Jan Lokpal Bill version 1.

9 An act to create effective anti-corruption and grievance redressal systems at centre so that effective deterrent is created against corruption and to provide effective protection to whistleblowers. 1. Short title and commencement:- (1) This Act may be called the Anti-Corruption, rievance !edressal And "histleblower #rotection Act, $%1%. ($) &t shall come into force on the one hundred and twentieth day of its enactment. 2. Definitions:- &n this Act, unless the conte't otherwise re(uires,% (1) )Action* means any action ta+en by a public servant in the discharge of his functions as such public servant and includes decision, recommendation or finding or in any other manner and includes willful failure or omission to act and all other e'pressions relating to such action shall be construed accordingly, ($) )Allegation* in relation to a public servant includes any affirmation that such public servant(a) has indulged in misconduct, if he is a government servant, (b) has indulged in corruption (-) )complaint* includes any grievance or allegation or a re(uest by whistleblower for protection and appropriate action. (.) )corruption* includes anything made punishable under Chapter &/ of the &ndian #enal Code or under the #revention of Corruption Act, 1011, #rovided that if any person obtains any benefit from the government by violating any laws or rules, that person along with the public servants who directly or indirectly helped that person obtain those benefits, shall be deemed to have indulged in corruption. (2) ) overnment* or )Central overnment* means overnment of &ndia.

(3) ) overnment 4ervant* means any person who is or was any time appointed to a civil service or post in connection with the affairs of the Central employment but would not include the 6udges. (7) )grievance* means a claim by a person that he sustained in6ustice or undue hardship in conse(uence of mal-administration, (1) )8o+pal* means overnment or 5igh Courts or 4upreme Court either on deputation or permanent or temporary or on contractual

a. 9enches constituted under this Act and performing their functions as laid down under various provisions of this Act, or b. Any officer or employee, e'ercising its powers and carrying out its functions and responsibilities, in the manner and to the e'tent, assigned to it under this Act, or under various rules, regulations or orders made under various provisions of this Act. c. :or all other purposes, the Chairperson and members acting collectively as a body, (0) );al-administration* means action ta+en or purporting to have been ta+en in the e'ercise of administrative function in any case where,a. such action or the administrative procedure or practice governing such action is unreasonable, un6ust, oppressive or improperly discriminatory, or b. there has been willful negligence or undue delay in ta+ing such action or the administrative procedure or practice governing such action involves undue delay, (1%) (11) );isconduct* means misconduct as defined in CC4 Conduct !ules and which has <public authority< means any authority or body or institution of self- government a. by or under the Constitution, b. by any other law made by #arliament, c. by notification issued or order made by the (1$) overnment, and includes any body overnment, owned, controlled or substantially financed by the (a) the #rime ;inister, (b) a ;inister, (c) a ;ember of #arliament, overnment servant, (d) >udges of 5igh Courts and 4upreme Court, (e) a vigilance angle. established or constituted=

)#ublic servant* means a person who is or was at any time,-

(f) the Chairman or ?ice-Chairman (by whatever name called) or a member of a local authority in the control of the Central a co-operative society, or a overnment or a statutory body or corporation established by or under any law of the #arliament of &ndia, including overnment Company within the meaning of section overnment, 317 of the Companies Act, 1023 and members of any Committee or 9oard, statutory or non-statutory, constituted by the

(g) 4uch other authorities as the Central time to time, specify,

overnment may, by notification, from

ross or willful negligence, rec+lessness in decision ma+ing, blatant violations of systems and procedures, e'ercise of discretion in e'cess, where no ostensibleApublic interest is evident, failure to +eep the controlling authorityAsuperiors informed in time

(c) :ailureAdelay in ta+ing action, if under law the government servant ought to do so, against subordinates on complaints of corruption or dereliction of duties or abuse of office by the subordinates (d) &ndulging in discrimination through oneBs conduct, directly or indirectly. (e) ?ictimiCing "histle 9lowers (f) Any undueAun6ustified delay in the disposal of a case, perceived after considering all relevant factors, would reinforce a conclusion as to the presence of vigilance angle in a case. (g) ;a+e unfair investigation or en(uiry to either unduly help culprits or fabricate the innocent. (h) Any other matter as notified from time to time by 8o+pal (1.) )"histleblower* is any person who faces threat of (1) professional harm, including but not limited to illegitimate transfers, denial of promotions, denial of appropriate per+s, departmental proceedings, discrimination or ($) physical harm or (-) is actually sub6ected to such harm, because of either ma+ing a complaint to 8o+pal under this Act or for filing an application under !ight to &nformation Act. 3. Esta lishment of the instit!tion of Lokpal and appointment of Lokpal: (1) There shall be an institution +nown as 8o+pal which shall consist of one Chairperson and ten members along with its officers and employees. The 8o+pal shall be headed by its Chairperson. ($) The Chairperson and members of 8o+pal shall be selected in such manner as laid down in this Act. (-) A person appointed as Chairperson or member of 8o+pal shall, before entering upon his office, ma+e and subscribe before the #resident, an oath or affirmation in the form as prescribed.

(.) The Act. (2) The

overnment shall appoint the Chairperson and members of the first 8o+pal and set

up the institution with all its logistics and assets within si' months of enactment of this overnment shall fill up a vacancy of the Chairperson or a member caused due to

a) !etirement, - months before the member or the Chairperson retires. b) Any other unforeseen reason, within a month of such vacancy. "hairperson and #em ers of Lokpal $. %he "hairperson and mem ers of Lokpal not to have held certain offices- The Chairperson and members of 8o+pal shall not be serving or former member of either the #arliament or the 8egislature of any 4tate and shall not hold any office or trust of profit (other than the office as Chairperson or member) or would have ever been connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Chairperson or member of 8o+pal shall(i) if he holds any office of trust or profit, resign from such office, or (ii) if he is carrying on any business, sever his connection with the conduct and management of such business, or (iii) if he is practicing any profession, suspend practice of such profession. (iv) &f he is associated directly or indirectly with any other activity, which is li+ely cause conflict of interest in the performance of his duties in 8o+pal, he should suspend his association with that activity. #rovided that if even after the suspension, the earlier association of that person with such activity is li+ely to adversely affect his performance at 8o+pal, that person shall not be appointed as a member or Chairperson of 8o+pal. &. %erm of office and other conditions of service of Lokpal' (1) A person appointed as the Chairperson or member of 8o+pal shall hold office for a term of five years from the date on which he enters upon his office, #rovided further that.(a) the Chairperson or member of 8o+pal may, by writing under his hand addressed to the #resident, resign his office,

