about the lokpal [s

About The Lokpal

THE LOKPAL AND LOKAYUKTA ACT, 2013

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About The Lokpal [S.3]

• The “Lokpal” is a body of a maximum limit of 8 members out of which half of them should be Judicial Members.

• A Judicial Member - is/was Judge of SC, CJ of a HC.

• The Chairperson-is/was CJI, Judge SC or an eminent person.

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Process For Appointing Chairperson/ Member [S.4]

• Chairperson/Members appointed- President after- obtaining recommendations-Selection Committee.

The Selection Committee consists of-

1. PM as Chairperson, 2. Speaker of LS, 3. Leader of Opp. in LS,4. CJI or Judge of SC nominated by

him,5. One eminent jurist.

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Process For Appointing Chairperson/ Member [S.4]

• A Search Committee (7persons)- constituted- Selection Comm.

• They help the Sel. Comm. to select Chairperson and Members.

• Selection Comm. may consider persons other than people recommended by the Search Comm.

• No appointment shall be invalid because of any vacancy in the Sel. Comm.1/9/2014


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Eligibility For Appointment As Chairman/ Member [S.3(4)]

• Chairperson/Members shall not be-

• 1) Less than 45years of age

• 2) Hold an office of trust or profit

• 3) MP or MLA/C of state or UT.

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• 4) Carry on any business/profession

• 5) Convicted for an offence.

• 6) Be affiliated to a pol. Party

• 7) Dismissed or removed from the service of Union or State

Eligibility For Appointment As Chairman/ Member [S.3(4)]


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Jurisdiction [S.14-19]

S.14(1)Lokpal shall inquire into any

allegations against such persons who-

(a)Was/is PM-

Lokpal shall not inquire into such allegation against PM in-

(i) Matters relation to Int. Rel., Int. & Ext. Security, Public Order, Atomic Energy, Space.

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(ii) A Full Bench- consider- initiation of inquiry

(Approval of 2/3rd members of Lokpal required to proceed with an

inquiry against the PM.)

• If Lokpal decides to dismiss the complaint then the records of such inquiry should not me published or made available to any person.

(Such inquiry to be held in camera)



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b) was/is Union Minister.

c) was/is MP

d) Group ‘A’ or ‘B’ officers defined in PCA,1988.

e) Group ‘C’ or ‘D’ officers defined in PCA,1988.

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f) was/is Chairperson/member/officer/employee of Govt. Controlled/Financed/Statutory body.

• If the body was created by state legislature or is controlled by State Govt. Lokpal shall obtain their consent.

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• g) was/is director/manager/secretary/officer of Govt. Controlled/Financed/Statutory body & whose annual income exceeds the amount specified by the Cent. Govt.



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h) was/is director/manager/secretary/officer of a body receiving donation from foreign source under Foreign Contribution (Regulation) Act, 2010 in excess of 1lakh or a higher amount specified by the Cent. Govt.

(Persons referred to in the clause shall be

deemed to be Public Servants under PCA,1988.)

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(2) Lokpal- Bar to inquire- MP- anything said or vote given- In Parliament or a committee set up by them.

(3) Lokpal can inquire- against persons- for abetting, giving/taking bribe, conspiracy in relation to an offence under PCA,1988.

(If a person is working for the State Government, Lokpal will need to

obtain State Govt. consent.)

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• (4) No inquiry to be referred under Commission of Inquiries Act,1952

• Only complaints relating to Public Servants while he was in office shall be entertained by the Lokpal

S.15

• Cases already pending before another authority, before the establishment of Lokpal, shall continue to be dealt with such authority.

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Benches Of Lokpal [S.16]

1)(a) Jurisdiction of Lokpal may be exercised by benches.

(b) It is constituted by the Chairperson with two or more members as he may deem fit.

(c) Every bench shall ordinarily consist of one Judicial Member.

(d) Bench consists- of Chairperson- presided over by him.

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(e) A bench- consists of JM & a Member other than JM(not being a chairperson) the bench shall be presided by the JM.

(f) Benches of Lokpal shall ordinarily sit at New Delhi and at such other places as the Lokpal may specify.

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2) The Lokpal shall notify the areas in relation to which each bench of Lokpal may exercise Jurisdiction.

3) The Chairperson has the power to constitute and re-constitute benches.

S.17

• The Chairperson may make provisions as to distribution of business of Lokpal amongst benches and for matters to be dealt by them.

Benches Of Lokpal [S.16/17]


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S.19 • If a bench consisting of even

no. of members differ on any point or points then the Chairperson may hear the points himself or refer it to one or more members and the differences shall be settled by way of majority.

