 the lokp al bill, 1977 arrangement of clauses preliminary clauses1 short title, extent and commencement 2 definitions 3 misconduct by a public man  machinery for in'qulrles4 appointment of lokpal 5 lokpal to be ineligible to hold other offices 6 term of office and other conditions of service of lokpal 7 removal of lokpal  i 8 special loilpals  ;j 9 staff of j  ltpal  jurlsdjctlon and procedure in respect of inquiries - 10 jurisdiction of lokpal 1 11 matters not subject to jurisdiction of lokpal 12 complaints 13 preliminary scrutiny of complaints by lokpal 14 procedure in respect of inquiries 15 evidence 16, search and seizure 17 reports 18 special provisions in respect of complaints against the prime minister miscellaneous 19 expenditure on lokpal and special lokpals to be charged on the consolidated fund of india; 20 secrecy of information 21 intentional insult or interr~ption to, or bringing into disrepute, lokpal 22 power of lokpal to try certain offences summari!y 23 conferment of additional functions on lokpals 24 disposal of deposit  protection t power to delegate 27 power to make rules j i" i i 28 saving the schedule     ·the lokpal bill, 111'17 a billto 'i'nnioe 1m the appointment of a lokpal to inqtjiire into allegcnionr 01 misconduct agaimt public men and f« m4tte9's eo-neeted thetllewfth bz 'it enacted by parliament in the twenty-elghtb yea,r of the ltepubltt or india as follows': -,  preliminary'i (1) this act may be ca'lled the lokpal act, 1m short title, s (z) it extends to the whole oflnata extent and (3) it sball come bato force on stich date as tbe centj:a1 gov,erjlment commay, by notiftcation in the ofiic:ial ga~tte, appom~ meneam  j in this act, unless the context otherwise requires,":" de8nl-(e) "competent authority"', in retatlonto a ,public man, means,-tiool 10 (i) in the case of a public man rethe prime midister; ferred to in ,sub-clauae (i) or sub-clause (iii) of clause (g) (ii) in the case of ~y other pubhc such authority as may man be preacribed; (b) "compiaint" means a complainot aueging mueonduct ~,,~fnlt a public man;  , '  / (c) "corruption" includes anytbing made punis}> " under chapter dc of the indian penal e~ ~ ·under the preyenu,n ~ corruption /id, ,;; (d) ulokpal" means a person appointed under section 4 as the lokpal and, where a special lokpal is appointed under section 8 for exercising jurisdiction in relation to any complaints or any classes of complaint"!, includes, for the purpose of such complaints or classes of complaints, such special lokpal; s (e) "misconduct" means misconduct (whether committed before or after the commencement of this act or within or outside india) of the nature specifted in section 3; (f) uprescribed" means prescribed by rules made under this act; (g) upublic man" means a person who is or has been-10 (i) a member (including a deputy minister) of the council of ministers for the union; (ii) a member of either house of parliament: (ui) the chief minister of a state; (iv) a member (including a deputy minister) of the coun- is cil of ministers for a union territory;' (v) a member of the legislative assembly for any union territory; \ ' , ,·(at)a member of the executive council under the delhi ~-  ftdlllhllt\fttion act, 1966; 20 19 of 1966 (vii) the ':mayor tit; a muiniclpal ~'c~rporation in any union territory; (h) "public servant" shall! bve the same meaning as in section 45 of 1860, ~1,,~,~\,~e ~ndian p~nal cod~ i s • 42),\ aipul;ljic, maneommits miacqaquctt-: i'"  misconduct by public man " , ~f) j,(be is fl~t~ted,in ~,he discharge of his ~un~ti~~sa~,qsuch public mali by motives of personal interes~ ,or other iiupfop~, ,?:r, cql'-rupt motives; or " (b) if he abuses or attempts to abuse his position as such public man to cau88iharm,ol!'upd~ h  clab~ ,to, nyothel"~~ oj' - 30 (c) if he directly or iruq,o"tly a)iqws his pqsiijonaa, shc~,·,ublic man to be, tajc:enadvantage of by any of his relatives or associates ancl 'by 1ebsoh'1 thereof iuch rejativeor assbeiate secures 'ahy : '-iindue gain or favour i 'to ''fitmse1f ot 'to anotfter person or ca~ harm" i or undue hardsh~,; to anoijle~ p~rson 35 , ea:plaltion-forthe pllrposes of" ujjs ~ "8ii~ciate" in relation to a public man includes any person in whom' such public "mlm 11 iiltereated; or  (d) if he fails to act in any' case' o~rwiae ith~ ql '~cordance 'ii with tbet ;norms of ~~ity ~cq"duct ,:which o~8~ to be followed 40 ~, ,bythe  class of public men to which he belongs: or  ,(" if  y act or odriaalon by him· coastituq eorrup\lon " ")~~1ic man who-; ~ ,a) , ~beta (?,jijwlin tqe, meaning -qf ftction 10:7 of the ~ ~al  ~,qf j,88q code) the commission of, or i; , 45 (b) conceals or attempts to conceahrom detecti9nthe commission of, misconduct of the nature specified in sub-section (1) by another public ,:~qq, ,~so commits ,misconduct s (3) a public man, being a person who is or has been the chief minir;ter af,a su!te ~ 45 of 1860, (a) abets (within the meaning of section 107 of the indian penal ,co<;le) the commission of" or (b) conceals or attempts to conceal from detection th" cornmis-19{ swp, of,  'j: misconduct of the nature spectfted in bub-aeetion (1,), :by ,any,otherperson , ,wn9 jsor h!ls l:!~n a ltlember (incluqing a deputy minister) of the l ,~()w,lcu of )~~inisters of the state, also' colprhi~inisconduct and for this "purp~se referen~es to 'ipublic man" and "public men" in sub-section (1) 1'1 sllau b,  con~trued as also including a refete~ce to suchothet penon -     -                                                           '                                                                                          ,                                                                                                                     '                                                                                                                                         -                                                                                                                                                                     i                                                                                                                                                                                                                                                               ~ -                                                                                                                                                                                                                                                                                    -                                                                                                                                                                                                                                                                                                                                                                                           '  maichinery for inqulriesappointment of lokpal ,4 (1') fpr ,the"purpose"q( ,makidl ipq~iries in ~spect of complaint ,wader tiik,4ct"ule pl'esicl1mt &ball, ,a~e,t;,e~nsu,t8~ion ~ith t~e chief ,;"stke aflddia"tb, a~ otthe ,(::otincilftf ~tates,and the speliker of 20 the house of the people, appoint, by warrant under h;s baud and seal '  ,  to,bekaai,n ,die ~pal, '  ,  ,',;  ;" '; (2) every person appointed as the lokpal shall, b~'?re enteri~ upon his 9ffice make and subscribe before the president, or some person appointed in that 'behalf by the 'preltdent, an' onttl or 5rmation in the 2s form set out in the schedule  f '" - '" , l the' lrikpal 'shall not bea member of parliament qr ,a member or" the < legilllmufe oof,auy' state" and ! :f;h1m1 not h91d any office of trust or profit (other:tban'his~fiae 'aalokpal), • of be connected with lokpal to be ineligible to hold other offices ,~ ,po~~tiea1, pa~ty, or carryon any business, or practise any profession, 30 ~d aq~ordirigly,before 'he enters upon his office, a person appointed as the lokpal shall,-'  (a) if he, is a member of parliament or of the legislature of rny 'st'ate,hsign :s\lch membef~ip; or (b,) if he h()lds any office of trust or i>roflt, resign from such 35 officej or (c) if he is connected with any political party sever his eonnec- tlon' with it; or (ci): jf he is carrying on any business, sever his connection (short qf,divestill8 himself of ownership) ,with the conduct and mtlr8gement 40 of"uc~!b""': or (e) if he is practising any profession, ceaae, to practise ,uch profession 6 (1) 'a person appointed as the lok»al shim h01d office fot it tertll o~ five years from the date on which he enters upon his office: provided that-" termor otbce and other conc;litionij ot (a) the lokpal may, by writing 'under rus hand ddressed to ihe president, resign his omc~ s serv~ct, of tokpal (b) the lokpal may be removed from office in the mamer pro: vided in section 7 '(2) on 'ceasing to hold office, the lo~ai shall be ineligible for further employment to any office of profit under the goverml\ent of :mdfa or the , government of a state 10 (3) there sball be paid to the lokpal in respect of time spfldt o"'8dal iervice alary at the rate of five thousand rupees per meem: ,  ~ovided that if ~he lokpa is, '~t ~,e tbe of hi appom~"m receipt of a pension (other thad a di88bilt~ 'or woulld pensio  ) ill '-it 'oj any previous sernce under the government ~ india ;,r udder tise is ~overnmellt of a state, his salary in respect 01 serviee as the lokpal shall be reduced-(a) by tb  amount of that pension; and ~ b ~ i,f he has, before such appointment, received, id n of a 20 portion of the pensloil due to hiwl in retilteet of sueb previous seiovite the commuted'value thereof, by the licmount of that portiod of ftte pension; and (c) if he has, before such appoinbnent, received a retlr:ement gratuity in respect of liuch pre'vigus service by the pension equivalent , , of that gratuitt 2, ("4) the !okpal shall be entitled without payment of l'ent to the -'of an official residence '(5) the ;iowances and pension payable to, and other 'conditions 01  service of, the 'lollpal shall be such as may he determined 1ty the president having regard to the allowances and -pensioll pay  e te, aud otiae  30 conditions of serv1ce of the chiet jasttce of india: , 'frovided that the allowances and pension payable to, and other 'coilditions of service of, the lokpal shall not be varied to his disadvantage after his appointment 'removal of "lokpal 7 (1) 'the lokpal shall not be removed from his oftlce except by an 3s 'order of the president passed after an address by each house of parliament supported by a majority of the total membership of that houlle rnd by a majority of not less than two-thirds of the members of that house present and voting has been presented to the president in the same sessio1'1 for sl1ch removal on the grounci of proved misbehaviour or incapacity 40 (2) the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of the lokpal under sub-sec-tior u) shall be as provided in the judges (inquiry) act, 1968, in relation to the removal of a judge and, accordingly, the pro-51 ot 1~ ,visions of that act shall, subject to necessary modifications, apply fa 4s ",elation to the removal of the ~kp,al as ~~ey j~ly ill relatlon to tj;l~ j1'~g;1oyal of a judge i (1) notwithstanding anythi contained in section 4, if the presi-speciai dent is satisaed' 011 a ri!port from' the lokpal that it' is 'lie1cess8ry so to do lokpals for the expeditious disposal of compiaidts udder this act, he may, after coasultation with 'the chief justice of india, the chairman of the counell s of states bdd ,the speaker of the house of the people, appoint, by warrant under his hand and seal, one or more persons to be a special lokpal' ot special lokpals for exercising jurisdiction in relation to sueh coblptaints ~ buch cla88es of complaints under this act as may be pecifled  the warraat  i - ' - ,,' 10 (2) a special lokpal shall hold office for a term of five years or ~ - for such shorter term as may be specified in the warrant of his appointment 'and'8 special loltpal' appointed' for a teirm of less than five years sliaii be eligible fbrreappoiiltment: ! \ '~ provided that the total period for which a person may hold the office is of special lokpal shall in no case exceed five years   i (3) save as otherwise expressly provided in this act, the provisions of this att relating to the lokpal includidg the ~rovisions "latin&, to' th~ i~ath or aftirma'ti~ to be'mide by the lokpal,' the ineligibiuty of tbe' lokpal to hold other otilces, the coliditions of service of lokpal and re  ~ 20  oval of lokpal: the ftuietiolls" powers' and duties of the lokpal, aball , , apply in ""adon to' a special lokpal as they -apply -in 'relation to the, lokpal but nothing in this sub-benion shan be' construed to enable a-special lokpal to exercise jurisdiction in relation to any complaint or class of compliidtb itot spkuled 1il the warrant by 'which he was 'appointed t',1   -  " f ~ _ ~ ' ' <i •• ~i  : " staff of lokpal ' , 2$' , 9 (1) the lokpal shall have a se:~etary and such otl- om~rs an~ -' employees as may be prescrid to assist him' in the disehar18 or hill fuadioda (inclladiq veriscation and inqi¥ri, in f8speet of complaints) _der, tht act, ,  ' ~ ' (2) without prejudice to tb~ provisions of sub-section (1)~ the !okpal 30\jday, (ort  ~p1iipoiie of deal"", wit~ anytompaliqia or8f'!!y ell, of ""compialdts, ~ "j '~  (i) 'the serviee of any o8ic8l' or emp';yee or lnvestigatid&' 81"cy of' the· c-~1 governmedt or' a  state' doverameell witb the oom:ur~; , rente of '1bafgovel'iuiient; '-r ' ~ ~  ,:\" '    ,-~::"'~~ '_ (ii) the, services of any other person or age_'y;, , 'j 31;  " :1, (~); ~e ,terms and ~nditjon of servi~e of the oftic~rs and employkes referred to in sub-section (1) and of the ofticers,employees, agencies and pel'mds referred to in sulhection (2) (including such special condition"!  ~a;: duly be considered necessary for enablin&, them to aet without f, ,in, 40 th4" discharge of their faaetions) shall be sueh  may be prescribed in , consultation with the lotpal  '1, t , (4) the officers and employ'ees refen:cd to·m sub-section (1)' and the ~9fficers eljlployees, agencies and persons referred to in sub-section (2) ,  sball also assist the special lokpals (if any) in the discharge of their ~ 4s functions ,10 ,(j~ siolbject to!the!tber;,,o\liaiolls' of tbij  a~ the-lpkpalimay inquire' ~ any aattar !involved in; or ariling ,from, oriconneoted i with, jurisdlc  tionof lokpal u1'~ auegatiqih~~isoqnd"ct against ai public, mali livlfle in; • complaint mattera not lubject to juriadk:-tion of lokpal  un~r uti act ' '' "",,' ,:,,,, 5 (2), ,no mattertin;'1'e8pect'of''wbteh' slicomplamt' may be 'made'udder this act· shalhberefened foil" 4nqulry under tbe icrommtssiom'of ih'\uity act, 1952, except on the recommendation or with the concurrencel't')lf:the' 60 of 1952 lokpal ll (1) the lokpal shall not inquire into any matter concerning any i~ person '~~ h~ has any bias in, respect 'ot s~chiriiittel' or ~ersbn and'it,any'  ; dispute arises in this behalf, the· pres~~len( ~hal1, on' an appu~~tion rrw,de by the party aggrieved, obtain, in such manner as may'be 'prescribed,' the opblion of tl;1e chi~ justice of india and decide the dispute inconformity with such opinioii  '  '' ", " 15 , (2) the ~kpal shall not inquire into any act, or conduct, of any pefson'other'tbarlli ptitil1c'iiulri"e,,~ept in' so'flit as he"t:6tlkitiers it~'ry so; to 'c!(ddl' the 'ptrl1>d8e~ 'hf his! tnlqhtry' 'tiitb' '!ny ahegattoti ttl mi~dtlct ag'litnltt ll i 'p'u'but'fuatt!1 i ,: ", 1;( • "," ,' to, ;" 1:: ,,'i;, , ,i, • ,  ' &1 i ; hl '0\ "":1 ~ ' , ," ,',";-:, "f •• , '11:, id i';: \~i~ l ~i ~3) ,pl'lutuliokpall'shall',11&thinquijretqto any,·matter) vlth4:h has ~ 20 reearai lfol"ibqui~ "'deier th~ cojilmuisidns, of·~rquilly aot;,l962;,on,"'" 60 of 1952 rec~atigni01'wuh'hisupliorfcklftcul\t8dce;i! ", ;:,,',: ,' ; "; !n;~, ;: (~):,~~' ·~k~\;~~; :~t:,~qu~~'iil~ ';~j' ~¥~",tio~)?fm¥tc4~du~f against a public man if the complaint in respect thereof is made after the ~~~ryb'~~ ,~~~ :~~stlf~~m"the ?~t~ o~,w~i~~,,~~~ misc~?,~~c~ ~~\alll~ged, to 25, -r ve e~n fom~h~:  ' '  ' ~' f, ';\-' l  t, :! t : 't if,' ii' -, 'i' '\'~ ,i":" r"~ ·"'~'~~';"l~,' i fltbwded; fhat 'the ilokpaioinay iewtertaithmeh' a eoritplairit, tf  ,icloi'di"r' plainant satisties him that he had sufficient cause for not·blaldag,  , complaint within the said period of five years complaints , r,·"l ·f' ~) t ~ij ' i i ! '~j,':' " itt :"t'l ~ ~li' ~'" i~l ~ , !"1i  'o;! a1t! pe-rscm'mher,thp'8 ftiwiq,eewdntma"'" ltoldplail1~,30 under this act to the lokpal ',' , 1;'11:::;'1\111 (2); i the ,cojnp~\nt ah~u be,ip ~ ~~ib~ ,forql ~4 s~ ls~t forth juticwara!pf,~ mi'i~~tiauuedlq\~ ;~awi1!1'p', ~qc(n:q~iryhan affidavit in support of the allegation of,}n~~~llgt '~~~i!jlell?a~~ww8rs thereof and a certificate in the prescribed form in respect of the deposit 35 under sub-section ·(i) • ,,· , ,,:;,' i' ,",  ,!: ( - , (3) t~e ,comp~lli~t ~1 ~~~~it : in ,~u~p rna~er and with such a\jthority oragency,as may be ,l)~uj~~ ii siirlt of tjri@ tfioti~ injpees to be ,available for d1~po'salupi'~'sectidii 24:" i  '", 1, ii- ··i i  j  ', '"  : '[i,·t :-:i; ";;, '" - ~ • ,:~ "1' 1';  io ~ ,,'ltt't'· !"~""i"ha "pnw<tea·aat ithelokpal maji{qr eutr~t ,c;usf:,;ta~,,"~j~,40 wriunghexempt,·\il ,ewnplaidarlt irom  !the '{f:aqj,t;~ti lup,(ier, ~t~;~ub-i  section ,'r~ cit, \ ·-,1~: ); '·c \h ,~,i: ;h;'", 1" (4) notwithstanding anything contain~ in the ~oregoing sub-sections, any  letter written to the lokpal' by il 'person' 'iri 'sny j'all or 'other :placei of custody, or 'in any" 8syldni i ofoth~t pl~~e ifor insane 'persons' 'may "if  the, 4s lokpal is satisfled'thiit'itbj necessary 80tb do; be treated as aromplamt made in accordance with the provisions of this section i i i  ~ ) (5) notwithstanding anything contained in any other enactment it  , shall be the duty of a police ofticer or other person in charle of ady jail or other place of custody or of any asylum or other place for insane persons to forward, without opening, any letter addressed to the lokpal by s a person imprisoned or detained in such jail, place of custody, asylum or other place, to the lokpal without delay 13 (1) if the lokpal is satisfied, after considering a complaint and prellafter making such verification as he deems appropriate,-minary 10 (a) that the complaint is not made within the period of five years specified in sub-section (4) of section 11 and that there is no sufficient cause for entertaining the complaint; or scrutiny of complaints by lotpal (b) that he cannot make an inquiry in respect of the complaint by reason of the provisions of sub-section (1), (2) or (8) of section 11; or is (c) that the complaint is frivolous or vexatious ar is not made in good faith; or (d) that there are no sufficient grounds for inquiring into ,the complaint, the lokpal shall dismiss the complaint after recording his re88djli therefor 20 and communicate the same to the complainant ancl to the competent au\horlty concerned (2) the procedure for verification in respect of a complaint under sub-section (1) shall be such as the lokpal deems appropriate in the circumstances of the case and in particular the lokpal· may, if he deems 25 it necessary so to do, call for the comments of the public man concerned 14:(1) if, after the consideration and verification unger section 13 in respect of a complaint, the lokpal proposes to conduct any inquiry, he-(a) shall forthwith forward a copy of the complaint to the competent authority concerned; procedurein respect of inquir1ea 30 (b) may make such orders as to the safe custody of documents relevant to the inquiry as he deems fit; (c) shall, at such time as he eonsic\ers appropriate, fofward a copy of the complaint to the public man concemed and aftord him an opportunity to represent his case 3s ~z) every such inquiry shall, unless the lo~pal for reasons to be recorded in wlliting, determines otherwise, be conducted in camera (3) save as aforesaid, the procedure for oonducung any luoh idquiry shall be such as the lokpal considers· appj10pdate in the circumstancel of the case 40 15 (1) subject to the provision~ of this seetion, for ·the purpoie tji any inquiry (including the verification under section lj!)