(b) the Chairperson or member may be removed from office in the manner provided in this Act. ($) There shall be paid to the Chairperson and each member every month a salary e(ual to that of the Chief >ustice of &ndia and that of the 6udge of the 4upreme Court respectively, (-) The allowances and pension payable to and other conditions of service of the Chairperson or a member shall be such as may be prescribed, #rovided that the allowances and pension payable to and other conditions of service of the Chairperson or members shall not be varied to his disadvantage after his appointment. (.) The administrative e'penses of the office of the 8o+pal including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated :und of &ndia. (2) There shall be a separate fund by the name of )8o+pal fund* in which penaltiesAfines imposed by the 8o+pal shall be deposited and in which 1%D of the loss of #ublic ;oney detectedAprevented on account of investigations by 8o+pal shall also be deposited by the overnment. Eisposal of such fund shall be completely at the discretion of the 8o+pal and such fund shall be used only for enhancementAupgradationAe'tension of the infrastructure of 8o+pal. (3) The Chairperson or members shall not be eligible for appointment on any position in overnment of &ndia or overnment of any state or for fighting elections, if he has ever held the position of the Chairperson or a member for any period. #rovided however that a member or Chairperson may be reappointed for one more term or a member may be appointed as the Chairperson, however, that any person shall not serve for more than a total of two terms. (. )ppointment of the "hairperson and mem ers: 1. The Chairperson and members shall be appointed by the #resident on the recommendation of a selection committee. $. :ollowing persons shall not be eligible to become Chairman or ;ember in 8o+palF (a) Any person who was ever chargesheeted for any offence under &#C or #C Act or was ever penaliCed under CC4 Conduct !ules. (b) Any person who is less than .% years in age. -. At least four members of 8o+pal shall have legal bac+ground. .. The members and Chairperson should have unimpeachable integrity and should have demonstrated their resolve and efforts to fight against corruption in the past. 2. A selection committee consisting of the following shall be set upF

a. The Chairpersons of both 5ouses of #arliament b. Two senior most 6udges of 4upreme Court c. Two senior most Chief >ustices of 5igh Courts. d. All Gobel 8aureates of &ndian Hrigin e. Chairperson of Gational 5uman !ights Commission f. 8ast two ;agsaysay Award winners of &ndian origin eneral of &ndia g. Comptroller and Auditor i. 6.

h. Chief Ilection Commissioner 9harat !atna Award winners After the first set of selection process, the outgoing members and Chairperson of 8o+pal. 3. The seniormost 6udge of 4upreme Court shall act as the Chairperson of the selection committee. 7. The following selection process shall be followedF a. !ecommendations shall be invited through open advertisements in prescribed format. b. Iach person recommending shall be e'pected to 6ustify the selection of his candidate giving e'amples from the past achievements of the candidate. c. The list of candidates along with their recommendations received in the format mentioned above shall be displayed on a website. d. Iach member of the selection committee, on the basis of the above material, shall recommend such number of names as there are vacancies. e. A priority list shall be prepared with the candidate receiving recommendations from ma'imum number of members of selection committee at the top. The candidates recommended by same number of members shall be treated at par. f. This priority list shall be displayed on the website. the top. h. #ublic feedbac+ shall be invited on the shortlisted names by putting these names on the website. i. The selection committee may decide to use any means to collect more information about the bac+ground and past achievements of the shortlisted candidates. g. Around three times the names as there are vacancies, shall be shortlisted from

6.

4election committee shall invite shortlisted candidates for discussions, video recordings of which shall be made public.

+. All the material obtained so far about the candidates shall be made available to each member of the selection committee in advance. The members shall ma+e their own assessment of each candidate. l. The selection committee shall meet and discuss the material so received about each candidate. The final selections for the Chairperson and members shall be made preferably through consensus. #rovided that if three or more members, for reasons to be recorded in writing, ob6ect to the selection of any member, he shall not be selected. m. All meetings of selection committee shall be video recorded and shall be made public. 1. The #rime ;inister shall recommend the names finaliCed by the selection committee to the #resident immediately, who shall order such appointments within a month of receipt of the same. 0. &f any of the members of the selection committee retires while a selection process is going on, that member will continue on the selection committee till the end of that process. *. +emoval of "hairperson or mem ers(1) The Chairperson or any member shall not be removed from his office e'cept by an order of the #resident. ($) They can be removed on one or more of the following groundsF a. #roved misbehavior b. #rofessional or physical incapacity c. &f he is ad6udged to be insolvent d. 5as been charged of an offence which involves moral turpitude e. &f he engages during his term of office in any paid employment outside the duties of his office f. 5as ac(uired such financial interests or other interests which are li+ely to affect pre6udicially his functions as member or Chairperson. g. &f he is guided by considerations e'traneous to the merits of the case either to favor someone or to implicate someone through any act of omission or commission.

h. &f any member or Chairperson tries to or actually unduly influences any government functionary. i. 6. &f he commits any act of omission or commission which is punishable under #revention of Corruption Act or is a misconduct. &f a member or the Chairperson in any way, concerned or interested in any contract or agreement made by or on behalf of the overnment of &ndia or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior. (-) The following process shall be followed for the removal of any member or ChairpersonF (a) Any person may move an applicationApetition before the 4upreme Court see+ing removal of one or more of the members of Chairperson of 8o+pal alleging one or more of the grounds for removal and providing evidence for the same. (b) 4upreme Court will hear the matter by a bench of three or more >udges on receipt of such petition and may ta+e one or more of the following stepsF (i) order an investigation to be done by a 4pecial &nvestigation Team appointed by the 4upreme Court if a prima facie case is made out and if the matter cannot be 6udged based on affidavits of the parties. The 4pecial &nvestigation Team shall submit its report within three months. (ii) #ending investigations under sub-clause (i) by 4pecial &nvestigation Team, the 4upreme Court may decide to order withdrawal of part or complete wor+ from that member. (iii) dismiss the petition if no case is made out (iv) if the grounds are proved, recommend to the #resident for removal of the said member or Chairperson (v) direct registration and investigation of cases with appropriate agencies if there is prima facie case of commission of an offence punishable under #revention of Corruption Act. (c) The three 6udge bench shall be constituted by a panel of five seniormost 6udges of the 4upreme Court. #rovided that if there are any proceedings going on against any 6udge in 8o+pal, he shall not be a part of either the panel or the bench. (d) The 4upreme Court shall not dismiss such petitions in liminae.

