list of amendments to lokpal

8/3/2019 List of Amendments to Lokpal

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Amendment No 1

Lokayuktas in states

Reasons for amendment: 18 states already have Lokayuktas. However, they are all very different from

each other in terms of powers, jurisdictions etc. They have proved ineffective in checking corruption due

to critical deficiencies in most of these legislations. Other states do not have any Lokayuktas. Therefore,

it is urged that through the same Act, a uniform institution of Lokayukta should be set up in each state

on the same lines as Lokpal at the centre.

Add:

Similar provisions for Lokayuktas in the States to deal with public servants of respective State will have

to be incorporated in this bill. A copy of the Jan Lokayukta Act drafted by us is attached.

Amendment No 2

Selection of Chairperson and members of Lokpal

Reasons for amendment: The Government Bill suggests a selection committee which has a majority of

members from either the governments side or directly nominated by the government. The Government

Bill suggests a search committee which will be constituted by the selection committee. The Bill does not

lay down any selection process and says that the selection process will be decided by the selection

committee. In effect, the government will have complete power to decide whom to select as Lokpal

chairperson and members.

Replace

section 4

With

Section 4:

(1) The Selection Committee shall consist of the following:-

(i) The Prime Minister of India, who will be the Chairperson of the Selection

Committee.

(ii) The Leader of the Opposition in the LokSabha

(iii) Two judges of Supreme Court of India and two permanent Chief Justices of the

High Courts selected by collegium of all Supreme Court judges


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(v) The Chief Election Commissioner of India

(vi) The Comptroller & Auditor General of India

(vii) The last 3 Chairpersons of Lokpal.

(2) The Selection Committee shall select the Chairperson and the other members of the

Lokpal from out of a short list prepared by the Search Committee. The Chairperson shall

be a person with extensive knowledge of law.

Provided that one of the members shall be selected out of the last five batches of Indian

Police Service in the same manner as other members are selected. Before joining, he will

resign from the service. He will be responsible for the running the investigation wing of

Lokpal.

(3) A Search Committee shall consist of 10 members. 5 of its members shall be selected by

the Selection Committee from amongst the retired Chief Justices of India, the retired

Chief Election Commissioners and the retired Comptroller and Auditor Generals with

impeccable reputation of integrity, who have not joined any political party after

retirement and who are not holding any office under any government. The 5 members

so selected shall, through consensus, co-opt another 5 members from the Civil Society in

the search committee.

(4) The Search Committee before preparing the short list will invite nominations from such

eminent individuals or such class of people, whom they deem fit, for the position of

Chairperson or the members of the Lokpal.

(5) Only persons with impeccable integrity and record of public service particularly in the

field of fighting corruption shall be eligible for being considered for nomination.

(6) The recommendations about nominees should, interalia, contain details of any allegations

faced by that candidate under any law, details of his work against corruption in the past,

reasons why that person is suitable for the job and any other material that the search

committee may decide.

(7) The search committee, using any other means, shall collect as much information about

the background and past achievements of these candidates.


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(8) Such nominations as are received shall be put on a web site for inviting comments from

the people with regard to the suitability or otherwise of the nominees.

(9) The Search Committee after taking into consideration the comments/information

received from the public shall prepare, preferably through consensus, the short list of 3 timesthe number of persons to be appointed as members of the Lokpal.

(10) Any nominations to which objections are raised by any 3 members of the Search

Committee shall not be included in the short list.

(11) Before sending the short list to the Selection Committee, the Search Committee will get

the names of the short listed persons put on a public web site to enable people to send any

relevant information/comments about the shortlisted persons.

(12) The Selection Committee shall, after considering all relevant information about the short

listed candidates, select the required number of persons preferably through consensus.

However, a person shall not be selected if 3 members of the Selection Committee disapprove

such names.

(13) The Selection Committee after selecting the persons to be appointed as members or

Chairperson of the Lokpal shall ascertain their willingness to serve as members or Chairperson,

as the case may be, before recommending the names to the President.

Replace

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 term of such Chairperson

or Member, as the case may be, in accordance with the procedure laid down in this Act.

With

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 term of such Chairpersonor Member, as the case may be, in accordance with the procedure laid down in this Act. If the

vacancy arises due to unforeseen reasons, it shall be filled within three months of such vacancy

arising.


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Amendment No 3

Eligibility for becoming Lokpal members or Chairperson

Reasons for amendment: Government Bill makes only retired judges to be judicial members. It also

does not require integrity as an eligibility criterion for them.

Replace

3(3)(a) as a Judicial Member if he is or has been a Judge of the Supreme Court or a

Chief Justice of a High Court

With

3(3)(a) as a Judicial Member if he is a person of impeccableintegrity, outstanding ability and if he

has held a judicial office in the territory of India for at least ten years or should have been anadvocate in a High Court or the Supreme Court for at least fifteen years.

Reasons for amendment: For non-judicial members, government Bill requires 25 years of minimum

experience in anti-corruption policy, public administration, vigilance etc. This formulation appears tailor-

made for retiring bureaucrats. Rather, it would be better to prescribe a minimum age.

Delete

3(3)(b) as a Member other than a Judicial Member, if he is a person of impeccable

integrity, outstanding ability and standing 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

Add

3(3)(c) The following shall not be eligible to become Chairperson or Member of Lokpal:

(a)Any person, who is not a citizen of India, or(b)Any person, against whom charges were ever framed by any court of law for any

offence involving moral turpitude, or

(c) Any person, who is less than 45 years in age, or(d) Any person, who was in the service of any government and has remitted office

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


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Reasons for amendment: Government Bill says that any member of Chairperson will not be eligible for

re-appointment. We have a contrary view. If our selection process is robust and independent, then we

should encourage good members to apply and get selected again.