~ the loidpal-evidence (a) may require any public servant or any other person, who, in his opinion is able to furnish information or produce documents re1evant to such inquiry to ,furdilh ,any such informatigil '01' produce 4s any luch ctoeument; (b) shall have all the powers ofa civil court while trying a suit under the cone of civil procedure, 1908, in respect of the following 5 of 1908 matters, namely:-(i) summoning and enforcing the attendance of any person and examining, him on oath; s (ii) requiring the discovery and production of any document; (tit) receiving evidence on affidavits; (iv) requisitioning any public recol\i or copy thereof from any court or office; (v) issuing commissions for the examination of witnesses or 10 documents; and (vi) such other matters as may be prescribed , (2) a proceeding before the lokpal shall be deemed to be a judicial 45 of 1880 proceeding within the meaning of section 193 of the incuan penal code (3) subject to the provisions of sub-section (4) ,-is (a) no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to government or any public servant, whether imposed by any enactment or by any provision of law whatever, shall apply to the disclosure 'of information, for the purposes of any inquiry (including the verifica- 20 tion under section 13) under this act; and (b) the government or any public servant shall not be entitled, in relation to any such verification or inquiry, to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any enactment or by any provision of law whatever 2s in legal proceedings (4) no person shall be required or authorised by virtue of this act to furnish any such information or answer any such question or produce so much of any document-(a) as might prejudice the security, or defence, or international 30 relations, of [ndia (including india's relations with the government i)f any other country or with any international organisation), or the investigation (lr detection of crime; or 19 of iimm1 (b) as might involve the disclosure of proceedings or the cabinet of the union government or of the cabinet of the government of 3s any state or union territory or of the executive council under the delhi administration act, 1966, or of any committee of such cabinet or executive council, aad for the purpose of this sub-section, a certificate issued by a secretary to the government certifying that any information, answer, or portion 40 of a document, is of the nature specified in clause (<<) or clause (b) shalt,~ binding and conclusive: prmided that the lokpal may require any infonnation or answer or pord of a dn ument in respect of which a certificate is issued under this sub·f:;ection to the eft'ect that it is of the nature specified in clause (0) to be disclosed to him in private for scrutiny and if on such scrutiny the lokpal is satisfied that such certificate ought not to have been issued, he shan declare the certificate to be of no effect search and seizure s 11 (l) if the lokpal has reason to believe that any documents which, in his opinion, will be useful for, or relevant to, any inquiry under this act, are secreted in any place, he may authorise any officer subordinate to him, or any officer of an investiga ;ing agency referred to in subsection (2) of section 9, to search for and to seize such documents 10 (2) if the lokpal is satisfied that any document seized under subsection (1) would be evidence for the purpose of any inquiry under this act and that it would be necessary to retain the document in his custody, he may so retain the said document till the completion of such inquiry: is provided that where such document is seized before the commenc"," ment of such inquiry, the lokpal shall return the document bef~re the expiration of a period of one year from the date on which it is seized unless such inquiry has been commenced before such expiration explanation-for the purposes of this sub-section, an inquiry in res-20 peet of a complaint-«(it) shall be deemed to have commenced on the date on which the lokpal forwards a copy of the complaint tl) the competent authority concerned under clause (a) of sub-section (1) of section 14; 2s (b) shall be deemed to have been completed on the date on which the lokpal closes the case under section 17 2 of 1974 (3) the provisions of the code of crimi~al procedure, 1973, relating to searches shall, so far as may be, apply to searches under this section subject to the me dification that sub-section (5) of section 165 of the 30 said code shall have effect as if for the word "magistrate", wherever it occurs, the words "lokpal or any officer authorised by him" were bubstituted 17 (1) if, after inquiry in respect of a complaint, the lokpal is reports sltisfted,-3s (0) that no allegation made in the complaint can be substantiated either wholly of partly, he shall close the case under information to the complainant, the public man end the competent authority concerned; 40 (b) that all or any of the allegations madf:! in the complaint can be substantiated either wholly or partly, he shall by report in writing, communicate his findings and recommendations to the competent authority (2) the competent authority shall examine the report forwarded to it under clause (b) of sub-section (1) and communicate to the lokpal, 4s within three months of the date of receipt of the report, the ac:tiap taken or proposed to be taken on the ba$ili pf 'the report (3) if the lokpal is satisfied with the action taken, or proposed to be taken on the basis of his report under clause (b) of sub-section (1), he shall cl05e the case under information to the complainant, the public man and the competen't authority concerned, but where he is not 10 satisfied and if he considers that the case so deserves, he may make a 5 'special report upon the case 'to the president and also inform the complainant concerned (4) the lokpal shall present annually to the president a consolidated report on the administration of this act (5) as soon as may be after the receipt of a special report under sub- 10 aeetion (3), or the annual report under sub-section (4) the president ahall cause a copy thereof together with an explanatory memorandum to be laid before each house of parliament 1/8 if the prime minister receives a copy of any complaint against himself under clause (a) of sub-sedion (1) of section 14 or any inform a- is tion or report in respect of a complaint against himself under sub-section (1) of