(e) &f the 4upreme Court concludes that the petition has been made with mischievous or malafide motives, the Court may order imposition of fine or imprisonment upto one year against the complainant. (f) Hn receipt of a recommendation from the 4upreme Court under this section, the #rime ;inister shall recommend it to the #resident immediately and the #resident shall order removal of said members within a month of receipt of the same. ,o-ers and .!nctions of Lokpal /. .!nctions of Lokpal: (1) 8o+pal shall be responsible for receivingF (a) Complaints where there are allegations of such acts of omission or commission which are punishable under #revention of Corruption Act (b) Complaints where there are allegations of misconduct by a government servant (c) rievances (d) Complaints from whistleblowers ($) 8o+pal, after getting such en(uiries and investigations done as it deems fit, may ta+e one or more of the following actionsF a. Close the case if prima facie, the complaint is not made out or b. &nitiate prosecution against public servants as well as those private entities which are party to the act c. Hrder imposition of appropriate penalties under CC4 Conduct !ules #rovided that if an officer is finally convicted under #revention of Corruption Act, ma6or penalty of dismissal shall be imposed on such government servant. d. Hrder cancellation or modification of a license or lease or permission or contract or agreement, which was the sub6ect matter of investigation. e. 9lac+list the concerned firm or company or contractor or any other entity involved in that act of corruption. f. &ssue appropriate directions to appropriate authorities for redressal of grievance in such time and in such manner as is specified in the order. g. &nvo+e its powers under this Act if its orders are not duly complied with and ensure due compliance of its orders. h. Ta+e necessary action to provide protection to a whistleblower as per various provisions of this Act.

(-) 4uo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses (1), ($), (-) or (.), comes to the +nowledge of the 8o+pal from any source. (.) &ssue such directions, as are necessary, from time to time, to appropriate authorities so as to ma+e such changes in their wor+ practices, administration or other systems so as to reduce the scope and possibility for corruption, misconduct and public grievances. (2) 8o+pal shall be deemed to be )Eisciplinary authority* or )appointing authority* for the purpose of imposing penalties under CC4 Conduct !ules. (3) 4ection 10 of #revention of Corruption Act shall be deleted. (7) 4ection 107 of Cr#C 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 8o+pal grants such permissions. 9. 0ss!e of Search 1arrant2 etc.- (1) "here, in conse(uence of information in his possession, the 8o+pal (a) has reason to believe that any person. @ (i) to whom a summon or notice under this Act, has, been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful for or relevant to any in(uiry or other proceeding to be conducted by him, (ii) is in possession of any money, bullion, 6ewellery or other valuable article or thing and such money, bullion, 6ewellery or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rule in force which re(uires such disclosure to be made, or (b) considers that the purposes of any in(uiry or other proceedings to be conducted by him will be served by a general search or inspection, he may by a search warrant authoriCe any #olice officer not below the ran+ of an &nspector of #olice to conduct a search or carry out an inspection in accordance therewith and in particular to, (i) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, 6ewellery or other valuable article or thing is +ept, (ii) search any person who is reasonably suspected of concealing about his person any article for which search should be made,

(iii) brea+ open the loc+ of any door, bo', loc+er safe, almirah or other receptacle for e'ercising the powers conferred by sub-clause (i) where the +eys thereof are not available. 1 4eiCe any such property, document, money, bullion, 6ewellery or other valuable article or thing found as a result of such search, (iv) place mar+s of identification on any property or document or ma+e or cause to be made, e'tracts or copies therefrom, or (v) ma+e a note or an inventory of any such property, document, money, bullion, >ewellery or other valuable article or thing. ($) The provisions of the Code of Criminal #rocedure, 107-, relating to search and seiCure shall apply, so far as may be, to searches and seiCures under sub-section (1). (-) A warrant issued under sub-section (1) shall for all purposes, be deemed to be a warrant issued by a court under section 0- of the Code of Criminal #rocedure, 107-. 13. Evidence - (1) 4ub6ect to the provisions of this section, for the purpose of any investigation (including the preliminary in(uiry, if any, before such investigation) under this Act, the 8o+pal may re(uire any public servant or any other person who, in his opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such document. ($) :or the purpose of any such investigation (including the preliminary in(uiry) the 8o+pal shall have all the powers of a civil court while trying a suit under the Code of Civil #rocedure, 10%1 , in respect of the following matters, namelyF(a) 4ummoning and enforcing the attendance of any person and e'amining him on oath, (b) !e(uiring the discovery and production of any document, (c) !eceiving evidence on affidavits, (d) !e(uisitioning any public record or copy thereof from any court or office , (e) &ssuing commissions for the e'amination of witnesses or documents , (f) ordering payment of compensatory cost in respect of a false or ve'atious claim or defence, (g) ordering cost for causing delay, (h) 4uch other matters as may be prescribed. (-) Any proceeding before the 8o+pal shall be deemed to be a 6udicial proceeding with in the meaning of section 10- of the &ndian #enal Code.

11. +eports of Lokpal2 etc. (1) The Chairperson of 8o+pal shall present annually a consolidated report in prescribed format on its performance to the #resident. ($) Hn receipt of the annual report, the #resident shall cause a copy thereof together with an e'planatory memorandum to be laid before each 5ouse of the #arliament. (-) The 8o+pal shall publish every month on its website the list of cases disposed with brief details of each such case, outcome and action ta+en or proposed to be ta+en in that case. &t shall also publish lists of all cases received by the 8o+pal during the previous month, cases disposed and cases which are pending. 12. Lokpal to e a deemed police officer: (1) :or the purposes of section -3 of Criminal

#rocedure Code, the Chairperson, members of 8o+pal and the officers in investigation wing of 8o+pal shall be deemed to be police officers. ($) "hile investigating any offence under #revention of Corruption Act 1011, they shall be competent to investigate any offence under any other law in the same case. 13. ,o-ers in case of non-compliance of orders: (1) Iach order of 8o+pal shall clearly specify the names of the officials who are re(uired to e'ecute that order, the manner in which it should be e'ecuted and the time period within which that order should be complied with. ($) &f the order is not complied with within the time or in the manner directed, 8o+pal may decide to impose a fine on the officials responsible for the non-compliance of its orders. (-) The Erawing and Eisbursing Hfficer of that Eepartment shall be directed to deduct such amount of fine as is clearly specified by the 8o+pal in its order made in sub-section ($) from the salaries of the officers specified in the order. #rovided that no penalty shall be imposed without giving a reasonable opportunity of being heard. #rovided that if the Erawing and Eisbursing Hfficer fails to deduct the salary as specified in the said order, he shall ma+e himself liable for a similar penalty. (.) &n order to get its orders complied with, t he 8o+pal shall have, and e'ercise the same

6urisdiction powers and authority in respect of contempt of itself as a 5igh court has and may e'ercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1071 (Central Act 7% of 1071) shall have the effect sub6ect to the modification that the references therein to the 5igh Court shall be construed as including a reference to the 8o+pal.