Delete

9(1)(i) On ceasing to hold office, the Chairperson and every Member shall be ineligible for

reappointment as the Chairperson or a Member of the Lokpal

Amendment No 4

Removal of Chairperson and/or members of Lokpal

Reasons for amendment: In government Bill, power to suspend any member of Lokpal vest completely

in the government. Likewise, power to initiate a process to remove any member or Chairperson of

Lokpal vests with the government. This provision makes Lokpal members and Chairperson completely at

the mercy of the government

Delete

Section 40

Replace

Section 8

With

(1). The Chairperson or any other member of the Lokpal shall only be removed from his office

by the President, on the recommendation of the Supreme Court on any of the following grounds

after the Supreme Court, on the complaint of any person, held an inquiry and found that he could

on such ground be removed :

(a) that he has been guilty of misbehavior; or

(b) that he is unfit to continue in his office by reason of infirmity of mind or body; or

(c) is adjudged an insolvent; or

(d) engages during his term of office in any paid employment outside the duties of his office.

(2) In any such proceeding the Supreme Court may also direct the suspension of such Chairman

or member.


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(3) On receipt of recommendation from the Supreme Court, the President shall forthwith remove

the Chairperson or the member, as the case may be.

(4) Supreme Court shall, as far as possible, make its recommendations within 3 months of receipt

of complaint under this section.

(5) If the complaint is frivolous or has been made with malafide intentions, Supreme Court may

impose a fine or an imprisonment upto one year or both on the complainant.

Amendment No 5

CBI should be merged into Lokpal

Reasons for amendment: If we allow both CBI and Lokpal to entertain anti-corruption cases

simultaneously, it is like having two police stations in the same village. It would create a serious

jurisdictional issue in each case. Therefore, the CBI should either be merged into Lokpal. This is exactly

what was done in Karnataka when Karnataka Lokayukta was set up in 1986. The state vigilance

department and the anti-corruption branch of police, both were merged into newly created Lokayukta

and Lokayukta became one window for any anti-corruption complaint.

Replace

Section 12

With

(1) The Delhi Special Police Establishment, shall stand transferred, alongwith its employees,

assets and liabilities to the Lokpal. The Central Government shall cease to have any control over

it.

(2) Delhi Special Police Establishment so transferred shall form Investigation Wing of Lokpal.

(3) The salaries, allowances and other terms and conditions of services of the personnel

transferred above shall be the same as they were immediately before the commencement of this

Act.

(4) All cases which were being dealt by Delhi Special Police Establishment, which has been

transferred, shall stand transferred to Lokpal.

Reasons for amendment: All cases pending with CBI and relating to anti-corruption should get

transferred to Lokpal.


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Delete

Section 18

Amendment No 6

Jurisdiction of Lokpal

Reasons for amendment: Government Bill says that PM could be investigated only after he has

demitted office. Firstly, it violates the constitution as Pm does not enjoy any such immunity. It also is

contrary to Prevention of Corruption Act. Also, it creates many practical difficulties. If any PM works for

two consecutive terms, then his works for the first few years cannot be investigated because no case

earlier than seven years could be investigated. There are many such difficulties. This also violates Article

14 of the Constitution.

Regarding members of parliament, we feel that investigations into their affairs should be permissible

subject to Article 105 of the Constitution.

The entire bureaucracy from top to bottom must be covered within the purview of Lokpal. Indian anti-

corruption system has thus far suffered very badly due to the fractured mandate enjoyed by our anti-

corruption agencies. In most of the states, Lokayuktas have powers to investigate against politicians

only. State vigilance departments investigate against bureaucracy. Obviously, politicians and

bureaucrats do not indulge in corruption separately. In Karnataka, all politicians and bureaucrats were

together brought within the purview of Lokayukta. We strongly urge that all officers and politicians in

Central government must be brought within the purview of Lokpal.

The judiciary may be brought under the purview of anti-corruption system through a separate Bill, to beintroduced simultaneously, provided the Judicial Conduct Commission so set up is also independentof

the government as well as the judiciary and has the power of investigating and prosecuting judges for

corruption. The Judicial Standards and Accountability bill of the government does not deal with criminal

investigation of judges, nor does it set up an independentcommittee

Replace

(i) Minister means a Union Minister but does not include thePrime Minister

With

(i)Minister means a Union Minister

Replace

section 17

with


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17. The Lokpal shall inquire into any matter involved in, or arising from, or connected with, any

allegation of corruption made in a complaint in respect of any public servant barring judicial

officers of the High Courts or the Supreme Court

Provided that Lokpal shall have jurisdiction over Members of parliament subject to Article 105(2)

of the Constitution.

Add

No investigation or prosecution shall be initiated without obtaining permission from a 7-Member

Bench of the Lokpal against any Member of the Parliament including Prime Minister and

members of the Council of Ministers.

Amendment no 7

Independence and autonomy of Lokpal

Reasons for amendment: We need to carefully ensure the functional, financial and administrative

autonomy of Lokpal.

Add proviso to section 16

Provided that the quantum of expenses shall be decided by the Lokpal and it shall not exceed

0.25% of the gross annual revenues of the government of India.

