Lokpal Bills' Comparison
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Transcript of Lokpal Bills' Comparison
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COMPARISON OF LOKPAL BILLS OF GOVERNMENT AND CIVIL SOCIETY
MEMBERS OF THE LOKPAL DRAFTING COMMITTEE
By Anuj Kapoor
Particulars and whether in
complete agreement (CA),
substantial agreement (SA),
substantial disagreement
(SD).
Bill by Civil Society Members of
the Drafting Committee
Bill by Governments
Members in the Drafting
Committee
Overriding effect (CA) The Act to have overriding
effect over and any existing
provision repugnant to
provisions of this act would bedeemed to have been amended to
that effect
-do-
Constitution (SA) Chairperson plus 10 other
members along with its officers
and employees.
At least 4 to have legal
background, not more than 2 to be
former civil servants
Chairperson plus ten
members.
At least 4 to be Judicial
members.
Secretary and other staff also
to be appointed
Eligibility for Chairperson
and members of Lokpal
(SA)
Impeccable integrity, having
record of public service
particularly in the field of
fighting corruption
Chairperson/Member:
impeccable integrity,
outstanding ability and
standing having knowledge
of, and professional
experience of not less than
25 years.
Judicial Member: Chief
Justice of HC or judge SC
On appointment, oath by
Chairperson and members
of Lokpal before whom
(CA)
President -do-
Appointment by
(SD)
Selection committee consisting of
the PM as the Chairperson, Leader
of Opposition in Lok Sabha, two
judges of SC and two Chief
Justices of HCs. Selection
President on recommendation
by Selection Committee
consisting of PM as
Chairperson, Speaker of Lok
Sabha, Leader of House other
than House to which PM
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Till when appointments to
take place (SD)
Institution of first lokpal with
chairperson and members to be
ready within six months
No such provision
Vacancy when filled (SA) New Chairperson/Member to be
appointed 3 months before
expiry of existing term. If
vacancy due o unforeseen
circumstances, to be filled within
3 months
-do-
No provision for vacancy due
to unforeseen circumstances
Persons not eligible to be
Chairperson or member (SD)
Not a citizen, any person ever
charged for any offence involving
moral turpitude, person less than
45 years in age, person who was inservice of any government within
last two years.
No such provision
Chairperson and member to
be ineligible to hold other
office (CA)
Shall not be a MP/MLA, shall
not hold any office of trust or
profit (other than his office as a
Chairperson or member) or be
connected with any political
party or carry on any business or
practice any profession, and if heis any of these then he shall
cease to do/be the same.
-do-
Terms of office etc (CA) Term: 5 years or till the
attainment of 70 years of age,
whichever is earlier;
While Chairperson gets same
allowance and salary as the
Chief Justice of India, the
members get the same as thejudges of the Supreme Court.
Terms not to be varied to his
disadvantage after appointment
-do-
Ineligibility of holding
other offices after person
ceases to hold office of
Chairperson/member (CA)
Ineligible for: position in the
central or state govt or any such
body which is funded by any of
the govts or for contesting
elections to Parliament, State
Legislature or local bodies.
Ineligible for appointment
as: Chairperson/member of
Lokpal (again), any
diplomatic assignment,
administrator of Union
territory, any appointment
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required by law to be made
by President, any office of
any government at India or
at state and contesting
elections for President, VP,Parliament or State
legislature, municipality,
pancchayat.
Secretary to Lokpal (SA) Lokpal to appoint Secretary (same
rank as Secretarty to govt of India)
who shall be competent to
authenticate all decisions of
Lokpal.
Secretary to be appointed but
role not defined.
Removal of
Chairperson/Member by
whom
By President on recommendation
of SC
-do-
Grounds for removal (SA) Guilty of misbehaviour, physical
or mental infirmity, insolvent,
engages in paid employment
outside
President to remove only on
recommendation by SC.
Grounds of removal are same.
President can remove on all
grounds except misbehaviour,
for which he can remove only
on recommendation of SC
Being interested incontract/agreement by or on
behalf of central or state govt
etc is deemed misbehaviour.
Ground of misbehaviour to be
decided by the SC
Suspension of
Chairperson/Member during
pendency of proceedings
before SC (SD)
SC may order for suspension President may suspend
Complaint against
Chairperson/Member (SD)
SC to decide upon the reference by
President within 3 months.