13). Special J!d4es !nder section $ of ,revention of "orr!ption )ct: Hn an annual basis, 8o+pal shall ma+e an assessment of the number of 4pecial >udges re(uired under section . of #revention of Corruption Act 1011 in each area and the overnment shall appoint such number of >udges within three months of receipt of such recommendation. #rovided that 8o+pal shall recommend such number of 4pecial >udges so that trial in each case under this Act is completed within a year. 13B. 0ss!e of Letter +o4ator5: A bench of 8o+pal shall have powers to issue 8etters !ogatory in any case pending with 8o+pal. .!nctionin4 of Lokpal 1$. .!nctionin4 of Lokpal: (1) The Chairperson shall be responsible for overall administration and supervision of the institution of 8o+pal. ($) All policy level decisions including formulation of regulations, developing internal systems for the functioning of 8o+pal, assigning functions to various officials in 8o+pal, delegation of powers to various functionaries in 8o+pal etc shall be ta+en by the Chairperson and the members collectively as a body. (-) The Chairperson shall have an annual meeting with the #rime ;inister to assess the needs of 8o+pal for finances and manpower. 8o+pal shall be provided resources by the on the basis of outcome of this meeting. (.) 8o+pal shall function in benches of three or more members. 9enches shall be constituted randomly and cases shall be assigned to them randomly by computer. Iach bench shall consist of at least one member with legal bac+ground. (2) 4uch benches shall be responsible for (i) granting permission to close any case after a preliminary en(uiry (ii) granting permission to either close a case after investigations or issuing orders imposing penalties under CC4 Conduct !ules andAor for initiating prosecution in that case. (iii) &ssuing orders under section $1 and section 1-9. (3) 8o+pal may decide to initiate investigations into any case suo moto also. overnment

(7) The decision to initiate investigation or prosecution against any member of the Cabinet or any 6udge of 5igh Court or 4upreme Court shall be ta+en in a meeting of all the e'isting members and the Chairperson. ;inutes and records of such meetings shall be made public. 1&. #akin4 a complaint to the Lokpal: (1) 4ub6ect to the provisions of this Act, any person may ma+e a complaint under this Act to the 8o+pal. #rovided that in case of a grievance, if the person aggrieved is dead or for any reason, unable to act for himself, the complaint may be made or if it is already made may be continued by his legal representatives or by any other person who is authoriCed by him in writing in this behalf. ($) A complaint could be on a plain paper but should contain all such details as prescribed by 8o+pal. ($A) After its annual report has been presented in the #arliament, the Comptroller and Auditor eneral of &ndia shall forward all such cases, which constitute an allegation under this Act, to the 8o+pal and 8o+pal shall act on them as per provisions of this Act. (-) Hn receipt of a complaint, the 8o+pal shall decide whether it is an allegation or a grievance or a re(uest for whistleblower protection or a mi'ture of two or more of these. (.) Ivery complaint shall have to be compulsorily disposed off by the 8o+pal. #rovided that no complaint, other than those which are anonymous or pseudonymous, shall be closed without hearing the complainant. 1(. #atters -hich ma5 e investi4ated 5 the Lokpal' 4ub6ect to the provisions of this Act, the 8o+pal may investigate any action which is ta+en by or with the general or specific approval of a public servant where a complaint involving a grievance or an allegation is made in respect of such action. #rovided that the 8o+pal may also investigate such action suo moto or if it is referred to it by the government, if such action can be or could have been in his recorded opinion, sub6ect of a grievance or an allegation. 1*. #atters not s! 6ect to investi4ation:- (1) The 8o+pal shall not conduct any investigation under this Act in case of a grievance in respect of any action(i) if the complainant has or had, any remedy by way of appeal, revision, review or any other remedy before any other authority provided in any other law and he has not availed of the same.

(ii) Ta+en by a 6udicial or (uasi-6udicial body, unless the complainant alleges malafides (iii) &f the substance of the entire grievance is pending before any court or (uasi-6udicial body of competent 6urisdiction. (iv) any grievance where there is inordinate and ine'plicable delay. ($) Gothing in this Act shall be construed as authorising the 8o+pal to investigate any action which is ta+en by or with the approval of the #residing Hfficer of either 5ouse of #arliament. (-) The provisions of this Act shall be in addition to the provisions of any other enactment or any rule or law under which any remedy by way of appeal, revision, review or in any other manner is available to a person ma+ing a complaint under this Act in respect of any action and nothing in this Act shall limit or affect the right of such person to avail of such remedy. (.) Gothing in this section shall bar 8o+pal from entertaining a complaint ma+ing an allegation of misconduct or corruption or a complaint from a whistleblower see+ing protection. 1/. ,rovisions relatin4 to complaints and investi4ations(i) (a) The 8o+pal, on receipt of a complaint in the nature of an allegation or a grievance or a combination of the two, or in a case initiated on his own motion, may on perusing the documents, either decide to proceed to en(uire or investigate into that complaint or decide, to ma+e such preliminary in(uiry before proceeding to en(uire or investigate into such complaint or direct any other person to ma+e such preliminary in(uiry as it deems fit for ascertaining whether there e'ists reasonable ground for conducting the investigation. The outcome of such preliminary en(uiry, and if the complaint is being closed along with reasons for the same and all material collected during preliminary en(uiry, shall be communicated to the complainant. #rovided that if any case is closed, all documents related thereto shall thereafter be treated as public. Ivery month, a list of all such cases shall be put on the website with reasons for closing a case. All material connected with such closed cases will be provided to anyone see+ing it under !ight to &nformation Act. #rovided further that if the complaint contains verifiable and specific information about misconduct or corruption, then that case shall not be re6ected even if the complaint is anonymous. #rovided further that no complaint of allegation shall be re6ected by (uestioning the motives or intention of the complainant.