Delete

Proviso to section 11(1) 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

Delete

Proviso to section 11(2):Provided that the regulations made under this sub-section shall, so far as

they relate to salaries, allowances, leave or pensions, require the approval of the President

Add

(1) Lokpal shall have administrative, financial and functional independence from thegovernment

(2) Lokpal shall not need any administrative or financial sanction from any government agencyto incur expenditure.

(3) The Officers in the Lokpal shall be appointed by the Board or any other authority designated


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by the Regulations whether on a permanent basis or on a temporary basis.

(4) The Lokpal shall select and appoint a Secretary to the Lokpal who will have the rank ofSecretary to the Government of India.

(5) Lokpal shall provide by rules for the terms and conditions of service including the allowancesand pension payable to the officers and staff of the Lokpal.

(6) Lokpal shall recruit officers and staff for various functions, including judicial officers,prosecutors, senior counsels etc

Amendment No 8

Delegation of powers and functions

Reasons for amendment: As per Government Bill, Lokpal members will have to give permission or pass

orders for every function, which will make the functioning of Lokpal difficult. Unless Lokpal delegates its

functions, soon it would be overburdened with routine functions.

Add

Definition of Lokpal

Lokpal means and includes,

(i) Benches constituted under this Act and performing functions under this Act;

(ii) Any officer or employee performing under this Act,

(iii) The Board in rest of the cases;

Add

The Lokpal shall consist of a Chairperson and 8 other members and various officers under

them at different levels to perform such functions as are assigned to them under this Act.

Delete

section 14

Replace

Section 37: 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

oremployees as may be specified in the order

With


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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 power, barring quasi-judicial powers,

conferred on it may also be exercised or discharged by such of its Members or officers

oremployees as may be specified in the order

Amendment No 9

Procedure for enquiry

Reasons for amendment: Government Bill seeks to create a new procedure for enquiry, which is

violative of the CrPC. It seeks to give an opportunity of being heard to the accused at several stages of

investigation. It also provides an opportunity to the accused to take copies of documents at the stage of

start of investigations, which would make the entire process of investigations infructuous. These

sections should be deleted and CrPC should be applicable de-facto.

Delete

Sections 23, 24, 25, 26.

Amendment No 10

Dismissal of government servants

Reasons for amendment: After completion of investigations in any case, whereas on one hand, the case

would go to a court for trial, at the same time, the officer shall face proceedings for departmental

penalties. Evidence collected at the time of investigations is examined from the point of beyondreasonable doubt in trial court. However, in departmental proceedings, even preponderance of

probabilities is sufficient to punish an officer. Under government Bill, the concerned minister should

have the powers to decide punishment against his subordinate, which would never happen because of

the close relationship between the minister and the subordinate as they had been working together.

There could also be a possibility of collusion. Therefore, we strongly propose that Lokpal Bench should

give an opportunity of being heard to the accused officers, conduct open hearings and decide

departmental penalties. These penalties should be recommended by Lokpal to the appointing authority,

on whom it should be binding.

Replace

section 28

with

(1) Penalty under this Act means punishment of dismissal, removal or reduction in rank


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(2) After the completion of an investigation against any government servant the Lokpal may

either initiate prosecution against such public servant or may initiate proceedings for imposition

of penalty or both.

(3) Lokpal shall appoint such officers, who may be retired judges or retired civil servants or suchothers as may be provided, to act as judicial officers for the purpose of this section, at such terms

and conditions as may be provided in regulations.

(4) A bench of judicial officers will conduct an inquiry against such government servant for

imposition of penalty in which full opportunity to show cause would be given to such government

servant. After conclusion of the inquiry the bench shall also determine the penalty, if any, to be

awarded to that public servant. The decision of the bench will be subject to approval by a higher

authority prescribed by the Lokpal by through regulations.

(5) The recommendations so approved shall be binding on the appointing authority.

Reasons for amendment: However, in the case of elected representatives, the Lokpal shall only forward

its report to the competent authority who shall decide whether to remove the concerned public servant

or not.

Replace

section 29(1): Where, after the conclusion of the inquiry or investigation, the findings of the

Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 1988 by a public servant referred to in clause (a) or clause (b) of sub-section (1) of section 17, the Lokpal

may file a case in the Special Court and shall send a copy of the report together with its findings to

the competent authority

with

Where, after the conclusion of the inquiry or investigation, the findings of the Lokpal disclose the

commission of an offence under the Prevention of Corruption Act, 1988 by a public servant

referred to in clause (a) or clause (b) of sub-section (1) of section 17, the Lokpal may file a case in

the Special Court and shall send a copy of the report together with its findings to the competent

authority to consider whether to dismiss that public servant or not.

Delete

Explanation to section 29(3)

Amendment No 11


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Power to direct suspension/transfer of officer pending investigations

Reasons for amendment: If during investigations, Lokpal concludes that an officer may tamper with

evidence if he continues on a post, Lokpal should have the power to direct his transfer or suspension.

Government Bill gives power to Lokpal only to make a recommendation.

Replace

The word recommend in Section 35(1) with direct

Delete

Section 35(2)

Amendment No 12

Complaints against staff of Lokpal

Reasons for amendment: Government Bill requires Lokpal to enquire and act against its own staff. This

may create a conflict of interest. In addition, we would suggest creation of Independent Complaints

Authority, on the lines suggested by Honble Supreme Court in the case of Police Reforms.

Replace

section 41

with

Independent Complaints Authority:

(1) In each State, one or more complaints authority would be established by the Lokpal to

entertain any complaints against any officer or staff of the Lokpal. A similar complaints authority

shall also be made at national level.