section 17 he shall cause the same to be placed, without delay, before the other members of the council of ministers for the union  miscellaneousit the salaries, allowances and pensions payable to, or in respect of, 20 tbelokpal and the special lokpals shan be expenditure charged on the conlolidated fund of india zoo (1) any information obtained by the lokpal, or by any officer, employee, agency or person referred to in section 9, in the course of, or special provilioda in reapect of complaints aplnat the prime minister expenditureon lokpal and special lokpals to be char,ed ontbe consolidated fund of india secrecy of information ~or the purposes of any verification or inquiry under this act, and any 2s evidence recorded or collected in connection therewii:h shall be treated 88 confidential and, notwithstanding anything contained in the indian evidence act i872, no court shall be entitled to compel a lokpal, or 1 of 1872 any such officer, employee, agency or person, to give evidence relating to such information or to produce the evidence so recorded or col- 30 lected (2) nothing in sub~ection (1) shall apply to the disclosure of the in1ormation or evidence referred to therein-(a) for the purposes of this act or for the purposes of any action or proceedings to be taken on any report under section 17; or 3s (b) for the purposes of any proceedings for an offence of giving or fabricating false evidence, under the indian penal code; 45 of 1860 or (c) for such other purpo!i«::! a!! lilay be prescribed 21 (1) whoever intentionally offers any insult, or causes any interruption, to the lokpal while the lokpal is makidg any verification or conducting any inquiry under this act, shall be punished with simple imprisonment fgr a term which may extend to six months, or with fine, 5' 0r with· both intentional insult or interruption to, or bringing into disrepute, lekplli (2) whoever, by words spoken or intended to be read, makes or publishes any statement, or does any other act, which is calculated ,to bring the lokpal into disrepute, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with 10 both 2 of 1974 (3) the provisions of sub-section (2) of section 199 of the code of criminal procedure, 1973, shall apply in relation to an offence under subsection (1) or sub-section (2) as theyapply in relation to an offence referred to in sub-section (2) of the said section 199, subject to the modifi-51 eation that no complaint in respect of such offence shall be made by the public prosecutor except with the previous sanction of the lokpal power of lokpal to try certain offences summarily 2 of 1974 zz (1) if, at any stage of a proceeding before the lokpal, it appears to the lokpal that' any person appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evide:1ce 20 with the intenti'on that such evidence should be used in such proceeding, the lokpal may, if satisfied that it is necessary and expedient in the interest's of justice that the person should be tried summarily for giving or fabricating, as the case may be false evidence, take cognizance of the offence and may after giving the offender a reasonable opportunity 25 of showing cause why he should not be punished for such offence, try such offender summarily, so far as may be, in accordance with the procedure prescribed for summary trials under the code of criminal procedure, 1973, and sentence him to imprisonment for a term which may extend to three months or to fine which may extend to five hundred 30 rupees, or to both (2) when any such offence as is described in section 175, section 178, 45 of 1860 section 179 ch' section ·180 of the indian penal code is committed in the view or presence of the lokpal, the lokpal may cause the offender to be detained in custody and may, at any time on the same day, fake 35 cognizance of the offence and after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to simple imprisonment for a term which mily exfend to one month, or to fine which may extend to five hundred rupees or to both 40 (~) in every case tried under this section, the lokpal shall record the facts constituting the offence with the statement (if any) made by the offender as well as the finding and the sentence (4) any person convicted on a trial held under this section may appeal to the high court and the provisions of chapter xxix of the 2 of 1974 45 code of crimi·nal procedure ],973, shall po far bs may be, apply to appeals under this section and the high court may alter or reverse t'he finding, or retjl~'" or rev"'''se the sen~e appealed against (5) the provisions of this section shall have effect notwithstanding anything contained in the code of criminal procedure, 1973 (6) words and expressions used in this section and not defined in this act shall have the same meaning as in the code of criminal pro- cedure, 1973 s 2 ot 19'14 13 (1) the president may, by notification in the oftlcial gazette and after consultation with the lokpal, confer on the lokpal such additional functlons in relation to the eradication of corruption as may be specified in the notification | con      ||----------|| fennent  || of       || ad-      || ditional || func-    || tiona    || on       || lokpals |(2) the president may, by ol'der in writing and subject to such con- 10 ditions or limit'ations as may be specified in the order, require the lokpal to inquire into any allegations of misconduct specified in the order in respect of a public man and, notwithstanding anything contained in this act, the lokpal shall comply with such order (3) where any additional functions are conferred on the lokpal is under sub-section (1), or when the lokpal is to make any inquiry under sub-section (2), the lokpal shall exercise the same powers and discharge the same functions as he would in the case of any inquiry made on a complaint under this act and the prov;sions of this act shall apply accordingly 20 24 the sum deposited by a complainant' under section 12 shall,-disposalot deposit (a) in a case where the complaint is dismissed under clause (c) of section 13, stand forfeited to the central government; (b) if the lokpal, for reasons to be recorded in writing, so directs, be utilised for compensating the public man complained 25 against; and " (~) in "iny other case, be refunded to the" complainant protection 25 (1) no suit, prosecution, or other legal proceeding, shall lie against the lokpal, or against any officer, employee, agency or person referred to in section 9, in respect of anything which ·js in good faith don'!, or 30 intended to be done, under this act (2) no proceedings of the lokpal shall be held bad for wrnt of form and no proceedings or decision of the lokpal shall be liable to