#rovided further that all hearings before 8o+pal shall be video recorded and shall be available to any member of the public on payment of copying costs. (b) The procedure for preliminary en(uiry of a complaint shall be such as the 8o+pal deems appropriate in the circumstances of the case and in particular, the 8o+pal may, if it deems necessary to do so, call for the comments of the public servant concerned. #rovided that the preliminary en(uiry should be completed and a decision ta+en whether to close a case or to proceed with investigations within one month of receipt of any complaint. (ii) "here the 8o+pal proposes, either directly or after ma+ing preliminary in(uiry, to conduct any investigation under this Act, he.(a) may ma+e such order as to the safe custody of documents relevant to the investigation, as it deems fit. (b) at appropriate stage of investigations or in the end, it shall forward a copy of the complaint, its findings and copy of the material relied upon to the concerned public servant and the complainant, (c) shall afford to such public servant and the complainant an opportunity to offer comments and be heard. #rovided that such hearing shall be held in public, e'cept in such rare circumstances, to be recorded in writing, will it be held in camera. (iii) The conduct of an investigation under this Act against a #ublic servant in respect of any action shall not affect such action, or any power or duty of any other public servant to ta+e further action with respect to any matter sub6ect to the investigation. (iv) &f, during the course of preliminary in(uiry or investigation under this Act, the 8o+pal is prima facie satisfied that the allegation or grievance in respect of any action is li+ely to be sustained either wholly or partly, he may, through an interim order, direct the public servant concerned to stay the implementation or enforcement of the decision or action complained against, or to ta+e such mandatory or preventive action, on such terms and conditions, as he may specify in his order to prevent further harm from ta+ing place. (v) The 8o+pal, either during the course of investigations, if it is satisfied that prosecution is li+ely to be initiated in that case, or at the end of the investigations at the time of initiating prosecution, shall ma+e a list of moveable and immoveable assets of all the accused in that case and shall notify the same. Go transfer of the same shall be

permitted after such notification. &n the event of final conviction, the court shall be empowered to recover loss determined under section 10 of this Act from this property, in addition to other measures. (vi) &f during the course of investigation or en(uiry into a complaint, 8o+pal feels that continuance of a public servant in that position could adversely affect the course of investigations or en(uiry or that the said person is li+ely to impact evidence or witnesses, the 8o+pal may issue appropriate orders including transfer of that public servant from that position or his suspension. #rovided that such orders shall not be passed against the #rime ;inister. (vii)&n case of a grievance, the 8o+pal may issue interim orders to the appropriate authority recommending grant of interim relief to the complainant if he is satisfied at any stage of preliminary in(uiry on investigation that the complainant has sustained in6ustice or undue hardship in conse(uence of any decision or action of a public servant. (viii) The 8o+pal may, at any stage of in(uiry or investigation under this Act, direct through an interim order, appropriate authorities to ta+e such action as is necessary, including suspension of a government servant, pending in(uiry or investigation.(i) to safeguard wastage or damage of public property or public revenue by the administrative acts of the public servant, (ii) to prevent further acts of misconduct by the public servant, (iii) to prevent the public servant from secreting the assets allegedly ac(uired by him by corrupt means, (i') "here after investigation into a complaint, the 8o+pal is satisfied that the complaint involving an allegation against the public servant, other than the ;inisters, ;embers of #arliament and 6udges, is substantiated and that the public servant concerned should not continue to hold the post held by him, the 8o+pal shall pass orders to that effect. &n case of public servant being a ;inister or a ;ember of #arliament, 8o+pal shall ma+e such recommendation to the #resident, who shall decide either to accept such recommendation or re6ect it within a month of its receipt. #rovided that the provisions of this section shall not apply to the #rime ;inister. (') &f, after en(uiry into a grievance and after affording reasonable opportunity of being heard to both the complainant and the public authority, the 8o+pal is satisfied that such grievance is substantiated either wholly or partly, he shall,

i. #ass appropriate orders directing appropriate authorities to redress the grievance in a manner and within the time prescribed in the order, and ii. Eirect the appropriate authorities to deduct from the salary of the officials mentioned in the order, such penalty amounts as are directed by 8o+pal , which shall not be less than !s $2% per day of delay calculated from day the time limit mentioned in citiCensB charter for redressing that grievance got over, and iii. Eirect the appropriate authorities to compensate the complainant with such amounts as mentioned in the order. #rovided that any grievance shall be disposed within 12 days of its receipt. #rovided further that if it relates to life and liberty of a person or if the matter is such as to warrant immediate attention and the 8o+pal is so satisfied, the same shall be disposed within .1 hours. ('i) All records and information of 8o+pal shall be public and shall be provided under !ight to &nformation Act, even at the stage of investigation or en(uiry, unless release of such information would adversely affect the process of en(uiry or investigation. #rovided that no information in any case shall be withheld under !ight to &nformation Act after the completion of en(uiry or investigation. +ecover5 of Loss to the 7overnment and p!nishments 19. +ecover5 of loss to the 7overnment: &f a person is convicted of an offence under #revention of Corruption Act, then the trial court will also (uantify the loss caused to the government and apportion that amount to various convicts from whom this money must be recovered as arrears of land revenue. 19). ,!nishments for offences: :or offences mentioned in Chapter &&& of #revention of Corruption Act, proviso to section $(.) of this Act and section $1A of this Act, punishment shall not be less than seven years which may e'tend upto life imprisonment. #rovided that if the accused is any officer of the ran+ of >oint 4ecretary in the state or above or a ;inister, the punishment shall not be less than ten years. #rovided further that if the offence is of the nature mentioned in proviso to section $(.) of this Act and if the beneficiary is any corporate house, in addition to other punishments mentioned in this Act and under #revention of Corruption Act, a fine amounting to five times the loss caused

