THE LOKPAL BILL, 2011

to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain public functionaries and for matters connected therewith.

WHEREAS the Constitution of India established a democratic Republic to ensure justice for all;

AND WHEREAS good governance is the bedrock of democracy and the guarantee of development as a right of the citizen;

AND WHEREAS Parliament has progressively and incrementally contributed to the body of law to fulfil the aspirations of the citizens of India;

AND WHEREAS various institutions of governance as well as democratic institutions have worked to strengthen participatory democracy;

AND WHEREAS the rapid growth of democratic and economic institutions have brought new challenges of accountability and integrity in the course of governance;

AND WHEREAS graft and corruption have become a serious menace to society and governance;

AND WHEREAS serious concerns have been expressed about the grave consequences of corruption in high places;

AND WHEREAS India is a signatory to the United Nations Convention Against Corruption;

AND WHEREAS the country’s commitment to clean and responsive governance has to be reflected in an effective institution to contain and punish acts of corruption;

NOW, THEREFORE, it is expedient to provide for prompt and fair investigation and prosecution of cases of corruption.

BE it enacted by Parliament in the Sixty‐second Year of the Republic of India as follows:—

Short title and commencement

1. (1) This Act may be called the Lokpal Act, 2011.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as reference to the coming into force of that provision.

Definitions

2. (1) In this Act, unless the context otherwise requires,—

1. “Bench” means a Bench of the Lokpal;
2. “Chairperson” means the Chairperson of the Lokpal; (c) “competent authority”, in relation to—
3. a member of the Council of Ministers, means the Prime Minister;
4. a member of Parliament other than a Minister means the Council of States in the case of a member of that Council and the House of the People in the case of a member of that House;
5. an officer in the Ministry or Department of the Central Government means the Minister in charge of the Ministry or Department under which such officer is serving;
6. 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 an Act of Parliament or wholly or partly financed by the Central Government or controlled by it means the Minister in charge of the administrative Ministry of such body, or Board or corporation or authority or company or society or autonomous body;
7. an officer of any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of Parliament or wholly or partly financed by the Central Government or controlled by it means the head of such body or Board or corporation or authority or company or society or autonomous body;
8. “complaint” means a complaint alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988;
9. “inquiry” means every inquiry conducted under this Act by the Lokpal;
10. “Judicial Member” means a Judicial Member of the Lokpal appointed as such;
11. “Lokpal” means the institution established under section 3;
12. “Member” means a Member of the Lokpal;
13. “Minister” means an Union Minister but does not include the Prime Minister;
14. “notification” means notification published in the Official Gazette and the expression “notify” shall be construed accordingly;
15. “prescribed” means prescribed by rules made under this Act;
16. “public servant” means a person referred to in clauses (a) to (e) of sub‐section (1) of section 17;
17. “regulations” means regulations made under this Act;
18. “Schedule” means a Schedule to this Act;
19. “Special Court” means a Special Court appointed under sub‐ section (1) of section 3 of the Prevention of Corruption Act, 1988.

(2) Words and expressions used herein and not defined in this Act but defined in the Prevention of Corruption Act, 1988, shall have the meanings respectively assigned to them in that Act.

Establishment of Lokpal

3. (1) As from the commencement of this Act, there shall be established, for the purpose of making inquiries in respect of complaints made under this Act, an institution to be called the “Lokpal”.

(2) The Lokpal shall consist of—

1. a Chairperson; and
2. ten Members, out of whom at least four shall be Judicial Members.

(3) A person shall be eligible to be appointed,—

1. as the Chairperson or a Member if he is a person of impeccable integrity, outstanding ability and standing having special knowledge of, and professional experience of not less than twenty‐five years in, public affairs, administrative law and policy, academics, commerce and industry, law, finance or management;
2. as a Judicial Member if he is or has been a Chief Justice of a High Court or a Judge of the Supreme Court.

(4) The Chairperson or a Member shall not be a member of Parliament or a member of the Legislature of any State or Union territory and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be connected with any political party or carry on any 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 –

1. he is a member of Parliament or of the Legislature of any State or Union territory, resign from such membership; or
2. he holds any office of trust or profit, resign from such office; or
3. he is connected with any political party, sever his connection with it; or
4. he is carrying on any business, sever his connection with the conduct and management of such business; or
5. he is practicing any profession, cease to practise such profession.