No mention of to whom a
complaint against
Chairperson/member may be
made.
Frivolous complainant may be
fined and or imprisoned for
maximum one year by SC.
Lokpal not to make inquiry
into complaint against
Chairperson/member.
Complaint to be made to the
President. President to refer
to SC if prima facie case of
bias or corruption exists.
No provision regarding
frivolous complaints againstChairperson/member
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Constitution of benches of
Lokpal (SA)
Each bench to comprise of 2 or
more members and shall have at
least one member with legal
background.
Bench comprising of 2 or
more members to be
constituted by Chairperson.
To consist of at least one
Judicial member
Working between the
Chairperson and other
members (SA)
All policy level decisions
including formulation of
regulations, assignment and
delegation of functions and powers
to be taken by the Chairperson and
members collectively, in
accordance with such regulations.
Chairperson to decide
distribution of work amongst
the benches.
Decision by a bench to be by
majority and in case of
difference of opinion, to be
given for reference.
Complaints against officials
of Lokpal (SA)
Each state to have at least one
Complaints Authority to entertain
complaints against Lokpal
officers/staff. Such Complaints
Authority to consist of 5 members
(chaired by retired Chief Justice of
HC, plus two retired civil servants
and two members from civil
society), to be nominated by 3-
member committee comprising of
Chief Justice of HC of State,Lokayukta of State, Chairman of
State Human Rights Commission.
Complaints received to be decided
within 2 months, inquired in
public hearing giving reasonable
opportunity to be heard to
officer/employee. If found guilty,
dismissal, reduction in rank or
removal may be ordered by
Complaints Authority.
Orders of Complaints Authority
subject to writ jurisdiction of HC.
In suitable cases, it may direct
suspension of officer/employee.
Inquiry against any
officer/agency under or
associated with Lokpal for
offence under PCA, 1988 to
be completed within 30 days
by Lokpal. If during inquiry,
Lokpal is prima facie satisfied
that continuance of such
employee is likely to affect
such inquiry adversely, or
that he is likely to tamperwith evidence, then Lokpal
may suspend or divest it of
authority associated with
Lokpal.
On completion of inquiry, if
Lokpal prima facie satisfied
that case exists, it shall order
initiation of prosecution and
initiate disciplinary
proceedings against such
employee etc.
Reasonable opportunity to be
heard to be given to such
employee.
Persons over whom Lokpal
competent to exercise
jurisdiction (SD)
Over all public servants as
defined u/s 2(c) of PCA, 1988.
Covers MPs even in relation to
their speech or vote inside
Parliament.
Present or former minister of
Union, except PM; present or
former MP; serving or former
group A officer or
equivalent or above in
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connection with affairs of
Centre;
Chairperson/member/officer
equivalent to group A
officer or equivalent or abovein any body, board,
corporation, company,
authority etc either
established under central law,
or controlled or financed by
centre, whether partially or
completely.
Not over MP in respect of
anything said or a vote given
by him in Parliament or any
committee thereof covered
under Article 105 of the
Constitution.
Lokpal may inquire into any
act/conduct of any other
person if such person is
associated with an allegation
of corruption under PCA,
1988.
Pending matters whether to
be transferred before Lokpal
(SD)
No express provision on the issue Matters pending before court,
committee, parliament or any
other authority prior to
commencement of an inquiry
this Act to continue before
such body. However,
continuance of such matters
not to affect power of Lokpal
to inquire into such matter
under the Act
Investigation by whom (SA) The anti-corruption branch of CBI
(i.e. that part of the Delhi Special
Police Establishment which deals
with investigation and prosecution
of offences under the PCA, 1988)
to be merged in Lokpal. Central
govt cease to have any control
over this branch.
Lokpal to have supervisory powersover investigation, shall be
Lokpal to constitute
investigation wing for
conducting investigation
under the Prevention of
Corruption Act (PCA), 1988.
Till the time this investigation
wing is constituted, central
govt to provide staff as
required by Lokpal.Lokpal empowered to utilize
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empowered to give directions for
proper investigation
Lokpal empowered to seek help
from any public authority.
services of any officer or
investigation agency of
central or any state govt.