to the government shall be recovered from the accused and the recovery may be done from the assets of the company and from the personal assets of all Eirectors of the company, if the assets of the accused are inade(uate. #rovided further that if the accused is either a member of 8o+pal or Chairperson of 8o+pal or any person who is in direct or indirect employment of 8o+pal, the punishment shall not be less than ten years. 1histle lo-er protection 23. ,rotection of 1histle lo-er: (1) A whistleblower may write to 8o+pal see+ing protection from threat of physical or professional victimiCation or if he has been sub6ected to such professional or physical victimiCation. ($) Hn receiving such a complaint, 8o+pal shall ta+e following stepsF (a) Threat of professional victimiCationF 8o+pal shall conduct appropriate en(uiries and if it feels that there is a real threat to the person and the threat is on account of that person having made an allegation under this Act, then the 8o+pal shall pass appropriate orders, as soon as possible but in not more than a month of receipt of such complaint, directing appropriate authorities to ta+e such steps as directed by the 8o+pal. (b) &f a person complains that he has already been victimiCed professionally on account of ma+ing an allegation under this Act, 8o+pal shall, after conducting en(uiries, if he is of the opinion that the victimiCation is indeed because of that personBs having made an allegation under this Act, pass appropriate orders, as soon as possible but in not more than a month, directing appropriate authorities to ta+e such steps as directed by the 8o+pal. #rovided that for clause (a) 8o+pal may, but for clause (b) the 8o+pal shall, also issue orders imposing penalties under CC4 Conduct !ules against the officer or officials who issued threats or caused victimiCation. #rovided further that no such penalties shall be imposed without giving an opportunity of being heard to the affected officials. (c) Threat of physical victimiCationF 8o+pal shall conduct appropriate en(uiries and if it feels that there is a real threat to the person and the threat is on account of that person having made an allegation under this Act or for having filed an !T& application to any public authority covered under this Act, then notwithstanding anything contained in any other law, the 8o+pal shall pass appropriate orders, as soon as possible but in not more

than a wee+, directing appropriate authorities, including police, to ta+e such steps as directed by the 8o+pal to provide ade(uate security to that person, to register criminal cases against those who are issuing threats and also to ta+e all such steps necessary to mitigate circumstances leading to such threat. #rovided that if the threat is imminent, 8o+pal may decide to act immediately, within a few hours to prevent physical assault on that person. (d) &f a person complains that he has already been physically assaulted on account of ma+ing an allegation under this Act and if 8o+pal is satisfied after conducting en(uiries that the person has been assaulted because of his having made an allegation under this Act or for filing an !T& application in any of the public authorities covered under this Act, then notwithstanding anything else contained in any other law, the 8o+pal shall pass such orders, as soon as possible but in not more than $. hours, directing the concerned authorities to ta+e such steps as directed by the 8o+pal to provide ade(uate security to that person, to register criminal cases and also to ensure that no further harm visits on that person. (e) &f the whistleblower has alleged an act punishable under #revention of Corruption Act, then for cases under clause (c), 8o+pal may and for cases under clause (d), the 8o+pal shall, assign the allegations made by that person to a special team, put it on a fast trac+ and complete investigations in that case in not more than a month. (f) &f the whistleblower has alleged an act punishable under any law other than the #revention of Corruption Act, then for cases under clause (c), 8o+pal may and for cases under clause (d), the 8o+pal shall, direct the agency which has the powers to enforce that law to assign the allegations made by the whistleblower to a special team, put it on a fast trac+ and complete investigations in that case in such time as directed by the 8o+pal. (g) 8o+pal shall have the powers to issue directions to appropriate agencies in the cases covered under clause (f), monitor such investigations and if necessary, issue directions to that agency to do the investigations in the manner as directed by the 8o+pal. (-) &f any complainant re(uests that his identity should be +ept secret, 8o+pal shall ensure the same. 8o+pal shall prescribe detailed procedures on how such complainants shall be dealt with. (.) 8o+pal shall &ssue orders to the #ublic Authorities to ma+e necessary changes in their policies and practices to prevent recurrence of victimiCation. 7rievance +edressal S5stems

21. "iti8ens9 "harters: (1) Iach public authority shall be responsible for ensuring the preparation and implementation of CitiCens Charter, within a reasonable time, and not e'ceeding one year from the coming into force of this Act. ($) Ivery CitiCens Charter shall enumerate the commitments of the respective public authority to the citiCens, officer responsible for meeting each such commitment and the time limit with in which the commitment shall be met. (-) Iach public authority shall designate an official called #ublic rievance !edressal Hfficer, whom a complainant should approach for any violation of the CitiCens Charter. (.) Ivery public authority shall review and revise its CitiCens Charter at least once every year through a process of public consultation to be held in the presence of Chief ?igilance Hfficer in that public authority. (2) 8o+pal may direct any public authority to ma+e such changes in their citiCensB charter as are mentioned in that order and that public authority shall ma+e such changes within a wee+ of receipt of such order. (3) Go grievance shall be accepted by 8o+pal if 12 days have not elapsed after submission of complaint by the complainant with the #ublic Authority. #rovided that if 8o+pal feels that considering the gravity or urgency of the grievance, it is necessary to do so, the 8o+pal may decide to accept such grievance earlier also. (7) Euring disposal of a grievance, either on re(uest of the complainant or suo moto, the 8o+pal may treat it as an allegation if there is prima facie evidence of e'pectation or demand of bribery. Emplo5ees and staff and a!thorities in Lokpal 22. "hief :i4ilance ;fficer: (1) There shall be a Chief ?igilance Hfficer in each public authority to be selected and appointed by 8o+pal. ($) 5e shall not be from the same public authority. (-) 5e shall be a person of impeccable integrity and ability to ta+e proactive measures against corruption. (.) 5e shall be responsible for accepting complaints against any public authority and shall transfer the complaints related to other public authorities within two days of receipt. (2) 5e shall be responsible for carrying out all such responsibilities as assigned to him from time to time by 8o+pal including dealing with complaints in the manner as laid down by 8o+pal from time to time. rievance redressal Hfficer of that #ublic

#rovided that the complaints which re(uire investigations under #revention of Corruption Act 1011 shall be transferred to the &nvestigative wing of 8o+pal. #rovided further that the complaints, other than grievances, against officers of the level of >oint 4ecretary or above shall not be dealt by the Chief ?igilance Hfficer and shall be transferred to the 8o+pal, who shall set up a committee of Chief ?igilance Hfficers of three other public authorities to en(uire into such complaint. (3) All the grievances shall be received and disposed by Chief ?igilance Hfficer on behalf of 8o+pal, if the citiCen fails to get satisfactory redressal from #ublic section $1 of this Act. 23. Staff of Lokpal2 etc.- (1) There shall be such officers and employees as may be prescribed to assist the 8o+pal in the discharge of their functions under this Act. ($) The number and categories of officers and employees shall be decided by the 8o+pal in consultation with the government. (-) The categories, recruitment and conditions of service of the officers and employees referred in sub-section (1) including such special conditions or special pay as may be necessary for enabling them to act without fear in the discharge of their functions, shall be such as may be prescribed according to the recommendations of 8o+pal. #rovided that no official, whose integrity is in doubt, shall be considered for being posted in 8o+pal. #rovided further that all officers and employees, who wor+ in 8o+pal on deputation or otherwise shall be eligible for the same terms and conditions as prescribed under this clause. (.) "ithout pre6udice to the provisions of sub-section (1), the 8o+pal may for the purpose of conducting investigations under this Act utiliCe the services of.(a) any officer or investigating agency of the Central (b) any officer or investigating agency of any other concurrence of that overnment, or (c) any person or any other agency. (2) The officers and other employees referred to in sub-section (1) shall be under the administrative and disciplinary control of the 8o+palF (3) 8o+pal shall have the powers to choose its own officials. 8o+pal may enlist officials on deputation from other government agencies for a fi'ed tenure or it may enlist officials on permanent basis from other government agencies or it may appoint people from outside on permanent basis or on a fi'ed tenure basis. overnment, or overnment with the prior rievance Hfficer under

