To BE INTRODUCED IN LoK SABHA
THE LOKPAL AND LOKAYUKTAS BILL, 2011
ARRANGEMENT OF CLAUSES
PART I
PRELIMINARY
1. Short title, extent, application and commencement.
2. Definitions.
3. EstablishmentofLokpal.
PART II
LOKPAL FOR THE UNION
CHAPTER I
DEFINITIONS
CHAPTER II
EsTABLISHMENT OF LoKPAL
Bill No. 134 of2011
4. Appointment of Chairperson and Members on recommendations of Selection Committee.
5. Filling of vacancies of Chairperson or Members.
6. Term of office ofChairperson and Members.
7. Salary, allowances and other conditions of service of Chairperson and Members.
8. Restriction on employment by Chairperson and Members after ceasing to hold office.
9. Member to act as Chairperson or to discharge his functions in certain circumstances.
10. Secretary, other officers and staff of Lokpal.
CHAPTER III
INQUIRY WING
l L Inquiry Wing.
CHAPTER IV
PROSECUTION WING
12. Prosecution Wing.
CHAPTERV
EXPENSES OF LOKPAL TO BE CHARGED ON CONSOLIDATED FUND OF INDIA
13. Expenses of Lokpal to be charged on Consolidated Fund oflndia.
CHAPTER VI
JURISDICTION IN RESPECT OF INQUIRY
14. Jurisdiction ofLokpal to include Prime Minister, Ministers, Members of Parliament,
Groups A, B, C and D officers and officials of Central Government.
15. Matters pending before any court or committee or authority for inquiry before
Lokpal not to be affected.
16. Constitution of benches ofLokpal.
(ii)
17. Distribution of business amongst Benches.
18. Power of Chairperson to transfer cases.
19. Decision to be by majority.
CHAPTERVTI
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION
20. Provisions relating to complaints and preliminary inquiry and investigation.
21. Persons likely to be prejudicially affected to be heard.
22. Lokpa1 may require any public servant or any other person to furnish information, etc.
23. Previous sanction not necessary for investigation and initiating prosecution by Lokpal
in certain cases.
24. Action on investigation against public servant being Prime Minister, Ministers or
Members of Parliament.
CHAPTER VIII
POWERS OF LOKPAL
25. Supervisory powers ofLokpal.
26. Search and seizure.
27. Lokpal to have powers of civil court in certain cases.
28. Power ofLokpal to utilise services of officers of Central or State Government.
29. Provisional attachment of assets.
30. Confirmation of attachment of assets.
31. Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of
corruption in special circumstances.
32. Power of Lokpal to recommend transfer or suspension of public servant connected
with allegation of corruption
33. Power ofLokpal to give directions to prevent destruction of records during preliminary
inquiry.
34. Power to delegate.
CHAPTER IX
SPECIAL COURTS
35. Special Courts to be notified by Central Government.
36. Letter of request to a contracting State in certain cases.
CHAPTER X
COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKPAL
37. Removal and suspension of Chairperson and Members of Lokpal.
38. Complaints against officials ofLokpal.
CHAPTER XI
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT
39. Assessment of loss and recovery thereof by Special Court
CHAPTER XII
FINANCE, AccoUNTS AND AUDIT
40. Budget
..
. .
(iii)
41. Grants by Central Government.
42. Annual statement of accounts.
43. Furnishing of returns, etc., to Central Government.
CHAPTER XIII
DECLARATION OF ASSETS
44. Declaration of assets.
45. Presumption as to acquisition of assets by corrupt means in certain cases.
CHAPTER XIV
OFFENCES AND PENALTIES
46. Prosecution for false complaint and payment of compensation, etc., to public servant.
47. False complaint made by society or association of persons or trust.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62 .
CHAPTER XV
MISCELLANEOUS
Reports ofLokpal.
Lokpal to function as appellate authority for appeals arising out of any other law for
the time being in force.
Protection of action taken in good faith by any public servant.
Protection of action taken in good faith by others.
Members, officers and employees of Lokpal to be public servants.
Limitation to apply in certain cases.
Bar of Jurisdiction.
Legal assistance.
Act to have overriding effect
Provisions of this Act to be in addition of other laws.
Amendment of certain enactments.
Power to make rules.
Power ofLokpal to make regulations.
Laying of rules and regulations.
Power to remove difficulties.
PART III
LOKAYUKTA FOR A STATE
CHAPTER I
DEFINITIONS
63. Definitions.
CHAPTER II
ESTABLISHMENT OF LOKAYUKTA
64. Establishment ofLokayukta.
65. Appointment of Chairperson and Members and on recommendation of
Selection Committee.
66. Filling of vacancies of Chairperson or Members.
(iv)
67. Term of office ofChairperson and Members.
68. Salary, allowances and other conditions of service of Chairperson and Members.
69. Restriction on employment by Chairperson and Members after ceasing to hold office.
70. Member to act as Chairperson or to discharge his functions in certain circumstances.
71. Secretary, other officers and staff of Lokayukta.
CHAPTER III
INQUIRY WING
72. Inquiry Wing
CHAPTER IV
PROSECUTION WING
73. Appointment of Director of prosecution.
CHAPTERV
EXPENSES OF LOKAYUKTA TO BE CHARGED ON CONSOLIDATED FUND OF STATE
74. Expenses ofLokayukta to be charged on Consolidated Fund of State.
CHAPTER VI
JURISDICTION IN RESPECT OF INQUIRY
75. Jurisdiction ofLokayukta to include Chief Minister, Ministers, Members of Legislatures,
officers and employees of State Government.
76. Matters pending before any court or committee or authority for inquiry before Lokayukta
not to be affected.
77. Constitution of benches of Lokayukta.
78. Distribution of business amongst benches.
79. Power of Chairperson to transfer cases.
80. Decision to be by majority.
CHAPTER VII
PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION
81. Provisions relating to complaints and preliminary inquiry and investigation.
82. Persons likely to be prejudicially affected to be heard.
83. Lokayukta may require any public servant or any other person to furnish information,
etc.
84. Previous sanction not necessary for investigation and initiating prosecution by
Lokayukta in certain cases
85. Action on inquiry against public servant being Chief Minister, Ministers or Members
of State Legislature.
CHAPTER VIII
POWERS OF LOKAYUKTA
86. Supervisory powers of Lokayukta.
87. Search and seizure.
88. Lokayukta to have powers of civil court in certain cases.
89. Power ofLokayukta to utilise services of officers of State Government.
(v)
90. Provisional attachment of assets.
91. Confirmation of attachment of assess.
92. Confiscation of assessts, proceeds, rceipts and benifits arisen or procured by means
of corruption in special circumstances.
93. Power ofLokayukta to recommend transfer or suspension of public servant
connected with allegation of corruption
94. Power of Lokayukta to give directions to prevent destruction of records during
preliminary inquiry.
95. Lokayukta to function as appellate authority for appeals arising out of any other
law.
96. Power to delegate.
CJ7. Application of certain provisions relating to Lokpal to apply to Lokayukta.
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