(2) Such complaints authority shall consist of 5 members to be selected and nominated by a

Committee of 3 persons consisting of:

i) The Chief Justice of the High Court of the State;

ii) The Chairman of the State LokAyukata

iii) The Chairman of the State Human Rights Commission


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(3) The Complaints Authority shall be chaired by a retired High Court judge and shall have two

retired civil servants and two members of civil society.

(4) The complaints received against any officer or staff of the Lokpal shall be inquired into

by the Complaints Authority in a public hearing and shall be decided within 2 months of thereceipt of the complaint. The officer or staff of the Lokpal shall be given proper opportunity to

tender his defence. If the officer or member is found guilty of misbehavior or dishonest

investigation or corruption, the authority may order his dismissal, removal or reduction in rank.

(5) The final orders passed by the Complaints Authority will be subject to the writ

jurisdiction of the High Court under Article 226 of the Constitution.

(6) In suitable cases it would also be open to the complaints authority to direct suspension

of the officer or staff of the Lokpal.

(7) Lokpal shall provide for the expenses related to the functioning of complaints authority.

(8) Complaints authority shall work in benches in accordance with regulations made under this

Act.

Amendment No 13

Punishment for frivolous or malafide complaints

Reasons for amendment: In government Bill, punishment for frivolous complaint is far more serious

than that for corruption itself.

Replace

Sections 49 and 50

With

(1) Notwithstanding anything contained in this Act, if someone makes any complaint under

this Act, which lacks any basis or evidence and is held by Lokpal to be meant only to harass

certain authorities, Lokpal may impose such fines on that complainant as it deems fit, but the

total fine in any one case shall not exceed Rs one lakh.


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Provided that no fine can be imposed without giving a reasonable opportunity of being heard to

the complaintant.

Provided further that merely because a case could not be proved under this Act after

investigation shall not be held against a complainant for the purposes of this section.

(2) Such fines shall be recoverable as dues under Land Revenue Act.

(3) A complaint or allegation once made under this Act shall not be allowed to be

withdrawn.

Amendment No 14

Expanding the definition of corruption

Add

Act of corruption includes -:

i) anything made punishable under Chapter IX of the Indian Penal Code or under the

Prevention of Corruption Act, 1988; which would also include any offence committed by

an elected member of a house of legislature even in respect of his speech or vote inside

the house.

ii) willfully giving any undue benefit to any person or obtaining any benefit from any

public servant in violation of any laws or rules,

iii) victimization of a whistleblower or a witness.

iv) repeated violation of citizens charter by any public servant.

v) Wilfully taking up employment or paid assignment/consultancy with entities with

whom the public servant has had official dealings.

ii to v above shall be treated to be criminal Misconduct within the meaning of Section 13

of the Prevention of Corruption Act 1997.

Amendment No 15

Duty to stop corruption in ongoing works


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Reasons for amendment: If corruption is going on in any work and it comes to the knowledge of Lokpal,

then rather than waiting for corruption to take place and then punish officers later, Lokpal should have a

duty to stop corruption at that stage itself. However, the government Bill is silent on that.

Add

1. Lokpal shall have powers to recommend cancellation or modification of a lease, license, permission, contract or agreement, if it was obtained by corrupt means and to

recommend blacklisting of a firm, company, contractor or any other person, involved in

an act of corruption. The public authority shall either comply with the recommendation

or reject the same within a month of receipt of recommendation. In the event of

rejection of its recommendation, the Lokpal may approach appropriate High Court for

seeking appropriate directions to be given to the public authority.

2. If during any investigation under this act, the Lokpal is satisfied that any preventiveaction is necessary in public interest to prevent the ongoing incidence of corruption, it

may make any recommendation to the public authority concerned to stay the

implementation or enforcement of any decision or take any such action as is

recommended by the Lokpal. The public authority shall either comply with therecommendation of the Lokpal or reject the same within 15 days of the recommendation

thereof. In the event of rejection of its recommendation, the Lokpal may approach the

appropriate High Court for seeking appropriate directions to be given to the public

authority.

Amendment No 16

Power to take suomoto action

Reasons for amendment:Lokpal should have powers to take action suomoto if any information comes

to its knowledge rather than waiting for someone to complain. Government Bill is silent on this

important aspect.

Add

Lokpal shall have powers to initiate suomoto appropriate action under the Act on receipt of

any information from any source.

Amendment No 17

Power to get its orders complied with

Reasons for amendment: Government Bill does not give any powers to Lokpal to get its orders complied

with.

Add:


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A Lokpal bench may punish a public servant with imprisonment up to 6 months or with fine or

both, if he fails to comply with its order for ensuring their compliance

Amendment No 18

Power to tap telephones

Reasons for amendment: Presently, almost 32 investigative and intelligence agencies have powers to

tap telephones. However, they need permission from Home Secretary to do that. Lokpal will be an

independent agency. If it were to obtain permission from Home secretary, the information would get

leaked and the entire operation would become infructous. Moreover that would also compromise the

functional autonomy of the Lokpal. Therefore, we propose that Lokpal Bench should have powers to

allow phone tapping rather than they having to obtain permission from Home Secretary.

Add:

For the purposes of investigation of offences related to acts of corruption, the appropriate Benchof the Lokpal shall be deemed to be designated authority under Section 5 of the Indian Telegraph

Act empowered to approve interception and monitoring of messages of data or voice

transmitted through telephones, internet or any other medium as covered under the Indian

Telegraph Act read with Information and Technology Act 2000 and as per rules and regulations

made under the Indian Telegraph Act 1885.