Preliminary investigation
before inquiry by Lokpal is
started (SA)
No such provision. But
supervisory power and power to
direct proper investigation would
include power to order preliminary
investigation
Lokpal may by order require
IO of investigation wing to
make preliminary
investigation and submit
report within time specified
by it.
Prosecution by whom (CA) Lokpal to initiate prosecution
before Special Court established
under PCA, 1988. Power
conferred on Lokpal to makeregulations for creation of
different wings like investigation
wing, prosecution wing.
Lokpal, may by notification,
constitute a prosecution wing
and appoint a prosecution
director and other officers.Once appointed, prosecution
director shall, after so
directed file complain before
Special Court and handle
prosecution of public servants
uncer PCA, 1988.
Powers of Investigating
officers (IO) of Lokpal (SA)
IO of Lokpal authorized to
investigate offences under
PCA,1988 shall have same powers
vested in police offer under CrPCas well as power conferred to
director of enforcement under
FEMA, 1999 and Money
Laundering Act, 2002.
IO shall have in relation to
investigation of offences
under the PCA, all powers,
privileges, duties andliabilities that police officers
have in connection of those
offences.
Investigation not to be made
by IOs below the rank of DSP
or other officer of equivalent
rank.
Public proceedings (SA) Hearings in any proceedings to be
held in public except when in public interest, and for reasons
recorded it is otherwise. Public
proceedings to be video recorded,
same shall be accessible on
payment of costs
Same except for videop
recording of proceedings andaccess to same on payment of
costs
Suo moto action Empowered to take suo moto
action
No mention whether Lokpal
has this power or not
Complaint made to whom
and how
Complaint may be made in form
of FIR. No payment of fee or
No express provision
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affidavit reqd. May be made at any
office of Lokpal.
Procedure of inquiry before
Lokpal
No provisions on preliminary
inquiry and right of public servant
to be heard.
After completion of investigation
against public servant, Lokpal may
either initiate prosecution or
initiate proceedings for imposition
of penalty or both.
Lokpal to appoint requisite no of
judicial officers, who may be
either retired judges of retired civil
servant, to conduct proceedings forimposition of penalty.
Full opportunity to show cause to
be given to public servant in
proceeding for imposition of
penalty. After conclusion of
inquiry, bench to determine the
penalty, if any. Decision to be
subject to approval by higher
authority prescribed by Lokpal.Recommendation so approved to
be binding on appointing
authority.
Upon receipt of complaint,
Lokpal to satisfy itself
whether prima facie case
made out or not.
For this, may itself make
Preliminary Inquiry or direct
investigation wing to do so.
Preliminary inquiry ordinarily
to be done within 30 days.
Before coming to conclusion
that prima facie case exists,
required to give hearing to theconcerned public servant.
If considers that prima facie
case doesnt exist, to
communicate decision to
complainant and concerned
public servant.
If considers that prima facie
case exists, then refer for
investigation.Upon completion of
investigation and before filing
chargesheet, again
opportunity to be given to
concerned public servant.
Investigation to be ordinarily
done within 6 months.
Manner and procedure of
inquiry and investigation to
be specified by regulations.
In case of public servants on
whom Lokpal exercises
jurisdiction, other than MPs
and ministers, if findings of
Lokpal disclose offence under
PCA, 1988, then Lokpal may
file case before Special Court,
copy of report and Lokpals
findings to be to sent public
servant and to competentauthority, to whom Lokpal
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may recommend initiation of
disciplinary proceedings.
Such authority shall within 30
days initiate disciplinary
proceedings and within six
months of such initiation,
forward its comments on
report, including action taken
or proposed.
Prior sanction to initiate
prosecution/ investigation
(SA)
Any permission reqd under any
law for initiating
prosecution/investigation shall be
deemed to have been granted once
Lokpal has granted permission to
initiate suchinvestigation/prosecution. Section
197, CrPC and Section 6A Delhi
Police Establishment Act shall not
be applicable to proceedings under
the Act. Section 19(1) and (2) of
PCA, 1988 shall stand deleted.
No sanction/permission shall
be reqd by Lokpal for making
inquiry or investigation into
any complaint or for filling
complaint before Special
Court under the Act. Otherlaw accordingly made subject
to this Act.