(5) The Chairperson and every Member shall, before entering upon his office, make and subscribe before the President an oath or affirmation in the form set out in the First Schedule.

Appointment of Chairperson and other Members and Selection Committee

4. (1) The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of—

1. the Prime Minister — chairperson;
2. the Speaker of the House of the People —member;
3. the Leader of the House other than the House in which the Prime Minister is a Member of Parliament —member;
4. the Minister in‐charge of the Ministry of Home Affairs in the Government of India —member;
5. the Leader of the Opposition in the House of the People— member;
6. the Leader of the Opposition in the Council of States — member: Provided that in case, there is no Leader of Opposition in the House of the People or the Council of States, the leader of the single largest group or party in opposition to the Government, as the case may be, in such House or Council shall be deemed to be a member of the Committee specified in clause (e) or clause (f), as the case may be:
7. one sitting Judge of the Supreme Court to be nominated by the Chief Justice of India—member;
8. one sitting Chief Justice of a High Court to be nominated by the Chief Justice of India—member;
9. the President of the National Academy of Sciences, India, being a society registered under the Societies Registration Act, 1860 or the senior most National Professor — member;
10. Cabinet Secretary—secretary.

(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Committee.

(3) The Selection Committee may, if it considers necessary for the purposes of selecting the Chairperson and other members of the Lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a Search Committee consisting of such persons of impeccable integrity and outstanding ability and standing having special knowledge of, and professional experience of not less than twenty‐five years in, public affairs, administrative law and policy, academics, commerce and industry, law, finance, management, or in any other matter which in the opinion of the Selection Committee, may be useful in making selection of Chairperson and other Members of the Lokpal.

(4) The Selection Committee shall regulate its own procedure for selecting the Chairperson and Members of the Lokpal which shall be transparent.

(5) The term of the search committee referred to in sub‐section (3) and fee and allowances payable to the members of the search committee and the manner of selection of panel of names shall be such as may be prescribed.

Filling of vacancies of Chairperson or other Members

5. The President shall take or cause to be taken all necessary steps for the appointment of a new Chairperson and other 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.

Term of office and other conditions of service of Chairperson and Members

6. The Chairperson and every other 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 not exceeding five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier: Provided that he may—

1. by writing under his hand addressed to the President, resign his office; or
2. be removed from his office in the manner provided in section 8.

Salary, allowances and other conditions of service of Chairperson and Members

7. The salary, allowances and other conditions of service of—

1. the Chairperson shall be the same as those of the Chief Justice of India;
2. 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—

1. by the amount of that pension; and
2. 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.

Removal and suspension of Chairperson and other Member of Lokpal

8. (1) Subject to the provisions of sub‐section (3), the Chairperson or any other Member shall be removed from his office by order of the President on grounds of misbehaviour after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairperson or such other Member, as the case may be, ought on any such ground to be removed.

(2) The President may suspend from office the Chairperson or any other Member in respect of whom a reference has been made to the Supreme Court under sub‐section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything contained in sub‐section (1), the President may by order remove from the office the Chairperson or any other Member if the Chairperson or such other Member, as the case may be,—

1. is adjudged an insolvent; or
2. engages during his term of office in any paid employment outside the duties of his office; or
3. is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

(4) If the Chairperson or any other 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 or 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 (1), be deemed to be guilty of misbehaviour.

Restriction on employment by Chairperson and Members after ceasing to hold office

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

1. re‐appointment as the Chairperson or a Member of the Lokpal;
2. 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;
3. further employment to any other office of profit under the Government of India or the Government of a State;
4. contesting any election of President or Vice President or Member of either House of Parliament or Member of either House of State Legislature or Municipality or Panchayat.

(2) Notwithstanding anything contained in sub‐section (1), a Member shall be eligible to be appointed as a Chairperson, if his total tenure as Member and Chairperson does not exceed five years.

Member to act as Chairperson or to discharge his functions in certain circumstances

10. (1) In the event of the occurrence of any vacancy in the office of 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 to fill such vacancy.

(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.

