THE LOKPAL AND LOKAYUKTAS BILL, 2011 To BE INTRODUCED IN LoK SABHA


To BE INTRODUCED IN LoK SABHA

THE LOKPAL AND LOKAYUKTAS BILL, 2011

ARRANGEMENT OF CLAUSES

PART I

PRELIMINARY

1. Short title, extent, application and commencement.

2. Definitions.

3. EstablishmentofLokpal.

PART II

LOKPAL FOR THEUNION

CHAPTER I

DEFINITIONS

CHAPTER II

EsTABLISHMENT OF LoKPAL

Bill No. 134 of2011

4. Appointment of Chairperson and Members on recommendations of Selection Committee.

5. Filling of vacancies of Chairperson or Members.

6. Term of office ofChairperson and Members.

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

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

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

10. Secretary, other officers and staff of Lokpal.

CHAPTER III

INQUIRY WING

l L Inquiry Wing.

CHAPTER IV

PROSECUTION WING

12. Prosecution Wing.

CHAPTERV

EXPENSES OF LOKPAL TO BE CHARGED ON CONSOLIDATED FUND OFINDIA

13. Expenses of Lokpal to be charged on Consolidated Fund oflndia.

CHAPTER VI

JURISDICTION IN RESPECT OF INQUIRY

14. Jurisdiction ofLokpal to include Prime Minister, Ministers, Members of Parliament,

Groups A, B, C and D officers and officials of Central Government.

15. Matters pending before any court or committee or authority for inquiry before

Lokpal not to be affected.

16. Constitution of benches ofLokpal.

(ii)

17. Distribution of business amongst Benches.

18. Power of Chairperson to transfer cases.

19. Decision to be by majority.

CHAPTERVTI

PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION

20. Provisions relating to complaints and preliminary inquiry and investigation.

21. Persons likely to be prejudicially affected to be heard.

22. Lokpa1 may require any public servant or any other person to furnish information, etc.

23. Previous sanction not necessary for investigation and initiating prosecution by Lokpal

in certain cases.

24. Action on investigation against public servant being Prime Minister, Ministers or

Members of Parliament.

CHAPTER VIII

POWERS OF LOKPAL

25. Supervisory powers ofLokpal.

26. Search and seizure.

27. Lokpal to have powers of civil court in certain cases.

28. Power ofLokpal to utilise services of officers of Central or State Government.

29. Provisional attachment of assets.

30. Confirmation of attachment of assets.

31. Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of

corruption in special circumstances.

32. Power of Lokpal to recommend transfer or suspension of public servant connected

with allegation of corruption

33. Power ofLokpal to give directions to prevent destruction of records during preliminary

inquiry.

34. Power to delegate.

CHAPTER IX

SPECIAL COURTS

35. Special Courts to be notified by Central Government.

36. Letter of request to a contracting State in certain cases.

CHAPTER X

COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPAL

37. Removal and suspension of Chairperson and Members of Lokpal.

38. Complaints against officials ofLokpal.

CHAPTER XI

ASSESSMENT OF LOSS AND RECOVERY THEREOF BYSPECIAL COURT

39. Assessment of loss and recovery thereof bySpecial Court.

CHAPTER XII

FINANCE, AccoUNTS AND AUDIT

40. Budget

..

. .

(iii)

41. Grants by Central Government.

42. Annual statement of accounts.

43. Furnishing of returns, etc., to Central Government.

CHAPTER XIII

DECLARATION OF ASSETS

44. Declaration of assets.

45. Presumption as to acquisition of assets by corrupt means in certain cases.

CHAPTER XIV

OFFENCES AND PENALTIES

46. Prosecution for false complaint and payment of compensation, etc., to public servant.

47. False complaint made by society or association of persons or trust.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62 .

CHAPTER XV

MISCELLANEOUS

Reports ofLokpal.

Lokpal to function as appellate authority for appeals arising out of any other law for

the time being in force.

Protection of action taken in good faith by any public servant.

Protection of action taken in good faith by others.

Members, officers and employees of Lokpal to be public servants.

Limitation to apply in certain cases.

Bar of Jurisdiction.

Legal assistance.

Act to have overriding effect

Provisions of this Act to be in addition of other laws.

Amendment of certain enactments.

Power to make rules.

Power ofLokpal to make regulations.

Laying of rules and regulations.

Power to remove difficulties.

PART III

LOKAYUKTA FOR A STATE

CHAPTER I

DEFINITIONS

63. Definitions.

CHAPTER II

ESTABLISHMENT OF LOKAYUKTA

64. Establishment ofLokayukta.

65. Appointment of Chairperson and Members and on recommendation of

Selection Committee.

66. Filling of vacancies of Chairperson or Members.

(iv)

67. Term of office ofChairperson and Members.

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

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

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

71. Secretary, other officers and staff of Lokayukta.

CHAPTER III

INQUIRY WING

72. Inquiry Wing

CHAPTER IV

PROSECUTION WING

73. Appointment of Director of prosecution.

CHAPTERV

EXPENSES OF LOKAYUKTA TO BE CHARGED ON CONSOLIDATED FUND OF STATE

74. Expenses ofLokayukta to be charged on Consolidated Fund of State.

CHAPTER VI

JURISDICTION IN RESPECT OF INQUIRY

75. Jurisdiction ofLokayukta to include Chief Minister, Ministers, Members of Legislatures,

officers and employees of State Government.

76. Matters pending before any court or committee or authority for inquiry before Lokayukta

not to be affected.

77. Constitution of benches of Lokayukta.

78. Distribution of business amongst benches.

79. Power of Chairperson to transfer cases.

80. Decision to be by majority.

CHAPTER VII

PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION

81. Provisions relating to complaints and preliminary inquiry and investigation.

82. Persons likely to be prejudicially affected to be heard.

83. Lokayukta may require any public servant or any other person to furnish information,

etc.

84. Previous sanction not necessary for investigation and initiating prosecution by

Lokayukta in certain cases

85. Action on inquiry against public servant being Chief Minister, Ministers or Members

of State Legislature.

CHAPTER VIII

POWERS OF LOKAYUKTA

86. Supervisory powers of Lokayukta.

87. Search and seizure.

88. Lokayukta to have powers of civil court in certain cases.

89. Power ofLokayukta to utilise services of officers of State Government.

(v)

90. Provisional attachment of assets.

91. Confirmation of attachment of assess.

92. Confiscation of assessts, proceeds, rceipts and benifits arisen or procured by means

of corruption in special circumstances.

93. Power ofLokayukta to recommend transfer or suspension of public servant

connected with allegation of corruption

94. Power of Lokayukta to give directions to prevent destruction of records during

preliminary inquiry.

95. Lokayukta to function as appellate authority for appeals arising out of any other

law.

96. Power to delegate.

CJ7. Application of certain provisions relating to Lokpal to apply to Lokayukta.

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