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 Court.
(3) If the public servant is subsequently acquitted of the charges framed against him, the property,
subject to the orders of the Special Court, shall be restored to the concerned public servant along with
benefits from such property as might have accrued during the period of attachment.
15
(4) If the public servant is subsequently convicted of the charges of corruption, the proceeds relatable
to the offence under the Prevention of Corruption Act, 1988 (49 of 1988) shall be confiscated and vest in
the Central Government free from any encumbrance or leasehold interest excluding any debt due to any
bank or financial institution.
Explanation.—For the purposes of this sub-section, the expressions "bank", "debt" and "financial
institution" shall have the meanings respectively assigned to them in clauses
(d),
(g) and
(h) of section 2
of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993).
31. Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of
corruption in special circumstances.—
(1) Without prejudice to the provisions of sections 29 and 30,
where the Special Court, on the basis of prima facie evidence, has reason to believe or is satisfied that the
assets, proceeds, receipts and benefits, by whatever name called, have arisen or procured by means of
corruption by the public servant, it may authorise the confiscation of such assets, proceeds, receipts and
benefits till his acquittal.
(2) Where an order of confiscation made under sub-section
(1) is modified or annulled by the High
Court or where the public servant is acquitted by the Special Court, the assets, proceeds, receipts and
benefits, confiscated under sub-section
(1) shall be returned to such public servant, and in case it is not
possible for any reason to return the assets, proceeds, receipts and benefits, such public servant shall be
paid the price thereof including the money so confiscated with interest at the rate of five per cent. per
annum thereon calculated from the date of confiscation.
32. Power of Lokpal to recommend transfer or suspension of public servant connected with
allegation of corruption.—
(1) Where the Lokpal, while making a preliminary inquiry into allegations of
corruption, is prima facie satisfied, on the basis of evidence available,—
(i) that the continuance of the public servant referred to in clause
(d) or clause
(e) or clause
(f) of
sub-section
(1) of section 14 in his post while conducting the preliminary inquiry is likely to affect
such preliminary inquiry adversely; or
(ii) such public servant is likely to destroy or in any way tamper with the evidence or influence
witnesses,
then, the Lokpal may recommend to the Central Government for transfer or suspension of such public
servant from the post held by him till such period as may be specified in the order.
(2) The Central Government shall ordinarily accept the recommendation of the Lokpal made under
sub-section
(1), except for the reasons to be recorded in writing in a case where it is not feasible to do so
for administrative reasons.
33. Power of Lokpal to give directions to prevent destruction of records during preliminary
inquiry.—The Lokpal may, in the discharge of its functions under this Act, issue appropriate directions
to a public servant entrusted with the preparation or custody of any document or record—
(a) to protect such document or record from destruction or damage; or
(b) to prevent the public servant from altering or secreting such document or record; or
(c) to prevent the public servant from transferring or alienating any assets allegedly acquired by
him through corrupt means.
34. Power to delegate.—The Lokpal may, by general or special order in writing, and subject to such
conditions and limitations as may be specified therein, direct that any administrative or financial power
conferred on it may also be exercised or discharged by such of its Members or officers or employees as
may be specified in the order.
CHAPTER IX
SPECIAL COURTS
35. Special Courts to be constituted by Central Government.—
(1) The Central Government shall
constitute such number of Special Courts, as recommended by the Lokpal, to hear and decide the cases
arising out of the Prevention of Corruption Act, 1988 (49 of 1988) or under this Act.
16
(2) The Special Courts constituted under sub-section
(1) shall ensure completion of each trial within a
period of one year from the date of filing of the case in the Court:
Provided that in case the trial cannot be completed within a period of one year, the Special Court shall
record reasons therefore and complete the trial within a further period of not more than three months or
such further periods not exceeding three months each, for reasons to be recorded in writing before the end
of each such three months period, but not exceeding a total period of two years.
36. Letter of request to a contracting State in certain cases.—
(1) Notwithstanding anything
contained in this Act or the Code of Criminal Procedure, 1973 (2 of 1974) if, in the course of an
preliminary inquiry or investigation into an offence or other proceeding under this Act, an application is
made to a Special Court by an officer of the Lokpal authorised in this behalf that any evidence is required
in connection with the preliminary inquiry or investigation into an offence or proceeding under this Act
and he is of the opinion that such evidence may be available in any place in a contracting State, and the
Special Court, on being satisfied that such evidence is required in connection with the preliminary inquiry
or investigation into an offence or proceeding under this Act, may issue a letter of request to a court or an
authority in the contracting State competent to deal with such request to—
(i) examine the facts and circumstances of the case;
(ii) take such steps as the Special Court may specify in such letter of request; and
(iii) forward all the evidence so taken or collected to the Special Court issuing such letter of
request.