Secretary, other Officers and staff of Lokpal

11. (1) The appointment of secretary and other officers and staff of the Lokpal shall be made by the Chairperson or such other 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.

(2) 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 far as they relate to salaries, allowances, leave or pensions, require the approval of the President.

Investigation Wing

12. Notwithstanding anything contained in any law for the time being in force, the Lokpal shall constitute an Investigation Wing for the purpose of conducting investigation of any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988:

Provided that till such time the Investigation Wing is constituted by the Lokpal, the Central Government shall make available such number of investigation officers and other staff from such of its Ministries or Departments, as may be required by the Lokpal, for carrying out investigation under this Act.

Investigation officer to have powers of police

13. (1) No investigation shall be made by an investigation officer of the Investigation Wing below the rank of a Deputy Superintendent of Police or by any other officer of equivalent rank.

(2) The investigation officers of the Investigation Wing shall have in relation to the investigation of such offences, all the powers,duties, privileges and liabilities which police officers have in connection with the investigation of such offences.

Investigation officer to inquire on direction of Lokpal

14. (1) The Lokpal may, before holding any inquiry under this Act, by an order, require the investigation officer of its Investigation Wing to make, or cause to be made, a preliminary investigation in such manner as it may direct and submit a report to the Lokpal, within such time as may be specified by the Lokpal, to enable it to satisfy itself as to whether or not the matter requires to be inquired into by the Lokpal.

(2) The investigation officer on receipt of an order under sub‐section (1) shall complete the investigation and submit his report within the time specified under that sub‐section.

Appointment of Prosecution Director

15. (1) The Lokpal may, by notification, constitute a prosecution wing and appoint a prosecution Director and such other officers and employees to assist the prosecution Director for the purpose of prosecution of public servants in relation to any complaint by the Lokpal under this Act.

(2) The prosecution Director shall, after having been so directed by the Lokpal, file a complaint before the Special Court, and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988.

Expenses of Lokpal to be charged on Consolidated Fund of India

16. The 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 on the Consolidated Fund of India and any fees or other moneys taken by the Lokpal shall form part of that Fund.

Jurisdiction of Lokpal

17. (1) Subject to the other provisions of this Act, the Lokpal shall inquire into any matter involved in, or arising from, or connected with, any allegation of corruption by a public servant made in a complaint in respect of the following, namely:—

1. any person who is or has been a Minister of the Union other than the Prime Minister;
2. any person who is or has been a Member of either House of Parliament;
3. any Group ‘A’ officer or equivalent or above, when serving or who has served, in connection with the affairs of the Union;
4. any chairperson or member or officer equivalent to Group ‘A’ officer referred to in clause (c) or equivalent or above in any body or Board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an Act of Parliament or wholly or partly financed by the Central Government or controlled by it;
5. any director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) wholly or partly financed by the Government or in receipt of any sums under the Foreign Contribution (Regulation) Act, 1976 or any donation from the public:

Provided that 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.

(2) The Lokpal may inquire into any act or conduct of any person other than those referred to in sub‐section (1), if such person is associated with the allegation of corruption under the Prevention of Corruption Act, 1988.

(3) 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 of Inquiry Act, 1952.

Matters pending before any court or committee or authority before inquiry before Lokpal not to be affected

18. 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 proceeding shall be continued before such court, committee or authority.

Explanation.— For the removal of doubts, it is herby declared that continuance of such matter or proceeding before any court or committee of either House of Parliament or before any other authority, except for such matters as are protected under clause (2) of article 105 of the Constitution or are pending before a court, shall not affect the power of the Lokpal to inquire into such matter under this Act.

Constitution of benches of Lokpal

19. (1) Subject to the provisions of this Act, —

1. the jurisdiction of the Lokpal may be exercised by benches thereof;
2. a bench may be constituted by the Chairperson with two or more Members as the Chairperson may deem fit;
3. every bench shall ordinarily consist of at least one Judicial Member;
4. where a bench consists of the Chairperson, such bench shall be presided over by the Chairperson;
5. 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;
6. 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 a 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.

Distribution of business amongst Benches

20. 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.

Power of Chairperson to transfer cases

21. 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.

Decision to be by majority

22. If the Members of a bench consisting of two 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.