Amendment No 19

Powers under FEMA and PMLA

Reasons for amendment: While investigating any case under Prevention of Corruption Act, in order to

ensure that the same officer takes the case to logical end, it is proposed that the Investigating Officer of

Lokpal should have powers under FEMA and PMLA also.

Add:

The Investigating Officers of Lokpal authorized to investigate offences under the Prevention of

Corruption Act 1988 shall have all the powers which are vested in a Police Officer while

investigating offences under the Code of Criminal Procedure, as well as the powers conferred on

the director of enforcement under the Foreign Exchange Management Act, 1999 as well as under

the Prevention of Money Laundering Act, 2002.

Amendment No 20

Other miscellaneous powers and functions of Lokpal

Add


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(1) Lokpal shall have powers to make recommendations to public authorities, in consultationwith them, to make changes in their work practices to reduce the scope for corruption and

whistleblower victimization. The concerned authority shall send its compliance report to

Lokpal within two months specifying detailed reasons, wherever they choose to reject any of

the recommendations.

(2) Lokpal shall prepare a sentencing policy for the offences under Prevention of Corruption Actand revise it from time to time.

(3) Lokpal shall ensure that the time limits mentioned in this Act are strictly adhered to.(4) Lokpal shall ensure the integrity of its functionaries(5) While investigating any offence under Prevention of Corruption Act 1988, Lokpal shall be

competent to investigate any offence under any other law in the same case.

(6) Lokpal shall inquire into the assets declaration statements filed by all successful candidatesafter any election to any seat in any House of the Parliament.

(7) Lokpal shall prepare an appropriate reward scheme to encourage complaints from withinand outside the government to report acts and evidence of corruption.

Provided that the total value of such reward shall not exceed 10% of the value of the loss

recovered or loss prevented.

Amendment No 21

Transparency and accountability of Lokpal

Reasons for amendment: Lokpal should be completely transparent and accountable in its functioning to

prevent it from becoming corrupt. The government Bill is quite weak in this aspect. Therefore, we

strongly recommend inclusion of the following provisions.

Add:

1. The investigation in any case shall not be closed by the investigating officer withoutrecording reasons for such closure.

2. The hearings in any proceedings before the Lokpal shall be held in public except inexceptional circumstance where it is not in public interest to do so and the reasons for the

same shall be recorded in writing before those proceedings are held in camera. The hearings

held in public shall be video recorded and shall be made available to the public on payment

of copying cost.

3. A Parliamentary Committee shall do an annual appraisal of the functioning of Lokpal. TheLokpal shall submit a compliance report, mentioning detailed reasons where it does not

accept the recommendations of this committee, to the Parliament. It shall be placed on the

table of the two Houses of Parliament.

4. The Lokpal shall publish every month on its website the list of cases received during the previous month, list of cases disposed with brief details of each such case, outcome and

action taken or proposed to be taken in that case, list of cases which are pending and

minutes and records of Board meetings.

5. The Lokpal shall maintain complete transparency in its functioning and shall ensure that full


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records of any investigation or inquiry conducted under this Act after its conclusion is made

public by being put on a public web site.

Amendment No 22

Whistleblower protection

Reasons for amendment: Presently, if anyone raises his voice against corruption, he is victimized. That

person turns to police for protection, which is under the influence of local politicians and hence

compromised. Lokpal, being an independent body, should have a duty to provide protection to

whistleblowers against physical and professional victimization.

Add

(1) Whistleblower means any person, who provides information about corruption in a public

authority or is a witness or victim in that case or who faces the threat of

(i) professional harm, including but not limited to illegitimate transfer, denial of

promotion, denial of appropriate perquisites, departmental proceedings,

discrimination or

(ii) physical harm, or

(iii) is actually subjected to any harm;

because of either making a complaint to the Lokpal under this Act, or for filing an

application under the Right to Information Act, 2005 or by any other legal; action aimed

at preventing or exposing corruption or mal-governance.

(2) Any public official or any other person having information of any corruption in any public

authority would be encouraged to send the information confidentially to the Lokpal; and it shall

be the duty of the Lokpal to get an inquiry made into such information and if necessary get an

investigation made under the Prevention of Corruption Act.

(3). It shall be the duty of the Lokpal to provide full protection to whistle blowers from any

physical harm or administrative harassment. Identity of such whistle blowers shall also be

protected if the whistle blower so desires.


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(4). For achieving this objective it shall be competent for the Lokpal to give suitable direction

to any security agencies for providing security as well as to any other authority to ensure that no

harassment is caused to such whistle blower.

(5). Orders under this section shall be passed expeditiously and in any case within a month ofreceipt of complaint. Immediate action will be taken in cases involving a threat of physical

victimization.

(6) The investigations in complaints by whistleblowers facing physical or professional

victimization shall be fast tracked and completed within three months of receipt of the same.

Amendment No 23

Appeal against the orders of Lokpal

Reasons for amendment: Where will the appeal against orders of Lokpal lie? Government Bill is silent

on that.

Add:

Any orders passed by any bench of the Lokpal or any officer of the Lokpal shall be subject to the

writ jurisdiction of the High Court under Article 226 of the Constitution of India. Ordinarily, High

Courts shall not stay the order. However, if it does, it will have to decide the case within two

months, else the stay would be deemed to have been vacated after two months and no furtherstay in that case could be granted.