(2) The letter of request shall be transmitted in such manner as the Central Government may prescribe
in this behalf.
(3) Every statement recorded or document or thing received under sub-section
(1) shall be deemed to
be evidence collected during the course of the preliminary inquiry or investigation.
CHAPTER X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPAL
37. Removal and suspension of Chairperson and Members of Lokpal.—
(1) The Lokpal shall not
inquire into any complaint made against the Chairperson or any Member.
(2) Subject to the provisions of sub-section
(4), the Chairperson or any 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 on a petition signed by at least one hundred Members of
Parliament has, on an inquiry held in accordance with the procedure prescribed in that behalf, reported
that the Chairperson or such Member, as the case may be, ought to be removed on such ground.
(3) The President may suspend from office the Chairperson or any Member in respect of whom a
reference has been made to the Supreme Court under sub-section
(2), on receipt of the recommendation or
interim order made by the Supreme Court in this regard until the President has passed orders on receipt of
the final report of the Supreme Court on such reference.
(4) Notwithstanding anything contained in sub-section
(2), the President may, by order, remove from
the office, the Chairperson or any Member if the Chairperson or such Member, as the case may be,—
(a) is adjudged an insolvent; or
(b) engages, during his term of office, in any paid employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or
body.
(5) If the Chairperson or any 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
(2), be deemed to be guilty of misbehaviour.
17
38. Complaints against officials of Lokpal.—
(1) Every complaint of allegation or wrongdoing made
against any officer or employee or agency (including the Delhi Special Police Establishment), under or
associated with the Lokpal for an offence punishable under the Prevention of Corruption Act, 1988
(49 of 1988) shall be dealt with in accordance with the provisions of this section.
(2) The Lokpal shall complete the inquiry into the complaint or allegation made within a period of
thirty days from the date of its receipt.
(3) While making an inquiry into the complaint against any officer or employee of the Lokpal or
agency engaged or associated with the Lokpal, if it is prima facie satisfied on the basis of evidence
available, that—
(a) continuance of such officer or employee of the Lokpal or agency engaged or associated in his
post while conducting the inquiry is likely to affect such inquiry adversely; or
(b) an officer or employee of the Lokpal or agency engaged or associated is likely to destroy or in
any way tamper with the evidence or influence witnesses,
then, the Lokpal may, by order, suspend such officer or employee of the Lokpal or divest such agency
engaged or associated with the Lokpal of all powers and responsibilities hereto before exercised by it.
(4) On the completion of the inquiry, if the Lokpal is satisfied that there is prima facie evidence of the
commission of an offence under the Prevention of Corruption Act, 1988 (49 of 1988) or of any
wrongdoing, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute
such officer or employee of the Lokpal or such officer, employee, agency engaged or associated with the
Lokpal and initiate disciplinary proceedings against the official concerned:
Provided that no such order shall be passed without giving such officer or employee of the Lokpal,
such officer, employee, agency engaged or associated, a reasonable opportunity of being heard.
CHAPTER XI
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT
39. Assessment of loss and recovery thereof by Special Court.—If any public servant is convicted
of an offence under the Prevention of Corruption Act, 1988 (49 of 1988) by the special Court,
notwithstanding and without prejudice to any law for the time being in force, it may make an assessment
of loss, if any, caused to the public exchequer on account of the actions or decisions of such public
servant not taken in good faith and for which he stands convicted, and may order recovery of such loss, if
possible or quantifiable, from such public servant so convicted:
Provided that if the Special Court, for reasons to be recorded in writing, comes to the conclusion that
the loss caused was pursuant to a conspiracy with the beneficiary or beneficiaries of actions or decisions
of the public servant so convicted, then such loss may, if assessed and quantifiable under this section, also
be recovered from such beneficiary or beneficiaries proportionately.
CHAPTER XII
FINANCE, ACCOUNTS AND AUDIT
40. Budget.—The Lokpal shall prepare, in such form and at such time in each financial year as may
be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the
Lokpal and forward the same to the Central Government for information.
41. Grants by Central Government.—The Central Government may, after due appropriation made
by Parliament by law in this behalf, make to the Lokpal grants of such sums of money as are required to
be paid for the salaries and allowances payable to the Chairperson and Members and the administrative
expenses, including the salaries and allowances and pension payable to or in respect of officers and other
employees of the Lokpal.