(7) The staff and officers shall be entitled to such pay scales and other allowances, which may be different and more than the ordinary pay scales in the Central attract honest and efficient people to wor+ in 8o+pal. 2$. +epeal and savin4s ' (1) The Central ?igilance Commission Act shall stand repealed. ($) Gotwithstanding such repeal, any act or thing done under the said Act shall be deemed to have been done under this Act and may be continued and completed under the corresponding provisions of this Act. (-) All en(uiries and investigations and other disciplinary proceedings pending before the Central ?igilance Commission and which have not been disposed of, shall stand transferred to and be continued by the 8o+pal as if they were commenced before him under this Act. (.) Gotwithstanding anything contained in any Act, the posts of the 4ecretary and other Hfficers and Imployees of the Central ?igilance Commission are hereby abolished and they are hereby appointed as the 4ecretary and other officers and employees of the 8o+pal. The salaries, allowances and other terms and conditions of services of the said 4ecretary, officers and other employees shall, until they are varied, be the same as to which they were entitled to immediately before the commencement of this Act. (2) All vigilance administration under the control of all Eepartments of Central ;inistries of the Central overnment, overnment, corporations established by or under any Central Act, overnment, as are decided by the 8o+pal from time to time, in consultation with the #rime ;inister, so as to

overnment companies, societies and local authorities owned or controlled by the Central overnment shall stand transferred, alongwith its personnel, assets and liabilities to 8o+pal for all purposes. (3) The personnel wor+ing in vigilance wings of the agencies mentioned in sub-section (2) shall be deemed to be on deputation to 8o+pal for a period of five years from the date they are transferred to 8o+pal. 5owever, 8o+pal may decide to repatriate any one of them anytime. (7) That Eepartment from where any personnel have been transferred to 8o+pal under subsection (2), shall cease to have any control over the administration and functions of transferred personnel. (1) 8o+pal shall rotate the personnel and create vigilance wing of each department in such a way that no personnel from the same department get posted for vigilance functions in the same department. (0) Go person shall be employed with 8o+pal against whom any vigilance en(uiry or any criminal case is pending at the time of being considered.

2&. 0nvesti4ation 1in4 of Lokpal: (1) There shall be an investigation wing at 8o+pal. ($) Gotwithstanding anything contained in section 17 of #revention of Corruption Act, such officers of &nvestigation wing, upto the level as decided by 8o+pal, shall have, in relation to the investigation and arrest of persons throughout &ndia, in connection with investigation of complaints under this Act, all the powers, duties, privileges and liabilities which members of Eelhi 4pecial #olice Istablishment have in connection with the investigation of offences committed therein. (-) That part of Eelhi 4pecial #olice Istablishment, in so far as it relates to investigation and prosecution of offences alleged to have been committed under the #revention of Corruption Act, 1011, shall stand transferred, alongwith its employees, assets and liabilities to 8o+pal for all purposes. (.) That part of Eelhi 4pecial #olice Istablishment, which has been transferred under subsection (-), shall form part of &nvestigation "ing of 8o+pal. (2) The Central personnel. (3) The salaries, allowances and other terms and conditions of services of the personnel transferred under sub-section (-) shall be the same as to which they were entitled to immediately before the commencement of this Act. (7) All cases which were being dealt by that part of Eelhi 4pecial #olice Istablishment, which has been transferred under sub-section (-), shall stand transferred to 8o+pal. (1) After completion of investigation in any case, the investigation wing shall present the case to an appropriate bench of 8o+pal, which shall decide whether to grant permission for prosecution or not. 2(. "omplaints a4ainst officers or emplo5ees of Lokpal: (1) Complaints against employees or officers of 8o+pal shall be dealt with separately and as per provisions of this section. ($) 4uch complaint could relate to an allegation of an offence punishable under #revention of Corruption Act or a misconduct or a dishonest en(uiry or investigation. (-) As soon as such a complaint is received, the same shall be displayed on the website of 8o+pal, alongwith the contents of the complaint. (.) &nvestigations into each such complaint shall be completed within a month of its receipt. overnment shall cease to have any control over the transferred part and its

(2) &n addition to e'amining the allegations against the said official, the allegations shall especially be e'amined against sections 1%7, 133, 137, 177, 11$, 101, 10$, 103, 100, $%%, $%1, $%$, $%., $17, $11, $10, .3-, .3., .31, .30, .7%, .71, .7. of &ndian #enal Code. (3) &f, during the course of investigations, the 8o+pal feels that the charges are li+ely to be sustained, the 8o+pal shall divest such officer of all his responsibilities and powers and shall place him under suspension. (7) &f after completion of en(uiry or investigations, 8o+pal decides to prosecute that person under #revention of Corruption Act, 1011 or holds him guilty of any misconduct or of conducting dishonest en(uiry or investigations, then that person shall not wor+ with 8o+pal anymore. 8o+pal shall either dismiss that person from the 6ob, if that person is in the employment of 8o+pal, or shall repatriate him, if he is on deputation. #rovided that no order under this clause shall be passed without giving reasonable opportunity of being heard to the accused person. #rovided further that order under this clause shall be passed within 12 days of completion of investigations. (1) There shall be a separate wing in 8o+pal to deal with complaints against officers or staff of 8o+pal. (0) 8o+pal shall ta+e all steps to ensure that all en(uiries and investigations on complaints against its own staff and officials are conducted in most transparent and honest manner. 2*. ,rotection- (1) Go suit, prosecution, or other legal proceedings shall lie against the Chairperson or members or against any officer, employee, agency or person referred to in 4ection 1.(.) in respect of anything which is in good faith done while acting or purporting to act in the discharge of his official duties under this Act. ($) Go proceedings of the 8o+pal shall be held to be bad for want of form and e'cept on the ground of 6urisdiction, no proceedings or decision of the 8o+pal shall be liable to be challenged, reviewed, (uashed or called in (uestion in any court of ordinary Civil >urisdiction. #iscellaneo!s 2/. ,! lic Servants to s! mit propert5 statements(1) Ivery public servant, other than those mentioned in 4ection $(11)(a) to (c), shall within three months after the commencement of this Act and thereafter before the -%th >une of every year submit to the head of that public authority, in the form prescribed by 8o+pal, a statement of his