Amendment No 24

Punishments

Reasons for amendment: Punishments under present anti-corruption system are quite inadequate.

They ought to be increased.

Add

(1) For any act of corruption, the punishment shall not be less than six months of rigorous

imprisonment and may extend up to imprisonment for life.

(2) The Special Court may take into consideration the higher rank of an accused person to

inflict a more severe punishment.


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(3) If the victim of corruption is from socially and economically backward sections, the

punishment shall be higher.

(4) If the beneficiary of an offense is a business entity, in addition to the other punishments

provided for under this Act and under the Prevention of Corruption Act, a fine of up to five times

the loss caused to the public shall be recovered from the accused and the recovery may be made

from the assets of the business entity and from the personal assets of its Managing Directors, if

the assets of the accused person are inadequate.

(5) If any company or any of its officer or Director is convicted for any offence under Prevention

of Corruption Act, that company and all companies promoted by any of that companys

promoters shall be blacklisted and be ineligible for undertaking any government work or contract

in future.

(6) If a public servant is convicted under the Prevention of Corruption Act, such public servant

shall stand removed from his office.

(7) Wherever Lokpal directs imposition of financial penalty on any officer under this Act to be

deducted from his salary, it shall be the duty of the Drawing and Disbursing Officer of that

Department to implement such order, failing which the said Drawing and Disbursing Officer shall

make himself liable for similar penalty.

Amendment No 25

Citizens charters

Reasons for amendment: A common man faces corruption in his day to day life to get his work done.

This issue must be addressed through this Bill.

Add

Definition: Grievance means a claim by a person that he could not get satisfactory redressal

according to a citizens charter despite approaching a Grievance Redressal Officer of that

Department;

(1) Each public authority shall prepare a specific charter within a reasonable time not exceeding

one year from the coming into force of this Act.


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(2) Every citizens charter shall enumerate the public authoritys commitments to the

citizens which are capable of being met within a specific time limit and shall designate the officer

whose duty would be to fulfill the commitment of the public authority.

(3) If any public authority does not prepare its citizens charter within a year, Lokpal shall notifythe citizens charter on its own after consulting the public authority and the same shall be

binding on that authority.

(4) Each public authority shall make an assessment of the resources required to implement the

citizens charter and the government shall provide such resources.

(5) Each public authority shall designate an official called Public Grievance Redressal Officer

in each station where the public authority has an office, to whom a complaint could be made for

any violation of the citizens charter.

(6) The Senior most officer of that public authority in that office will be designated as the

Public Grievance Redressal Officer.

(7) It shall be the duty of the Grievance Redressal Officer to get the grievance redressed

within a period of 30 days from the receipt of the complaint.

(8) In the event of even the Grievance Redressal Officer not getting the grievance redressed

within the specific period of 30 days a complaint could be made to the Lokpal.

(9) The Lokpal after hearing the Grievance Redressal Officer would impose suitable penalty

not exceeding Rs. 500/-for each days delay but not exceeding Rs. 50,000/- to be recovered from

the salaries of the Grievance Redressal Officer. However, if the victim is from socially and

economically backward sections, the punishment shall be double.

(10) Apart from levying the penalty on the Grievance Redressal Officer, the Lokpal may also in

suitable cases recommend to the appropriate authority to have departmental punishment

imposed on the Grievance Redressal Officer.

(11) The Lokpal will also issue a direction to an appropriate authority to get such grievances

redressed within the time to be fixed by the Lokpal.


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(12) Every public authority shall review and revise its Citizens Charter at least once every year

through a process of public consultation to be held in the presence of a representative of Lokpal.

(13) Lokpal may direct any public authority to make such changes in their citizens charter as are

mentioned in that order and that public authority shall make such changes within a month of thereceipt of such order.

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

Lokpal.

(14) There shall be at least one officer of the Lokpal in each district to receive grievances who

shall be called an Appellate Grievance Officer. However, in such places where there is more

concentration of central government offices, there shall be more Appellate Grievance Officers as

may be required.

(15) A social audit of each Appellate Grievance Officer shall take place every six months, in which

he shall present himself before the public, present the data related to his functioning, respond to

public queries and incorporate suggestions from public in his functioning. The public hearing

shall be attended by a senior officer from Lokpal.

(16) No case can be closed by Appellate Grievance Officer till the citizens grievance is redressed

or the case is rejected by the Appellate Grievance Officer.

Amendment no 26

Time Bound investigations and appeals

Reasons for amendment: Government Bill is silent on the time within which investigation should be

completed. It also does not deal with the problem of indefinite delays in appellate process that exists

today.

Add

1. Every investigating officer shall endeavour to complete the investigation of an offence withina period of 6 months but when necessary he may obtain extension of time from a Bench of

the Lokpal. In any case the period of investigation shall not extend 18 months.

2. The Chief Justices of High Courts will constitute such number of special benches in respectiveHigh Courts to hear cases under this Act, to ensure that an appeal in any case is decided as

expeditiously as possible and not later than six months.


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3. The judges of Special Courts and the appellate benches set up by High Courts to hear casesunder this Act will deal only with cases under this Act.

Amendment No 27

Amendments to other Acts

Reasons for amendment: Amendment needs to be made in some other laws to prevent delays at

various stages of trial and appeals.

Add

(1) The provisions of sections 105C to 105I of CrPC shall apply to offences under the Prevention of

Corruption Act whether or not they are transnational in nature.