42. Annual statement of accounts.—
(1) The Lokpal shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts in such form as may be prescribed by the
Central Government in consultation with the Comptroller and Auditor-General of India.
18
(2) The accounts of the Lokpal shall be audited by the Comptroller and Auditor-General of India at
such intervals as may be specified by him.
(3) The Comptroller and Auditor-General of India or any person appointed by him in connection with
the audit of the accounts of the Lokpal under this Act shall have the same rights, privileges and authority
in connection with such audit, as the Comptroller and Auditor-General of India generally has, in
connection with the audit of the Government accounts and, in particular, shall have the right to demand
the production of books, accounts, connected vouchers and other documents and papers and to inspect
any of the offices of the Lokpal.
(4) The accounts of the Lokpal, as certified by the Comptroller and Auditor-General of India or any
other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded
annually to the Central Government and the Central Government shall cause the same to be laid before
each House of Parliament.
43. Furnishing of returns, etc., to Central Government.—The Lokpal shall furnish to the Central
Government, at such time and in such form and manner as may be prescribed or as the Central
Government may request, such returns and statements and such particulars in regard to any matter under
the jurisdiction of the Lokpal, as the Central Government may, from time to time, require.
CHAPTER XIII
DECLARATION OF ASSETS
1
[44. Declaration of assets.—On and from the date of commencement of this Act, every public
servant shall make a declaration of his assets and liabilities in such form and manner as may be
prescribed.]
45. Presumption as to acquisition of assets by corrupt means in certain cases.—If any public
servant wilfully or for reasons which are not justifiable, fails to—
(a) to declare his assets; or
(b) gives misleading information in respect of such assets and is found to be in possession of
assets not disclosed or in respect of which misleading information was furnished,
then, such assets shall, unless otherwise proved, be presumed to belong to the public servant and shall be
presumed to be assets acquired by corrupt means:
Provided that the competent authority may condone or exempt the public servant from furnishing
information in respect of assets not exceeding such minimum value as may be prescribed.
CHAPTER XIV
OFFENCES AND PENALTIES
46. Prosecution for false complaint and payment of compensation, etc., to public servant.—
(1)
Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious
complaint under this Act shall, on conviction, be punished with imprisonment for a term which may
extend to one year and with fine which may extend to one lakh rupees.
(2) No Court, except a Special Court, shall take cognizance of an offence under sub-section
(1).
(3) No Special Court shall take cognizance of an offence under sub-section
(1) except on a complaint
made by a person against whom the false, frivolous or vexatious complaint was made or by an officer
authorised by the Lokpal.
(4) The prosecution in relation to an offence under sub-section
(1) shall be conducted by the public
prosecutor and all expenses connected with such prosecution shall be borne by the Central Government.
(5) In case of conviction of a person [being an individual or society or association of persons or trust
(whether registered or not)], for having made a false complaint under this Act, such person shall be liable
to pay compensation to the public servant against whom he made the false complaint in addition to the
legal expenses for contesting the case by such public servant, as the Special Court may determine.
1. Subs. by Act 37 of 2016, s. 2, for section 44 (w.e.f. 16-1-2014).
19
(6) Nothing contained in this section shall apply in case of complaints made in good faith.
Explanation.—For the purpose of this sub-section, the expression “good faith” means any act
believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake
of fact believing himself justified by law under section 79 of the Indian Penal Code (45 of 1860).
47. False complaint made by society or association of persons or trust.—
(1) Where any offence
under sub-section
(1) of section 46 has been committed by any society or association of persons or trust
(whether registered or not), every person who, at the time the offence was committed, was directly in
charge of, and was responsible to, the society or association of persons or trust, for the conduct of the
business or affairs or activities of the society or association of persons or trust as well as such society or
association of persons or trust shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section
(1), where an offence under this Act has been
committed by a society or association of persons or trust (whether registered or not) and it is proved that
the offence has been committed with the consent or connivance of, or is attributable to any neglect on the
part of, any director, manager, secretary or other officer of such society or association of persons or trust,
such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
CHAPTER XV
MISCELLANEOUS
48. Reports of Lokpal.—It shall be the duty of the Lokpal to present annually to the President a
report on the work done by the Lokpal and on receipt of such report the President shall cause a copy
thereof together with a memorandum explaining, in respect of the cases, if any, where the advice of the
Lokpal was not accepted, the reason for such non-acceptance to be laid before each House of Parliament.
49. Lokpal to function as appellate authority for appeals arising out of any other law for the
time being in force.—The Lokpal shall function as the final appellate authority in respect of appeals
arising out of any other law for the time being in force providing for delivery of public services and
redressal of public grievances by any public authority in cases where the decision contains findings of
corruption under the Prevention of Corruption Act, 1988 (49 of 1988).