be challenged, reviewed, quashed, or called in questiort, in any court power to 216 the lokpal may, by general or special order in writing, and sub- 35 delegate ject to such conditions and limitations as may be specified therein, direct that any powers conferred or duties imposed on him by or under this act [except the powers under 'the proviso to sub-section (4) of section 11, and the proviso to sub-section (,~) of section 12, the power to dismisc; a complaint under sub-sertion (1) of section 13 and the p~wers to close 40 cases and make reports under section 17] may also be exercised or dis-charged by such of the officers, employees or agencies referred to in subsection (1) or sub-section (2) of section 9, as may be specified in the order power to make rules %1 (1) the president may, by notification in the official gazette, 5 make rules far the purpose of carrying into effect the provisions of this act (2) in particular and without prejudice to the generality of the foregoing provisions, such rules may provide for-(4) the authorities required to be prescribed under sub-clause (if) of clause (a) of section 2; 10 (b) the officers and employees who may be appointed under sub· section (1) of section 9; (c) the terms and conditions of service of the officers, employees, agencies and persons referred to in sub-section (3) of section 9; is (d) the form in which complaints may be made under section 12 and the fees, if any, which may be charged in respect thereof; (e) the manner in which and 'the authorities or agencies with whom deposits shall be made under sub~ection (3) of fcction 12 and the form in which certificates shall be furnished in respect of such deposits under sub-section (2) of section 12; 20 (1) the matters referred to in sub-clause (vi) of clause (b) of sub-bection (1) of section 15; (g) any other matter which is to be or may be prescribed (3) every rule made under this act shall be laid, as soon as may 25 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 ses&ion immediately following the session or the successive sessions aforesaid, both houses agree in making any moditkation in the rule, or 30 both houses agree that the rule should not be made, the rule 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 &dof 1952 28 nothing contained in this act shall be construed as a1fecting the 35 constitution of, or the continuance of functioning or exercise of powers by any commission of inquiry appointed under the commissions of inquiry act, 1952 before the commencement of this act and no complaint shall be made under this act in respect of any matter referred for in-40 qulry to such commission before such commencement [see section 4(2)] i, , having been appointed lokpal, swear in the name of god do ----------, that i will ·bear true faith and allegiance - solemnly aftlrm to the constitution of india as by law estabuihed, that l' w-id duly ·aad faithfully and to the best of my ability, knowledge and judgment perform tbeduties of my offtce withou't fear or favour, affection or ill-will in its interim report on the "problem of redress of citizens' grievances" submitted in 1966, the administrative reforms commission recommended, inter alia, the setting up of an institution of lokpal 2 to give effect to this recorrmendation of the arc, a bm called the "lokpal and the lokayuktas bill, 1968" was introduced in the fourth lok sabha in 1968 the bill was considered by a joint committee of the two houses of parliament, and the bill, as reported by the joint committee, was passed by the lok sabha in 1969 while this bill was pending in the rajya sabha, the fourth lok sabha was dissolved; and, consequently, the bill lapsed in 1971, the bill 8s passed by the previous lok sabha was re-introduced in the lok sabha as the "lokpal and lokayuktas bill, 1971" this bill lapsed on the dissolution of the fifth lok slabha as explained in the statement of objects &nd reasons appended to the 1971 bill, that bill differed from the draft bill proposed by the arc in two major respects firstly, it did not extt',lld to public servants in the states secondly, it did not confine itself to ministers and secretaries alone in other words, the 1971 bill sought to provide a statutory machinery to inquire into complaints based on actions of union public servants including ministers 3 the matter has been re-examined having regard to the recommendations of, the arc, the provisions of the 1971 bill and other laws on the subject enacted in various states from time to time and the experience of the functioning of such institutions in the states where they have been set up in the light of this re-examination, it is proposed to alter the scheme of the lokpal as incorporated in the 1971 bill in material respects for making the institution of lokpal an effective instrument to combat the problem posed by corrllptjon at higher political levels 4 under t'le scheme now proposed, the jurisdiction of lokpal will cover any complaint of misconduct (pertaining to a period not t'xceeding five years prior to the date of the complaint) against a person who is or has been a public man as defined in clause 2(g) of the bill the prime minister, members of parliament and chief ministers of states are being brought within the purview of the lokpal allegations against civil servants will not come within the purview of the lokpal; and gri~ances, as distinct from allegations of misconduct, will be excluded from his jurisdiction the lokpal will have under his direct administrative control an independent investigating machinery to assist him in the discharge of his functions 5 the bill seeks to glve effect to the lokpal scheme as proposed in the preceding paragraph the notes on clauses explain the various provisions of the bill nmw delhi; charan singh the 23rd july 1977 [copy of letter no 6/1/77-lokpal, dated the 25th july 1977 from shri cbaran sinih, minister of home affairs to the secretary, lok sabha] the pnsident having been informed of the subject matter of the propoled bw to provwe for the appointment of a lokpal to inquire into adegatiods of misconduct ~ public men and for matters connected therewith, recommends under clauses (1) and (3) of article 117 of the c  tttutic:s1 of india, for introduction and consideration of the bill in lok sebha clawi2 2: sub-czawe (a) -the definition of "competent authority" is relevant for the purposes of clause 13(1), clause 14(1) and clause 17 (1), (2) and (3) : sub-clause (e) -this sub-clause makes it clear that "misconduct" for the purposes of the proposed legislation idcludes also misconduct committed before the commencement of the proposed legislation and mi~­duct committed outside india s<ub-clg1lse (g) -this