Abovementioned provision to
not apply for those holding
office under the Constitution
and in respect of whom
special procedure for removal
is laid therein. Also not to
affect operation of Article
311(3)(c) and Article 320 ofConstitution.
Special procedure in cases
against high public
functionaries (SD)
No investigation/prosecution
against PM, other ministers of the
central govt, any judge of HC/SC,
MP to be initiated without
obtaining permission from 7-
member bench of Lokpal.
No involvement of competent
authority.
When after investigation,
findings of Lokpal disclose
offence under PCA, 1988
against minister/MP, Lokpal
may file case before Special
Court and shall send a copy
of the report along with its
findings to competentauthority.
The same shall be laid before
the House by the
Speaker/Chairman, as the
case may be, to which the
MP/minister belongs.
Competent authority shall
examine the report and
inform Lokpal within 90 days
about action taken orproposed to be taken.
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Power to issue Letters
Rogatory (SA)
Lokpal is empowered to authorise
a bench of the Lokpal to issue
Letters-Rogatory in relation to
pending case under the Act
Special Court may, on
application made to it by the
IO of Lokpal, issue letter of
request to other contracting
state for examining facts of
the case, take such steps as
the Special Court may specify
and forwarding to Special
Court all evidence.
Powers of civil court Powers of civil court conferred. -do-
Proceeding to be a judicial
proceeding for purposes of S.
193, IPC.
Power to attach assets during
pendency of trial (SD)
During course of investigation, if
it appears to IO that property has
been acquired by corrupt means,
Special Court shall make order of
attachment of those assets so that
they are available for confiscation
if conviction takes place. In case
accused person is acquitted,
property shall be restored to him.
Similar power conferred on
Lokpal and IO but they
should also believe that such
proceeds (property) is likely
to be concealed, transferred
etc, he may then order
provisional attachment in a
manner as prescribed under
Income Tax Act. Copy of
such order along with basis
for opinion to be forwarded toSpecial Court.
Nothing shall prevent person
interested in enjoyment of
attached property, from such
enjoyment.
Within 30 days of such
attachment, the Lokpal shall
direct its prosecution wing to
make application stating casefacts and seeking prayer of
confirmation of such
attachment till completion of
trial.
Special Court to grant the
prayer of confirming
attachment if it is satisfied
that property was acquired by
corrupt means.
In case of acquittal, property
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to be restored along with
benefits thereon as may have
accrued.
Interception of telephone,
internet (SA)
Lokpal Bench empowered to
direct interception and monitoring
of telephones, internet etc after
scrutiny. Indian telegraph Act to
be amended accordingly.
No such power given
Power of contempt (SD) No mention of any power to
contempt. However, Lokpal bench
is empowered to impose penalties
and sentence of imprisonment upto
maximum 6 months for failure to
comply with its orders
Jurisdiction, power and
authority in respect of
contempt of itself same as
that exercised by HCs.
Contempt matters to be heard
by a bench of 5 members.
Power to recommend transfer
(SA)
If Lokpal feels that continuance of
govt servant in a position can
adversely affect the investigation,
or he is likely to tamper with
evidence or influence witnesses or
continue with corruption, Lokpal
may direct transfer of such
employee.
-do-
Further, that the central govt
shall ordinarily accept the
recommendation, except
where it is not feasible for
administrative reasons, which
are to be recorded in writing.
Power to recommend
preventive action to public
authority
Lokpal, if satisfied during
investigation about necessity of
any preventive action to prevent
ongoing corruption, may make
recommendation to such public
authority. If recommendation is
rejected, Lokpal may move HC
against it.
No such power given to
Lokpal
Power to search and seizure
(SA)
Power to authorise IO to search
for and seize such documents as
the Lokpal considers to be
relevant. Power to authorise such
documents to be retained if reqd
as evidence during inquiry.
CrPC to be followed as far as
may be.
Lokpal empowered toauthorize, by search warrant,
search and inspection for any
property, document or thing.
CrPC to be followed as far as
may be. Such warrant deemed
to be warrant under CrPC
Other powers of Lokpal Power to impose punishment of
dismissal, removal or reduction
No such powers conferred on
Lokpal
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in rank against govt servants,
after reasonable hearing
Power to recruit IOs and other
officers and get them trained in
modern methods. Power toacquire modern investigation
equipment.
