Date of Publication : 20th August, 2011

Last date for Submitting Memorandum : 3rd September, 2011

 

DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON

PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

INVITES SUGGESTIONS

ON

THE LOKPAL BILL, 2011

The Lokpal Bill, 2011 introduced in Lok Sabha on the 4th August, 2011 and

pending therein, has been referred to the Department Related Parliamentary Standing

Committee on Personnel, Public Grievances, Law and Justice, headed by

Dr. Abhishek Manu Singhvi, Member, Rajya Sabha on the 8th August, 2011 for

examination and report within three months.

2. The Bill seeks to provide for the establishment of the institution of Lokpal to

inquire into allegations of corruption against certain public functionaries and for

matters connected therewith or incidental thereto.

3. With this objective in view, the Bill inter-alia, provides for the following

matters, namely :-

(i) to establish an Institution of Lokpal with a Chairperson and eight

Members of which fifty per cent, shall be judicial Members;

(ii) to set up Lokpal's own Investigation Wing and Prosecution Wing with

such officers and employees as felt by it to be necessary;

(iii) the category of public functionaries against whom allegation of

corruption are to be inquired into, namely, Prime Minister, after he has

demitted office; Minister of the Union; Member of Parliament; any

Group "A" officer or equivalent; a Chairperson or member or officer

equivalent to Group "A" in any body, Board, corporation, authority,

company, society, trust, autonomous body established by an Act of

Parliament or wholly or partly financed or controlled by the Central

Government; any director, manager, secretary or other officer of a

society or association of persons or trust wholly or partly financed or

aided by the Government or in receipt of any donations from the public

and whose annual income exceeds such amount as the Central

Government may by notification specify but the organizations created

for religious purposes and receiving public donations would be outside

the purview of the Lokpal.

(iv) to provide for a mechanism to ensure that no sanction or approval

under section 197 of the Code of Criminal Procedure, 1973 or section

19 of the Prevention of Corruption Act, 1988, will be required in cases

where prosecution is proposed by the Lokpal;

Contd…2-

-: 2:-

(v) to confer on the Lokpal the power of search and seizures and certain

powers of a Civil Court;

(vi) to empower the Lokpal or any investigation officer authorized by it in

this behalf to attach property which, prima facie, has been acquired by

corrupt means;

(vii) to lay down a period of limitation of seven years from the date of

commission of alleged offence for filing the complaints before the

Lokpal;

(viii) to confer powers of police upon Lokpal which the police officers have

in connection with investigations;

(ix) to charge the expenses of Lokpal on the Consolidated Fund of India;

(x) to utilise services of officers of Central or State Government with the

consent of the State Government for the purpose of conducting inquiry;

(xi) to recommend transfer or suspension of public servants connected with

allegation of corruption;

(xii) to continue sufficient number of Special Courts as may be

recommended by the Lokpal to hear and decide the cases arising out of

the Prevention of Corruption Act, 1988 under the proposed enactment;

(xiii) to make every public servant to declare his assets and liabilities, and in

case of default or furnishing misleading information, to presume that

the public servant has acquired such assets by corrupt means;

(xiv) to provide for prosecution of persons who make false or frivolous or

vexatious complaints.

4. The Committee has decided to invite memoranda containing views/suggestions

from the individuals/organizations interested in the subject matter of the Bill and also

to hear select oral evidence on the subject matter of the Bill.

5. Those desirous of submitting memoranda to the Committee may send two

copies thereof, neatly typed in double space (either in English or Hindi) to Shri K.P.

Singh, Director, Rajya Sabha Secretariat, 201, Second Floor, Parliament

House Annexe, New Delhi-110001 (Tel: 23034201, Fax: 23016784,

E-mail: kpsingh@sansad.nic.in and rs-cpers@sansad.nic.in) within fifteen days

of publication of this advertisement. Those who are willing to appear before the

Committee for oral evidence besides submitting the memorandum may so indicate.

However, the Committee's decision in this regard shall be final.

6. The memoranda submitted to the Committee, would form part of the records

of the Committee and be treated as confidential. Any violation in this regard would

constitute a breach of privilege of the Committee.

7. The Bill has been published in the Gazette of India, Extraordinary Part II,

Section 2, dated the 4th August, 2011. Copies of the Bill can be obtained on written

request to the above-mentioned Officer or can be downloaded from the official website

of the Rajya Sabha (http://rajyasabha.nic.in), under the link Committees, sub-link

“Bills with the Committee”.