sub-clause defines the expression "public man" the other definitions in the clause are self-explanatory clause 3-this c1ause seeks to spell out the various categories of misconduct by public men which will include not only offences punilhable wuter chapter ix of the indian penal code and the prevention of corruption act, but also other irregularities and improprieties as indicated in sub-clause (1) of the clause parts of this sub-clause, e g, (a), (b) and (e), follow in substance the definition of allegation contained in clause 2 (b) of the lokpal and lokayuktas bill, 19'71 (hereinafter referred to as the 1971 bill) part (e) provides for situations where a public man, directly or indirectly, allows his position as public man to be abused by his relatives or associates _ part (d) seeks to provide for cases where the conduct of a public man is not in conformity with the norms of integrity expected of him clause 4-this clause provides for the appointment of lokpal the method of appointment of a lokpsl is in i!pubstence the same as provided in sub-clause (1) of clause 3 of the 1971 bill, with the variation that instead of consulta-aon with the leader of opposition in the lok sebha, consultation with the chairman of rajya sabha and the speaker of-the lok sabha has been provided clcwh 5-this clause is aelfexplanatory and eorresponda to c:lajjle 4 of the 1971 bill ' clause 6-this clause provides for the term of office and other coruiitions of service of the lokpal and is based on clause 5 of the 1971 bill at provides for the salary payable to the lokpaj it &lao _ providel that :the allowances and pension payable to and other conditions ~ service of the lokpal shall be such lis may be deteanil1ed by, the preaident hav~ regard to the allowances and pension payable to and otller conditiods of service of the ctuef justice of 'india clause 7·-tbis clause deals with the removal of ~pal ard is inabti-tance the same as provided in clause 6 of the 1971 bill it, however, seeks to make it clear that the growads and procedure w ~ of lotpal will-be the same , thole applicable in the caee of ju4  of sulnae cout ! clause 8-this is a new provision this clause provides for the appointment of one or more special lokpals when on a report from the lokpal the president is satisfied that it is necessary to have additional lokpal (s) for the expeditious disposal of complain·~ a special lokpal may be appointed for a term of 5 years or for a shorter period 'l'he procedure for appointment of special lokpal, the salary payable to a special ,lokpal and all other conditions of service of a special lokpal, are the saine as those of the lokpal with the exception that 1£ a special lokpal is appointed for a term shorter than i) years, he will be eligible for re-appointment provided the total period does not exceed 5 years clause 9-this clause provides for an independent investigating machinery and other staff to as'~ist the lokpal which will be under his direct administrative con'~rol it also provides that the lokpal can secure the services of other officers and investigating agencies of the state and the central gqvcrnment with the concurrence of the government concerned or any other person or agency considered necessary by him this clause also provides that the matters relaang to salary, allowances and other conditions of service of persons working under the lokpal will be regulated by rules framed ,in consultation with him there is a provision that special conditions of service will be prescribed for them with a view to enabling them to £v::t without fear in the discharge of their functions clause 10-this clause deals with the jurisdiction of the lokpal sub-clau!ie (1) provides ,that the lokpal may inquire into ally allegation of misconduct against a public man, made in the complaint sub-clause (2) provides that matters in respect of which complaints may be made ehall not be referred for inquiry under the commissions of inquiry act, 1952, withou't the concurrence of the lokpal clause n-this clause deals with matters which are not subject to the jurisdiction of the lokpal sub-clause (1'), which is a new provision, provides tha't the lokpal shall not inquire into any matter concerning \any person if he has any bias in respect of such matter or person subclause (3) provides that the lokpal shall not inquire into any matter which has been referred for inquiry under the commissions of inquiry act, 1952, on his recommendation or with his prior concurrence subclause (4) provides for the same period of limitation (five years from the commission of misconduct) as in sub-clause (5) of clause 8 of the 1971 bill czltuse 12-this clause follows, in substance clause 9 of the l!nl bill and provides that any person other than a' public servant may make a complaint ~o 'the lokpal it provides that the complaint will have to be in writing in the prescribed form accompanied by an affidavit there is an additional provision in this clause for a deposit of ri 1,000 by the complainant the lokpal is being empowered to exempt for sufficient cause a complainant from ·the requirement as to deposit ' ;,,;c,"uae' 18;-this elause provides for preliminary scrutiny of complaints -by"liigkpal and 'for dismissal of complaints which on verification are found to be frivolous or vexatious or not subject to the jurisdiction"of the lokpal or not made within the period of limitation this clause incorporates provisions of sub-clauses (4) and (5) of clause 10 of the 1&'11 bill ii, - , i clause 14-this clause provides for the procedure to be adopted by the lokpal in respect of inquiries the clause provides inter alia for the fo~warding of a copy of the complaint to the conc~ned com~tent authority and the public man and for givjng the latter an opportunity to represent his case this corresponds to sub-clauses (1), (2) and (3) of clause 10 of the 1971 bill clause 15-this clause corresponds to clause 11 of the 1971 bill subclause (1) of this clause seeks to confer on the lokpal the powers of a civil court in regard to matters such as summoning of witnesses, discovery and production of documents, receiving evidence on affidavits, etc the public servants will be obliged, notwithstanding the provisions m other laws about secrecy, etc, to disclose any information or documents required by the lokpal for purposes of an inquiry except when such information or documents relates to the proceedings of the cabinet and cabine't committees the information or document required by the lokpal may be withheld also when its disclosure or production is likely to prejudice the security, defence or international relations of india, but, unlike the provisions in the 1971 bill, the lokpal will