Registrar of the Supreme Court and
Registrars of High Courts, Chief Secretaries of the State Governments and .Secretaries in the Departments and Ministries of the Central Government
calling for nomination of eligible candidates; and
(ii) advertise the vacancies to directly invite applications from the eligible candidates:
Provided that in case of applicants applying directly, the applicants shall furnish a letter of recomrnen!iation from one eminent person who is or has been associated with vigilance or dealing with anti-corruption issues.
(3) The Search Committee may, for the purpose of short-listing of pers'ons,
adopt such short-listing norms, which shall not be less than the criteria specified in sub-rule (4).
(4) In case of persons falling under clause (b) of sub-section (3) of section 3 of the Act, such persons having special knowledge and expertise of not less than twenty-five years in matters relating to,-
(i) anti-conuption policy, public administration, vigilance or law and such persons must have held or must be holding the post of Secretary to the Government of India or any equivalent post thereto under the Central Government or a State Government;
(ii) finance including insurarice and banking, and management and such persons must have held or must be holding the position-or Chairman, Managing Director or Chief Executive Officer of a Public Sector Undertaking or of a relevant private institution of comparable status, and who have attained outstanding achievements aforesaid:
'I
J~'i or acquired emmence in the fields
Provided that in case of a person holding the position in a private institution referred to in sub-clause (ii), the consideration of such person shall be subject to his furnishing a declaration about his willingness to comply with the requirements of
sub-section (4) of section 3 of the Act as regards holding of any office of trust or profit or carrying on any business or practising any profession.
(5) The Search Committee may devise its own procedure or lay down guidelines for evaluating persons for the purpose of empanelment.
11. Submission of panel or panels of names to Selection Committee.- (l) The Search Committee shall submit the panel or panels of names, as the case may be, for consideration of the Selection Committee within a period not exceeding thirty days
from the date of receipt of the list of eligible candidates and other applicants referred to in sub-rule (2) of rule 10 from the Central Government.
.-
(2) The Search Committee shall recomme,?d,-- -
(a) in case of Chairperson of Lokpal, a panel of at least five names; and
(b) in case of Members of Lokpal, a panel containing at least three times the number of vacancies advertised,
for the consideration of the Selection Committee.
(3) While selecting the panel of names to be recommended, the Search Committee shall have due regard to the representation of the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women in
accordance with the proviso to clause (b)of sub-section (2) of section 3 of the Act.
12. Period for which panel shall be valid.- A panel prepared by the Search Committee for consideration of the Selection COrrLmitteefor the vacancies ~dvertised, shall remain valid for a period of one year from the date of its
submission to the Selection Committee or till the appointment of the Chairperson or as the case may be the Member or Members, is made, whichever is earlier.
(2) If any fresh vacancy arises in the Lokpal, it shall be filled up from a panel of eligible candidates prepared by the Search Committee under rule 10.
13. Residuary matters.- Any residuary matters relating to members of the Search, I Committee, with respect to any other allowances for which no express provision has .been made in these rules, shall be governed by such rules as are applicable to the
i/ol j/
Secretary to.the Government of India.
[ F.NoA07/02/2014-AVD-IV(B) ]
ej~' .
[DEEPTI riMASHANKAR] Joint Secretary to the Government of India
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