50. Protection of action taken in good faith by any public servant.—No suit, prosecution or other
legal proceedings under this Act shall lie against any public servant, in respect of anything which is done
in good faith or intended to be done in the discharge of his official functions or in exercise of his powers.
51. Protection of action taken in good faith by others.—No suit, prosecution or other legal
proceedings shall lie against the Lokpal or against any officer, employee, agency or any person, in respect
of anything which is done in good faith or intended to be done under this Act or the rules or the
regulations made thereunder.
52. Members, officers and employees of Lokpal to be public servants.—The Chairperson,
Members, officers and other employees of the Lokpal shall be deemed, when acting or purporting to act
in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of
the Indian Penal Code (45 of 1860).
53. Limitation to apply in certain cases.—The Lokpal shall not inquire or investigate into any
complaint, if the complaint is made after the expiry of a period of seven years from the date on which the
offence mentioned in such complaint is alleged to have been committed.
54. Bar of jurisdiction.—No civil court shall have jurisdiction in respect of any matter which the
Lokpal is empowered by or under this Act to determine.
20
55. Legal assistance.—The Lokpal shall provide to every person against whom a complaint has been
made, before it, under this Act, legal assistance to defend his case before the Lokpal, if such assistance is
requested for.
56. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any enactment other than this Act or in any instrument
having effect by virtue of any enactment other than this Act.
57. Provisions of this Act to be in addition of other laws.—The provisions of this Act shall be in
addition to, and not in derogation of, any other law for the time being in force.
58. Amendment of certain enactments.—The enactments specified in the Schedule shall be
amended in the manner specified therein.
59. Power to make rules.—
(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the form of complaint referred to in clause
(e) of sub-section
(1) of section 2;
(b) the term of the Search Committee, the fee and allowances payable to its members and the
manner of selection of panel of names under sub-section
(5) of section 4;
(c) the post or posts in respect of which the appointment shall be made after consultation with the
Union Public Service Commission under the proviso to sub-section
(3) of section 10;
(d) other matters for which the Lokpal shall have the powers of a civil court under clause (vi) of
sub-section
(1) of section 27;
(e) the manner of sending the order of attachment along with the material to the Special Court
under sub-section
(2) of section 29;
(f) the manner of transmitting the letter of request under sub-section
(2) of section 36;
(g) the form and the time for preparing in each financial year the budget for the next financial
year, showing the estimated receipts and expenditure of the Lokpal under section 40;
(h) the form for maintaining the accounts and other relevant records and the form of annual
statement of accounts under sub-section
(1) of section 42;
(i) the form and manner and the time for preparing the returns and statements along with
particulars under section 43;
(j) the form and the time for preparing an annual return giving a summary of its activities during
the previous year under sub-section
(5) of section 44;
1
[
(k) the form and manner of declaration of assets and liabilities by public servants under
section 44:
Provided that the rules may be made under this clause retrospectively from the date on which that
provisions of this Act came into force;]
(l) the minimum value for which the competent authority may condone or exempt a public
servant from furnishing information in respect of assets under the proviso to section 45;
(m) any other matter which is to be or may be prescribed.
60. Power of Lokpal to make regulations.—
(1) Subject to the provisions of this Act and the rules
made thereunder, the Lokpal may, by notification in the Official Gazette, make regulations to carry out
the provisions of this Act.
1. Subs. by Act 37 of 2016. s. 3, for clause
(k) (w.e.f. 16-1-2014).
21
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the conditions of service of the secretary and other officers and staff of the Lokpal and the
matters which in so far as they relate to salaries, allowances, leave or pensions, require the approval
of the President under sub-section
(4) of section 10;
(b) the place of sittings of benches of the Lokpal under clause
(f) of sub-section
(1) of section 16;
(c) the manner for displaying on the website of the Lokpal, the status of all complaints pending or
disposed of along with records and evidence with reference thereto under sub-section
(10) of
section 20;
(d) the manner and procedure of conducting preliminary inquiry or investigation under
sub-section
(11) of section 20;
(e) any other matter which is required to be, or may be, specified under this Act.
61. Laying of rules and regulations.—Every rule and regulation made under this Act shall be laid,
as soon as may be after it is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule
or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule or regulation.
62. Power to remove difficulties.—
(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act, as appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of two years
from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
PART III
ESTABLISHMENT OF THE LOKAYUKTA
63. Establishment of Lokayukta.—Every State shall establish a body to be known as the Lokayukta
for the