be entitled to be satisfied about the correctness of such a claim clause l6-this is a new provision and it seeks to confer powers of search and seizure on the lokpal clause 17-this clause is based on sub-clauses (3), (4), (5), (6) and (7) of clause 12 of the 1971 bill this clause provides that on the conclusion of an inquiry in respect of a complaint, the lokpal will communicate his findings ana recommendations to the concerned competent authority which will have to intimate, to the lokpal, within three months of the receipt of his report, the action taken, or proposed to be taken, on the basis of his report if the lokpal is not satisfied with the action taken, or proposed to be taken, he will be entitled to make a special report about it to the president and it will be laid before each house of parliament in addition, the lokpal will present to the president an annual report of his work which will also be laid before parliament clause is-this clause provides that when a complaint of misconduct is made against the prime minister, a copy of such complaint and of the lokpal's report in respect of such a complaint when received by the prime minister shall be placed before the members of the council of ministers for the union clause 19-this clause provides that, as in the case of judges, the salary, allowances and pension to lokpal and special lokpals shall be charged on the consolidated fund of india cza1u\z 20-this clause provides for secrecy of information obtained by the lokpal and his officers and employees, and is self-explanatory this corresponds to clause 14 of the 1971 bill clause 21-this clause provides for punishment for intentional insult or interruption to, or bringing into disrepute, the lokpal and corresponds, in substance, to clause 15 of the 1971 bill clat£se 22-this clause empowers the lokpal to try himself and punish witnesses for giving or fabricating false evidence and for offences under sections 175, 178, 179 and 180 of the indian penal code there was no such provision in the 1971 bill -clguee 23-sud-dause (1), which corres)mlllds to sub-cla  (1) of ela10llle 17 of the 19'11 blll, provides for conferment of additional functions 011· lokpal in relatioll w eradication ciii cqltu,ption sub-clause (2), which carrapgnda to sub-clause (3) of clause 17 , the 1971 bm seeks te enable the preaicilmt to refer 10 the lokpal aay alleptioil& of miaevnduct in respect of a public man ckule 24-thia,clawie providelfor·tbe ~al qfdeposita made by complameta 1incier ~\ue 13 cluuse 25-thisclause is self-explanatory and follows clause 16 of the 1971 bill clause 26-"nlis clause corresponds to clause 19-of the ifni 'bill and it provides for delegation of powen by thelokpal tq hib'staff cl4we 27-this clause provides for the power to make rulea czawe 28-this clause makes it clear that complaints cannot b~ made to the lokpal in respect of matters referred to any commission of inquiry under the commissions of inquiry act, 1952, before the commencement of the proposed legislation ~au'se 4 (1) and clause 8 (1) of the bill provide respectively far the appomtment of the lokpal and special lokpal or special lokpals clause 6(3) provides for1he salary payable to lokpal clause 6 (4) lays down that the lokpal shall be entitled without payment of rent' to the use of an o'fticial residence clause 6 (5) of the bill envisages that the allowances and pension payable to, and other conditions of service of, the lokpal shall be such as may be prescribed by rules having regard to ~e allowances and pension payable to, and other conditions of servi~e qf, the chief justice of india by virtue of clause 8 (3), the provisions of clause 6(3), (4) and (5) apply in relation to the special lokpals also 2 sub-clauee (1) of cla\1le9 provides that the lokpal shall have the secretary and such other officers and employees as may be prescribed by rules to assist thm in the liiscbal1ge of his functions sub-clause (2) 01 clause 9 empowers the lokpal to secure, for the purposes of deai:mg with any complaints or any classes of complaints, the services of any officer 'or employee or investigating agency of the central government or a stllte government or the services of any other penon or agency sub-clause (3) of clause 9 provides that the terms and conditions of service of the officers and employees of the lokpal and of the officers, employees, agencies and persons referred to in sub-clause (2) of that clause, shall be such as may be prescribed by rules in consultation with the lokpal 3 it is not possible to visualise at this stage whether any need will arise for the appointment of one or more special lokpals further, the salaries and other conditions of service of the staff of the lokpaj are to be prescribed by rules after consuaation with the ~kpa~ it is, therefo~e, n t possible to give precise details of the expenditure mvolved it is, h over estimated that the bill when enacted, will involve a non-reowe , '   d't ~ g expenditure of rs 2 lakhs and a recurrmg expen 1 ure 0 f rs 20  curun t t ,1akhs a year in case it become3 necesnry to cons ruc a b 'lding t ul 0 house the es,tablishment of the lokpal, additional expenditure, of a nonrecurring nature, of the order of rs 25 lakhs will also be involved clause 27 of the bill empowers the central government to make rules for the purpose of carrying into eff~ct the provisions of the proposed enactment the various matters in relation to which such rules may be made have been enumerated in detail under various it~ms of sub-clause (2) of that clause and relate ma'inly to prescribing of competent authorities in respect of public men oth~r than the prime minister and other members of the council of ministers for the union and chief ministers of states, the conditions of service of the staff and officers who shall constitute the secretariat for the lokpal (in consultation with the lokpal) , the form in which complaints may be made and the fees, if any, which may be charged in respect thereof, the form in which certificates shall be furnished in respect of deposits under clause 12, the manner in which and the authorities or agencies with whom such deposits shall be made and the additional matters in respect of which powers of a civil court may be exercised by the lokpal these are matters of detail, necessary for the effective administration of the provisions of the bill and it is difficult to 'provide for all the situations in the bill itself the delegation of legislative power is,  therefore, of a normal character   ipllto provide for the appoba __ t ef a lokpal to inquire into all,  til milconduct against j,uwc ·mea :and for matten connected t1wtewjtil (shri ch4nti ", liiftibte" of home a,ai" • ) 