To recommend
cancellation/modification of
lease/contract etc if obtained by
corrupt means and to
recommend blacklisting of
organisation involved. In event
of rejection, Lokpal entitled to
move HC.
To make recommendations to
public authorities, in
consultation with them, for
reduction of corruption and
whistleblower victimisation.
To prepare sentencing policy for
offences under PCA, 1988.
To inquire into asset declaration
statements of successfully
elected MPs
Empowered to perform such
other functions necessary for
implementation of the Act.
What upon conviction (SA) Upon conviction, Special court to
determine assets acquired by
convicted public servant from
corrupt acts. Special Court to pass
order for confiscation of all such
assets as well as subsequent
accruals on them.
Loss caused by corrupt act of
convicted public servant to be
determined and order for recovery
of such amount shall be made by
Special Court.
Act provides for minimum 6
months imprisonment as
If public servant convicted,
relatable proceeds to be
confiscated and to vest in
govt free of any encumbrance
etc.
Special Court empowered to
make assessment of loss, if
any, caused to public
exchequer on account of
actions taken for which public
servant stands convicted, and
may order recovery of such
loss, if possible and
quantifiable from such
convicted public servant.May, in certain situation, also
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punishment for act of corruption.
If beneficiary of offence is
business entity, 5 times the loss
caused may be recovered. Such
recovery may be made from personal assets of managing
directors if assets of business
entity insufficient.
If company/director convicted,
such company/director shall be
blacklisted and ineligible for
future govt work.
Conviction of public servant to
lead to his removal from office.
If Lokpal directs fine to be
deducted from salary, duty of
disbursing officer giving such
salary to deduct, otherwise he shall
become liable for the similar fine.
be recovered from
beneficiary.
Appeal against orders of
Lokpal
Appeal shall be subject to writ
jurisdiction of HC under Article
226 of the Constitution.
Ordinarily, HCs not to stayLokpals order. When they do,
case must be decided within 2
months, else stay would be
deemed to be vacated and no
further stay could be granted.
Chief Justices of HCs to
constitute special exclusive
benches to hear cases under the
Act and to ensure that case is
decided not later than in 6
months.
No provision regarding
appeal against orders of
Lokpal.
No provision for constitutionof special benches of HCs.
Funding and financial
independence from central
govt (SD)
All expenses to be charged to
Consolidated Fund of India.
Chairperson and Member
collectively shall finalise the
Lokpals budget in such a manner
that it is less than % of the total
revenue of the Govt of India.
Lokpal would not need any
Expenses of Lokpal,
including all salaries etc
payable to Chairperson,
members and other staff shall
be charged on Consolidated
Fund of India.
Lokpal to prepare and its
budget for next financial year
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administrative or financial
sanction from any govt agency to
incur expenditure.
in advance and forward it to
central govt for information.
Central govt may, after due
appropriation made by
Parliament by law, make toLokpal grants to meet salaries
etc payable to Chairperson,
Members and other staff.
Auditing and Parliamentary
supervision (SA)
CAG to conduct annual financial
and performance audit.
A Parliamentary Committee to do
annual appraisal of Lokpals
functioning.
Lokpal to submit a compliance
report, mentioning reasons where
it doesnt accept recommendations
of committee. Such report to be
placed before both houses of
Parliament.
Lokpal to maintain accounts
and records, to prepare annual
statement of accounts.
Accounts to be audited by
CAG. CAG or person
appointed by him shall have
same rights etc as the CAG
has in connection with audit
of govt accounts.
Accounts and audit report
shall be forwarded annually
to central govt which shall
place it before both houses of
Parliament.
Periodical reports (SA) To present annual consolidated
report on performance toPresident. Copy thereof with
explanatory notes to be
forwarded by President before
both Houses.
Lokpal to furnish every month
information about new cases
received, disposed of, outcome
in each, list of pending cases,
minutes of meetings.
Lokpal to submit to central
govt, at such time and insuch manner as the central
govt prescribes, information
in regard to any matter
under its jurisdiction, as the
central govt may require.
Lokpal required to present to
central govt an annual report
giving summary of its
activities. Central govt shall
lay it before both houses ofParliament.
