13. Expenses of Lokpal to be charged on Consolidated Fund of India.—
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 moneys taken by the Lokpal shall form part of that
Fund.
CHAPTER VI
JURISDICTION IN RESPECT OF INQUIRY
14. Jurisdiction of Lokpal to include Prime Minister, Ministers, members of Parliament,
Groups A, B, C and D officers and officials of Central Government.—
(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:—
(a) any person who is or has been a Prime Minister:
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 Prime Minister,—
(i) in so far as it relates to international relations, external and internal security, public order,
atomic energy and space;
(ii) unless a full bench of the Lokpal consisting of its Chairperson and all Members considers
the initiation of inquiry and at least two-thirds of its Members approves 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conclusion that the complaint deserves to be dismissed, the records of the inquiry shall not be
published or made available to anyone;
(b) 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
(49 of 1988) when serving or who has served, in connection with the affairs of the Union;
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(e) any Group 'C' or Group 'D' official or equivalent, 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
(49 of 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;
(f) any person who is or has been a chairperson or member or officer or employee in any body or
Board or 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:
Provided that in respect of such officers referred to in clause
(d) who have served in connection
with the affairs of the Union or in any body or Board or 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 in any body or Board or corporation or authority or company or 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 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), 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;
(h) any person who is or has been a 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) in receipt of any donation from any foreign source under the Foreign Contribution
(Regulation) Act, 2010 (42 of 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
(f) 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 any 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
(c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988) and the provisions of that Act
shall apply accordingly.
(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
(1), 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 (49 of 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 of Inquiry Act, 1952 (60 of 1952).
Explanation.—For the removal of doubts, it is hereby declared that a complaint under this Act shall
only relate to a period during which the public servant was holding or serving in that capacity.
15. Matters pending before any court or committee or authority for inquiry not to be
affected.—In case any matter or proceeding related to allegation of corruption under the Prevention
of Corruption Act, 1988 (49 of 1988) has been pending before any court or committee of either House
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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.
16. Constitution of benches of Lokpal.—
(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.
17. Distribution of business amongst benches.—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. Power of Chairperson to transfer cases.—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. Decision to be by majority.—If the Members of a 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.
CHAPTER VII
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION
20. Provisions relating to complaints and preliminary inquiry and investigation.—
(1) 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) investigation by any agency (including the Delhi Special Police Establishment) when there
exists a prima facie case:
Provided that the Lokpal shall if it has decided to proceed with the preliminary inquiry, by a general
or special order, refer the complaints or a category of complaints or a complaint received by it in respect
of public servants belonging to Group A or Group B or Group C or Group D to the Central Vigilance
11
Commission constituted under sub-section
(1) of section 3 of the Central Vigilance Commission Act,
2003 (45 of 2003):
Provided further that the Central Vigilance Commission in respect of complaints referred to it under
the first proviso, after making preliminary inquiry in respect of public servants belonging to Group A and
Group B, shall submit its report to the Lokpal in accordance with the provisions contained in sub-sections
(2) and
(4) and in case of public servants belonging to Group C and Group D, the Commission shall
proceed in accordance with the provisions of the Central Vigilance Commission Act, 2003 (45 of 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
(1), 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, a report to the Lokpal.
(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:—
(a) 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.
(4) 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.
(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 of 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
(2 of 1974), 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 a copy 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 public 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 sub-section
(7) on the filing of the charge-sheet,
direct its Prosecution Wing or any investigating agency (including the Delhi Special Police
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Establishment) to initiate prosecution in the Special Court in respect of the cases 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 number of complaints pending before it or disposed of by
it.
(11) The Lokpal may retain the original records and evidences which are likely to be required in the
process of preliminary inquiry or investigation or conduct of a case by it or by the Special Court.
(12) 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. Persons likely to be prejudicially affected to be heard.—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.
22. Lokpal may require any public servant or any other person to furnish information, etc.—
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 information or produce documents relevant to such
preliminary inquiry or investigation, to furnish any such information or produce any such document.
23. Power of Lokpal to grant sanction for initiating prosecution.—
(1) Notwithstanding anything
contained in section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or section 6A of the Delhi
Special Police Establishment Act, 1946 (25 of 1946) or section 19 of the Prevention of Corruption Act,
1988 (49 of 1988), 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 for removal of such
person has been specified therein.
(4) The provisions contained in sub-sections
(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. Action on investigation against public servant being Prime Minister, Ministers or members
of Parliament.—Where, after the conclusion of the investigation, the findings of the Lokpal disclose the
commission of an offence under the Prevention of Corruption Act, 1988 (49 of 1988) by a public servant
referred to in clause
(a) or clause
(b) or clause
(c) of sub-section
(1) of section 14, 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.
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CHAPTER VIII
POWERS OF LOKPAL
25. Supervisory powers of Lokpal.—
(1) The Lokpal shall, notwithstanding anything contained in
section 4 of the Delhi Special Police Establishment Act, 1946 (25 of 1946) and section 8 of the Central
Vigilance Commission Act, 2003 (45 of 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 Lokpal for
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 complaints referred to it under the second proviso to
sub-section
(1) 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, shall 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.
(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 effective 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. Search and seizure.—
(1) 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) may be 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. Lokpal to have powers of civil court in certain cases.—
(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 (5 of 1908), while trying a suit in respect
of the following matters, namely:—
(i) summoning and enforcing the attendance of any person and examining him on oath;
(ii) requiring 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 of witnesses or documents:
Provided that such commission, in case of a witness, shall be issued only where the witness, in
the opinion of the Lokpal, is not in a position to attend the proceeding before the Lokpal; and
(vi) such other matters as may be prescribed.
(2) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding within the meaning
of section 193 of the Indian Penal Code (45 of 1860).
14
28. Power of Lokpal to utilise services of officers of Central or State Government.—
(1) The
Lokpal may, for the purpose of conducting 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 agency whose services are utilised 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. Provisional attachment of assets.—
(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;
(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,
the Lokpal or the authorised officer may, by order in writing, provisionally attach such property for a
period not exceeding ninety days from the date of the order, in the manner provided in the Second
Schedule to the Income-tax Act, 1961 (43 of 1961) and the Lokpal and the officer shall be deemed to be
an officer under sub-rule
(e) of rule 1 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, along 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 by the Special Court
under sub-section
(2).
(4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable
property attached under sub-section
(1) 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. Confirmation of attachment of assets.—
(1) The Lokpal, when it provisionally attaches any
property under sub-section
(1) of section 29 shall, within a period of thirty days of such attachment, direct
its 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 the proceedings against the public servant in the Special Cour
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