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• The Lokpal on receipt of complaint may order a Prelim Inquiry by the Inquiry Wing or may order investigation by CBI or any agency.

• Prelim Inquiry report should be completed within 90days with a further extension of 90days.

• Investigation shall be completed ordinarily within a period of 6 months with a further extension of 6 months.

Procedure to be followed by Lokpal[S.20-24]

• A bench of min. 3 members may grant sanction to Prosec. Wing/Invest. Agency after considering report to file charge sheet or direct closure of report.

• After filing charge sheet it may order Prosec. Wing/Invest. Agency to initiate Prosecution.

• The manner and procedure for conducting Prelim. Inquiry/Invest. shall be specified by regulations.

Procedure to be followed by Lokpal[S.20-24]

S.21

• Lokpal at any stage of proceeding -

a) Order inquiry into conduct of any person,

b) If reputation of any person is likely to be affected by prilim inquiry.

• Then the Lokpal shall give that person a reasonable opportunity to be heard and to produce evidence in his defence.

Procedure to be followed by Lokpal [S.20-24]

S.22 • No prosecution shall be

initiated against any Public Servant accused of an offence done in his official capacity while discharging his official duty.

(No court shall take cognizance without prior sanction of Lokpal)

S.24• After conclusion of

investigation Lokpal may file a case in the Special Court and shall send a copy of the report with the findings of the competent authority.

Procedure to be followed by Lokpal [S.20-24]

• Notwithstanding anything in Delhi Special Police Establishment Act, 1946 and CVC Act ,2003 may give direction to CBI or any agency in respect of matters referred by Lokpal for prilim inquiry/investigation.

• However they shall not require any agency to investigate and dispose of any case in a particular manner.

Powers of Lokpal[S.25-34]

• CVC shall send a statement to Lokpal in respect of action taken on complaint and Lokpal may issue guidelines for expeditious disposal of case.

• Any officer of CBI or any agency investigating a case for Lokpal shall not be transfered without Lokpals approval.

• Central Government may make available such funds as may be required by the director of CBI or any agency.


S.26

• If Lokpal has reason to believe for investigation that any document is secreted at any place then it may authorize any agency to whom investigation is given to search and seize such documents and it may also retain such document till the investigation is completed.

(If such document is to be returned then it may duly retain a copy of such document after authentication.)


S.27 • For the purpose of prilim

inquiry the Inquiry Wing shall have powers of Civil Court under CPC, 1908 in matters namely-

i. Summoning and enforcing the attendance of the accussed

ii. Discovery and production of documents

iii. Evidence of affidavitiv. Requisitioning records from

any court/office.v. Commission for examining

witness/documents.


• Every proceeding before the Lokpal shall be deemed to be Judicial Proceedings as per S.193 IPC,1860

S.28

• The Lokpal for the purpose of Prilim Inquiry/Investigation may utilize the service of any officer/organisation/agency of Centre/State Government.

S.29

• The Lokpal or officer authorized by it may by order in writing to attach a property of a person who is-


a) In possession of any proceeds of corruption

b) Accused of committing an offence relating to corruption

c) Likely to conceal, transfer or deal with such proceeds which may frustrate any proceedings against them.


• The order of attachment shall not exceed a period of 90 days or any such period as the Special Court may deem fit.

(Nothing in this section shall prevent a person interested in the enjoyment of

immoveable property.)


S. 30

• On the attachment of property the Prosec Wing shall file an application for confirmation of attachment within 30 days before the Special Court.

• The Special Court shall confirm the attachment if it believes the property is acquired through means of corruption.

(On conviction/acquittal the Special Court shall confiscate/restore

such property attached.)


S.31

• On prima facie evidence the Special Court have reasons to believe that assets/proceeds etc are procured by means of corruption then it shall authorize their confestication until acquittal.

• Where on acquittal or modification/annulment of such order by the HC such assets/proceeds shall be returned in case its not possible the Public Servant shall be paid the price with interest of 5% p.a.


S.31

• The Lokpal while making prilim inquiry may recommend the Central Government to transfer or suspend the Pub. Serv. from the post till such period specified and the Cent. Gov. shall accept such recommendation except for reason in writing.

S.34

• The Lokpal may direct that any of its administrative/ financial power may also be exercised its members/officers/employees as may be specified in the order.


THANKING YOU

Presentation Made By-Interns (India Vision Foundation)Pranesh Misra, BBA/LLBSymbiosis Law School, Pune- 411016Guided By- Dr. Kiran Bedi

about the lokpal [s

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