Public Servants to submit
property statements (SA)
All public servants to give his and
his family members (spouse and
children and dependents)
statement of assets and liabilities
to Head of that public authority
within 3 months of Act coming
into force.
Head to ensure such statements are
Every public servants shall
make declaration of assets
and liabilities in manner
prescribed.
Public servant to provide such
info within 30 days of
appointment to public office;
those already holding office
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published on its website.
If found that public servant owns
some property which wasnt
disclosed, same shall be liable to
be confiscated.Possession of undisclosed
property, shall lead to presumption
of ownership unless rebutted.
also to provide info within 30
days of Act coming into
force.
Annual return of such assets
and liabilities to be filed withcompetent authority annually,
which such authority shall
assure are published on its
website.
Failure to provide info by
public servant, or to provide
misleading info, shall lead to
presumption that such assets
have been acquired by corrupt
means.
Provisions to prevent
corruption (SD)
No govt official to be eligible to
take up job etc with any
organisation he dealt with in his
official capacity.
All contracts, public-private
partnerships transfers by sale,
lease, any form of largesse by any
public authority to be completed
transparently by calling for publictenders/bids etc, unless in
emergency. Violation of this shall
make contract etc void. Details of
all such contracts etc to be put on
website.
All contracts etc relating to
transfer of natural resources to any
private entity shall be put on
website within a week of beingsigned.
No such provisions.
Citizens Charter (SD) Each public authority to have
citizens charter (CC) within one
year of Act coming into force,
which shall be revised every year
through process of public
consultation.
Charter to list commitments to
citizens, time period of meetingthem and designate officer
Every ministry, department,
corporation, authority etc
constituted under central law
or partly of wholly financed
by it or controlled by it, and
society/association/trust
receiving grants from govt,
public or under ForeignContribution (Regulation) Act
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responsible for such commitments.
Lokpal may direct binding
changes.
If no CC is prepared, Lokpal in
consultation with public authority,shall notify CC binding on public
authority.
Public authority to make
assessment of resources reqd. for
fulfilment of CC, govt shall be
bound to provide the same.
Each public authority to designate
senior most officer in each station
where such authority has an office
as Public Grievance Redressal
Officer (PGRO) for that office.
Complaints can be made to PGRO
regarding violation of CC. PGRO
to get grievance redressed within
30 days. Upon failure, complaint
may be made to Lokpal, which
after hearing may impose suitable
penalty on PGRO. Lokpal may
also recommend departmental
punishment against PGRO and
shall order redressal of grievance
within time frame. Each district to
have at least one Appellate
Grievance Redressal Officer
(AGRO) whose social audit
through public consultation to take
place periodically.
shall prepare CC within a
year of Act coming into
effect. Same specifications
reqd. in CC.
All such bodies mandated to prepare CC shall also have
PGRO to whom complaint of
non-compliance of CC may
be made by aggrieved person.
One PGRO in each district
where office of such authority
is located.
No further mechanism for
grievance Redressal
mentioned.
No institutional link with
Lokpal specified.
Whistle Blower (SD) Contains provision where Lokpal
is duty bound to encourage whistle
blowers and to provide full
protection to them, keep identity
secret, if needed, to give suitable
directions in this behalf to
investigating agencies. Orders
upon such complaints by whistle
blowers to be made within one
month of complaint. Fast tracked
No such provision regarding
whistleblowers.
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investigation mandated where
whistleblowers face victimisation.
Penalties for baseless
complaints (SD)
Maximum fine upto Rs one lakh
may be imposed upon
complainants whose complaints
are found to be baseless and only
to harass certain authorities. If
such complaint is against any
officer of Lokpal, Lokpal may
sentence complainant to 3 months
imprisonment in addition to fine.
Complainants to be given
opportunity to be heard before any
such order is made.Complaints once made cannot be
withdrawn
Person who makes complaint
which is held by Lokpal to be
false and frivolous commits
offence punishable
imprisonment of minimum 2
years which may extend to 5
years and also with maximum
fine of Rs 2 lakhs.
Cognizance of such
complaint to be taken by
court only upon complaint by
person against whom suchfrivolous complaint was
made. Expenses of such
prosecution to be borne by
central govt.
Upon conviction, such
convicted complainant to pay
compensation and legal
expenses, as court may direct.