(2) Section 389(3) of CrPC shall not apply to offences under Prevention of Corruption Act.

(3) The right to file appeals under section 377 or 378 of CrPC shall be exercised by Lokpal.

(4) Under section 372 of CrPC, the power to file an appeal shall be with the complainant as well.

(5) Notwithstanding anything contained in Section 397 of CrPC, no court shall ordinarily call for

records in cases related to trial of offences in Prevention of Corruption Act during any trial by a

special court.

Provided that if the court calls for records, the same shall be returned within a month.

(6) Section 4 (4) of Prevention of Corruption Act shall be amended as Notwithstandinganything contained in the Code of Criminal Procedure, 1973 a Special Judge shall hold the

trial of an offence on day-to-day basis, and shall not grant adjournment for any purpose

unless such adjournment is, in its opinion, necessary in the interests of justice and for

reasons to be recorded in writing

Reasons for amendment: Government Bill says that section 19 of Prevention of Corruption Act would

not apply to Lokpal Bill. However, this section ought to be deleted.

Replace

Section 27

With

(1) Section 19(1) and 19(2) of the Prevention of Corruption Act shall be deleted.


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(2) Section 6A of the Delhi Special Police Establishment Act shall not be applicable to the

proceedings under this Act.

(3) Section 197 of Cr. PC shall not applicable to any proceedings under this Act.

(4) Any permission which is required under any law for initiating investigation or initiating

prosecution under any Act shall be deemed to have been granted once the Lokpal has granted

permission to initiate investigation or prosecution for any offences under the Prevention of

Corruption Act.

Reasons for amendments: Prevention of Money Laundering Act says that if the amount of corruption in

any case is above a particular limit then the Enforcement Directorate would investigate that offence. It is

important to give jurisdiction over all cases involving corruption to Lokpal.

Add

(1) The power of the Lokpal to investigate offences under the Prevention of Corruption Act shall

be with the Lokpal notwithstanding any provision in the Prevention of Money Laundering Act,

2002.

(2) The jurisdiction of the special courts under the Prevention of Corruption Act, 1988 to try

offences under such act shall be with the Special Court notwithstanding any provision in the

Money Laundering Act, 2002.

Amendment No 28

Other provisions to prevent corruption

Reasons for amendment: One of the major reasons for corruption is the award of government

largesse to private entities by way of leases, contracts etc. which are often given without

transparency and competitive bidding. Another form of corruption is encouraged by conflicts of

interest created when public servants dealing with private entities go on to take upjobs/assignments/consultancies with such entities. These are some provisions, which must be provided

to check this kind of corruption

Add:

(1) No government official shall be eligible to take up jobs, assignments, consultancies, etc. with

any person, company, or organisation that he had dealt with in his official capacity.


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(2) All contracts, public-private partnerships, transfer by way of sale, lease, and any form of

largesse by any public authority shall be done with complete transparency and by calling for

public tender/auction/bids unless it is an emergency measure or where it is not possible to do so

for reasons to be recorded in writing. Any violation of this shall make the contract/largesse void.

The details of all such transactions would be put up by the public authority on a public website.

(3) All contracts, agreements or MOUs known by any name related to transfer of natural

resources, including land and mines to any private entity by any method like public-private

partnerships, sale, lease or any form of largesse by any public authority shall be put on the

website within a week of being signed.

(4) Any bribe giver may be granted immunity from prosecution by the special court if he

voluntarily and gives timely information to the Lokpal about the giving of bribe by him withentire evidence for the purpose of getting the concerned bribe taker/public servant caught and

convicted, provided he also relinquishes all the illegitimate benefits which he had received by the

giving of that bribe. If the information provided by such bribe giver is subsequently found to be

false, the immunity could be withdrawn by the special court.

Amendment No 29

Miscellaneous

Reasons for amendment: If any public servant does not submit his annual property return in time, there

should be a deterrent that he would not get his next months salary till he submits it. Karnataka

Lokayukta Act has this provision

Add

47 (7) If any public servant fails to submit his property statement by 31stJuly of that year, he shall

not be eligible to draw his salary for the month of August, unless the competent authority

certifies that such failure was due to reasons beyond his control and the public servantsubsequently furnishes such statement.

Reasons for amendment: Act done in good faith is already protected in Prevention of Corruption Act.

This section is redundant.

Delete


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Section 51

Reasons for amendment: The Act prescribes a time limit that no case shall be entertained by

Lokpalwhich are earlier than seven years. Though we agree with this, however, Lokpal should have a

discretion to entertain any case in larger public interest.

Add

Proviso to section 54: Provided that Lokpal may entertain any case beyond seven years also if

Lokpal feels that larger public interest would be served.

Reasons for amendment: Government Bill requires Lokpal to provide free legal help to accused. We do

not approve of this.

Delete

Section 56

Reasons for amendment: Some of the issues on which the central government has been given powers

to make rules, we feel that the Lokpal should have power to make rules on these issues.

Delete

Section 60(2)(a), (c), (d), (f), (h), (m), (o)

Add the above to section 61(2)

Add following in section 61(2):

1. Work norms for each category of officers and staff of Lokpal.2. The Lokpal may regulate the procedure for the transaction of its business or that of its

officers as also allocation of its business amongst the different benches of Lokpal.

Replace

Section 62

With

Every rule and every regulation made under this Act shall be laid, as soon as may be after it is

made, before each House of Parliament.

Reasons for amendment: In order to prevent arbitrariness by the Chairperson, the following section

should be added.

