Basically the Lokpal is a committee which shall comprise of representatives elected by the people and the government in equal numbers.
The Lokpal shall consist of the following.
(1) There shall be an institution known as Lokpal which shall consist of one Chairperson and ten
members along with its officers and employees. The Lokpal shall be headed by its Chairperson.
(2) The Chairperson and members of Lokpal shall be selected in such manner as laid down in this
Act.
(3) A person appointed as Chairperson or member of Lokpal shall, before entering upon his office,
make and subscribe before the President, an oath or affirmation in the form as prescribed.
(4) The Government shall appoint the Chairperson and members of the first Lokpal and set up the
institution with all its logistics and assets within six months of enactment of this Act.
(5) The Government shall fill up a vacancy of the Chairperson or a member caused due to
a) Retirement, 3 months before the member or the Chairperson retires.
b) Any other unforeseen reason, within a month of such vacancy.
Powers and Functions of Lokpal
(1) Lokpal shall be responsible for receiving:
(a) Complaints where there are allegations of such acts of omission or commission which are
punishable under Prevention of Corruption Act
(b) Complaints where there are allegations of misconduct by a government servant
(c) Grievances
(d) Complaints from whistleblowers
(2) Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of
the following actions:
a. Close the case if prima facie, the complaint is not made out or
b. Initiate prosecution against public servants as well as those private entities which
are party to the act
c. Order imposition of appropriate penalties under CCS Conduct Rules
Provided that if an officer is finally convicted under Prevention of Corruption
Act, major penalty of dismissal shall be imposed on such government servant.
d. Order cancellation or modification of a license or lease or permission or contract or
agreement, which was the subject matter of investigation.
e. Blacklist the concerned firm or company or contractor or any other entity involved
in that act of corruption.
f. Issue appropriate directions to appropriate authorities for redressal of grievance in
such time and in such manner as is specified in the order.
g. Invoke its powers under this Act if its orders are not duly complied with and ensure
Reference:: Sikh Philosophy Network http://www.sikhphilosophy.net/showthread.php?t=36703
due compliance of its orders.
h. Take necessary action to provide protection to a whistleblower as per various
provisions of this Act.
(3) Suo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses
Reference:: Sikh Philosophy Network http://www.sikhphilosophy.net/showthread.php?t=36703
(1), (2), (3) or (4), comes to the knowledge of the Lokpal from any source.
(4) Issue such directions, as are necessary, from time to time, to appropriate authorities so as to make
such changes in their work practices, administration or other systems so as to reduce the scope and
possibility for corruption, misconduct and public grievances.
(5) Lokpal shall be deemed to be “Disciplinary authority” or “appointing authority” for the purpose of
imposing penalties under CCS Conduct Rules.
(6) Section 19 of Prevention of Corruption Act shall be deleted.
(7) Section 197 of CrPC shall not apply to any proceedings under this Act. All permissions, which need to
be sought for initiating investigations or for initiating prosecutions under any Act shall be deemed to
have been granted once Lokpal grants such permissions.
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