In case of such offence bysociety/trust/association of
persons, those who were in
charge and responsible for
conduct of business shall be
liable to be punished.
Transparency (SD) Express obligation to make the
office of Lokpal transparent and its
workings, information held by it,
records of each case accessible to
public
No such express obligation
other than those already
stated
Measures to ensure integrity
(SD)
Lokpal to conduct regular integrity
audit and either study himself or
cause to be studied himself the
functioning of the public
authorities under it.
No express provision for the
same
Reward scheme (SD) Lokpal to prepare appropriate
reward scheme to encourage
complaints from both inside and
No such provision present
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outside governments
Assessment of no of judges
required (SA)
Every year Lokpal to assess and
recommend to central govt for
constitution no of special courts
required to meet objective of
speedy trial. Such
recommendation to be biding on
central govt. Such special courts
must be exclusively for cases
under this Act.
Central govt to constitute
such no of Special Courts to
hear and decide cases under
PCA, 1988 as the Lokpalrecommends.
Time limits (SA) Ordinarily, investigation to be
completed within 6 months, trial
within 12 months
Ordinarily, preliminary
inquiry/investigation to be
completed within 30 days,inquiry within 6 months, trial
within one year.
With respect to complaints
against officers/staff of
Lokpal, it should complete
inquiry within 30 days, order
prosecution, if prima facie
case made out, within 15
days.
Immunity to bribe giver (SD) Bribe giver may be grantedimmunity from prosecution by
special court if he voluntarily
gives timely assistance to Lokpal
for the purpose of getting bribe
taker public servant caught and
convicted, provided he
relinquishes the illegitimate
benefits acquired by him.
No such provision.
Good faith protection clause No such protection clause. No suit, prosecution or otherproceedings shall lie against
any public servant including
Lokpal, its officers/staff etc
for anything done in good
faith or intended to be done in
discharge of his official
duties.
Bar of jurisdiction of civil
courts
No express clause for exclusion of
jurisdiction of civil court.
No civil to have jurisdiction
in respect of any matter
which Lokpal under this Act
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is empowered to determine.
Amendment/modifications in
other Act (SD)
Other than those already specified,
the applicability and modifications
of provisions of other Acts shall be
as follows:
Section 389(3), CrPC (dealing
with suspension of sentence if
convicted person satisfies Court
that he indents to present appeal
and where sentence is not more
than 3 years, or offence is a
bailable one and he is on bail)
shall not be applicable to offences
under PCA, 1988.Right to file appeal against
sentence and acquittal to lie with
Lokpal. Section 377 and 378,
CrPC to be applicable accordingly.
Complainant also to have right to
appeal, Section 372, CrPC to be
applicable accordingly.
Notwithstanding Section 397,
CrPC, no court shall ordinarily callfor records in of trial for offences
under PCA, 1988.
Lokpal shall have power to
investigate, and Special Courts
shall have jurisdiction to try
offences under PCA, 1988
notwithstanding Money
Laundering Act, 2002.
In trial of offences under PCA,
1988 no adjournment shall be
granted unless it is necessary for
interests of justice and is recorded
in writing.
Other than those already
specified, following
provisions of other Act
modified:
Section 3 of Commissions of
Inquiry Act to become subject
to this Act.
Maximum imprisonment for
criminal misconduct by
public servant enhanced from
seven years to ten years.
Maximum imprisonment for
habitual committing of
offence under Section 8, 9 or
12 enhanced from seven to
ten years. Section 13 and 14
respectively of PCA, 1988 to
be amended accordingly.
Power to make rules and
regulations (SA)
Lokpal may by notification make
regulations consistent with the
Act, to carry out the provisions of
the Act. Regulations to be laid
before both Houses of Parliament.
Central govt may, by
notification, make rules to
carry out provisions of the
Act.
Subject to the provisions of
the Act and rules made
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thereunder, Lokpal may make
regulations to carry out
provisions of the Act.
Both Rules and regulations to
be laid before both Houses.
Removal of Difficulties (SA) If any difficulty arises in giving
effect to the Act, Central govt
may, on recommendation of
Lokpal, by order, remove such
difficulty within 2 years of
commencement of the Act. Such
order shall be laid before both
Houses.
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Except that it is not provided
that Central govt should
consult Lokpal.