Add:


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All policy level decisions including formulation of regulations, assignment and delegation of

functions and powers shall be taken by the Board in accordance with regulations.

Reasons for amendment: The process to file a complaint with Lokpal should be simple, just like filing an

FIR in any police station

Add:

A complaint by any person may be made in the form of a First Information Report as provided

under the Code of Criminal Procedure which will not require any payment of fee or affidavit and

could be sent to any office of the Lokpal and shall not be rejected merely on the basis of motive

or intention of the complainant.

Amendment No 30

Statement of Objects and Reasons

Replace

Their Statement of objects and reasons

With

Statement of Objects and Reasons from Jan Lokpal Bill

Amendment No 31

Allocation of business

Replace

Section 19(1)(b), 19(3), 19(4), 20, 21, 22

With

(1) Board means the Chairman and the other members of the Lokpal Collectively.


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(2) Board will make a policy with respect to the manner in which the benches shall beconstituted, work allocated amongst benches, cases transferred and grievances with respect

to allocation of any case to any bench be addressed.

Amendment No 32

Chairperson of Lokpal

Replace

3(2)(a) a Chairperson, who is or has been a Chief Justice of India or a Judge of the Supreme Court

With

3(2)(a) a Chairperson, who shall be one of the judicial members

Amendment No 33

Judiciary within the jurisdiction of Lokpal

Reasons for amendment: We had earlier suggested that investigation into allegations of corruption by

Supreme Court or High Court judges should also be investigated by Lokpal. However, government and

some honorable retired judges suggested that these matters should be looked into by a separate agency

constituted through Judicial Standards and Accountability Bill (JSA Bill). The government has presented

this Bill in the Parliament. Standing Committee has also given its report on the same. Unfortunately,

neither the Bill nor the standing committee report talks about criminal investigations and prosecution

into complaints of corruption against judges. We, therefore, suggest that either the investigations into

allegations of corruption should be done by Lokpal only. We can provide for safeguards against frivolous

complaints by requiring a seven member bench of Lokpal to give sanction for preliminary enquiry,

registration of a case and for filing prosecution.

Alternately, the government may suitably amend the JSA Bill. We If government desires to do that, we

can separately submit a set of amendments that would be required in JSA Bill.


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Amendment No 34

Amendments to the Constitution of India

We are reading in the newspapers that the government proposes to amend the Constitution of India

and give the Lokpal Constitutional status. If a constitutional amendment is being considered, we would

propose the following two amendments to strengthen anti-corruption systems:

1. Article 105:Reasons for amendment: National Commission to Review the working of the Constitution under the

Chairmanship of Justice Shri M.N. Venkatachaliah made following observations:

The law of immunity of members under the parliamentary privilege law was tested in PV Narsimha Rao

Vs. State (CBI/SPE), (AIR 1998 SC 2120). The substance of the charge was that certain members of

Parliament had conspired to bribe certain other members to vote against a no-confidence motion in

Parliament. By a majority decision the Court arrived at the conclusion that while bribe-givers, who were

members of Parliament, could not claim immunity under article 105, the bribe-takers, also members of

Parliament, could claim such immunity if they had actually spoken or voted in the House in the manner

indicated by the bribe-givers. It is obvious that this interpretation of the immunity of members of

Parliament runs counter to all notions of justice, fair play and good conduct expected from members of

Parliament. Freedom of speech inside the House cannot be used by them to solicit or to accept bribes,which is an offence under the criminal law of the country. The decision of the court in the aforesaid case

makes it necessary to clarify the true intent of the Constitution. To maintain the dignity, honour and

respect of Parliament and its members, it is essential to put it beyond doubt that the protection against

legal action under article 105 does not extend to corrupt acts.

A second issue that was raised in this case concerned the authority competent to sanction prosecution

against a member in respect of an offence involving acceptance of a consideration for speaking or voting

in a particular manner or for not voting in either House of Parliament. A Member of Parliament is not

appointed by any authority. He is elected by his or her constituency or by the State Assembly and takes

his or her seat on taking the oath prescribed by the Constitution. While functioning as a Member he or

she is subject to the disciplinary control of the presiding officer in respect of functions within the

Parliament or in its Committees. It would, therefore, stand to reason that sanction for prosecution

should be given by the Speaker or the Chairman, as the case may be.

Suggestion: The Commission made the following recommendation:


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The Commission recommends that article 105(2) may be amended to clarify that the immunity enjoyed

by Members of Parliament under parliamentary privileges does not cover corrupt acts committed by

them in connection with their duties in the House or otherwise. Corrupt acts would include accepting

money or any other valuable consideration to speak and/or vote in a particular manner. For such acts

they would be liable for action under the ordinary law of the land. It may be further provided that no

court will take cognisance of any offence arising out of a Member's action in the House without prior

sanction of the Speaker or the Chairman, as the case may be. Article 194(2) may also be similarly

amended in relation to the Members of State Legislatures.

2. Article 311:Reasons for amendment: Over the years, it has been seen that this article, rather than providing

protection to honest officers, is providing protection to dishonest ones. Despite committing graveoffences, the officers go unpunished.

Suggestion:

Replace

Article 311 (1) No person who is a member of a civil service of the Union or an all-India service or a civil

service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an

authority subordinate to that by which he was appointed.

With

Article 311 (1) No person who is a member of a civil service of the Union or an all-India service or a civil

service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an

authority subordinate to that by which he was appointed or by Lokpal or Lokayukta, as the case may be.

list of amendments to lokpal

Documents