assets and liabilities and those of the members of his family. #ublic servants mentioned in sections $(11)(a) to (c) shall submit their returns in a format prescribed by the 8o+pal to the 8o+pal with the aforesaid time lines. ($) The 5ead of each public authority shall ensure that all such statements are put on the website by -1st August of that year. (-) &f no such statement is received by the 5ead of that public authority from any such public servant within the time specified in sub-section (1), the 5ead of that public authority shall direct the concerned public servant to do so immediately. &f within ne't one month, the public servant concerned does not submit such statement, the 5ead shall stop the salary and allowances of that public servant till he submits such statement. I'planation- &n this section )family of a public servant* means the spouse and such children and parents of the public servant as are dependent on him. (.) The 8o+pal may initiate prosecution against such public servant under 4ection 173 &#C. 2/). ,roperties deemed to have een o tained thro!4h corr!pt means: (1) &f any property, moveable or immoveable, is subse(uently found to be owned by the public servant or any of his family members, which had not been declared under this section by that public servant and which was ac(uired before filing of last return under this section, the same shall be deemed to have been obtained through corrupt means. ($) &f any property, moveable or immoveable, is subse(uently found to be in possession of the public servant or any of his family members, which had not been declared under this section by that public servant, the same shall be deemed to be owned by that public servant and the same shall be deemed to have been ac(uired through corrupt means by that public servant, the onus of proving otherwise shall be on the public servant. (-) The public servant shall be given an opportunity to e'plain, within 12 days, (a) in the case of properties under sub-section (1) of this section, whether he had disclosed that property in any of the earlier years. (b) in the case of properties under sub-section ($) of this section, to e'plain why these properties should not be deemed to be owned by the public servant. (.) &f public servant fails to provide satisfactory reply under sub-section (-) of this section with respect to some properties, 8o+pal shall immediately confiscate all such properties. (2) Transfer of those properties for which notices are issued under sub-section (-) of this section, shall be deemed to be null and void after the date of issue of such notices. (3) 8o+pal shall intimate such information to the &ncome Ta' Eepartment for appropriate action.

(7) Appeal against the orders of 8o+pal shall lie in 5igh Court of appropriate 6urisdiction, which shall decide the matter within two months of filing of the appeal. #rovided that no appeal shall be entertained after e'piry of -% days from the date of order of 8o+pal under sub-section (.). (1) All properties confiscated under this section shall be auctioned to highest bidder. 5alf of the proceeds from the same shall be deposited by the 8o+pal in Consolidated :und of &ndia. The balance amount could be used by 8o+pal for its own administration. #rovided that if an appeal has been filed in any case, the auction shall not ta+e place till the disposal of appeal. 29. ,o-er to dele4ate and assi4n f!nctions: (1) 8o+pal shall be competent to delegate its powers and assign functions to the officials wor+ing in 8o+pal. ($) All functions carried out and powers e'ercised by such officials shall be deemed to have been so done by the 8o+pal. #rovided that the following functions shall be performed by the benches and cannot be delegatedF (i) ranting permission to initiate prosecution in any case. (ii) Hrder for dismissal of any government servant under CC4 Conduct !ules. (iii) #assing orders under section 1% on complaints against officials and staff of 8o+pal. (iv) #ass orders in cases of complaints, other than grievances, against officers of the level of >oint 4ecretary and above. 33. %ime limits: (1) #reliminary en(uiry under sub-section (1) of section 0 of this Act should be completed within a month of receipt of complaint. #rovided that the en(uiry officer shall be liable for an e'planation if the en(uiry is not completed within this time limit. ($) &nvestigation into any allegation shall be completed within si' months, and in any case, not more than one year, from the date of receipt of complaint. (-) Trial in any case filed by 8o+pal should be completed within one year. Ad6ournments should be granted in rarest circumstances. 31. ,enalt5 for false complaint- (1) Gotwithstanding anything contained in this Act, if someone ma+es any false or frivolous complaint under this Act, 8o+pal may impose such fines on that complainant as it deems fit.

#rovided that no fine can be imposed without giving a reasonable opportunity of being heard. ($) 4uch fines shall be recoverable as dues under 8and !evenue Act. (-) A complaint or allegation once made under this Act shall not be allowed to be withdrawn. 31). ,reventive meas!res: (1) 8o+pal shall, at regular intervals, either study itself or cause to be studied the functioning of all public authorities falling within its 6urisdiction and in consultation with respective public authority, issue such directions as it deems fit to prevent incidence of corruption in future. ($) 8o+pal shall also be responsible for creating awareness about this Act and involving general public in curbing corruption and maladministration. 31B. +e-ard Scheme: (1) 8o+pal shall encourage complainants from within and outside the government to report and fight against corruption by publicly recogniCing such persons. ($) 8o+pal shall also prepare an appropriate scheme to give financial award to such complainants. #rovided that the total value of such reward shall not e'ceed 1%D of the value of property confiscated or loss prevented. 32. ,o-er to make +!les ' (1) The overnment may, by notification in the Hfficial aCette,

ma+e rules for the purpose of carrying into effect the provisions of this Act. #rovided that such rules shall be made only in consultation and with the approval of 8o+pal. ($) &n particular, and without pre6udice to the generality of the foregoing provisions, such rules may provide for .(i) the allowance and pensions payable to and other conditions of service of the Chairperson and members of 8o+pal, (ii) the powers of a Civil Court which may be e'ercised by the 8o+pal under clause (h) of sub-section ($) of section 11, (iii) the salary, allowances, recruitment and other conditions of service of the staff and employees of the 8o+pal, (iv) any other matter for which rules have to be made are necessary under this Act. (-) Any rule made under this Act may be made with retrospective effect and when such a rule is made the reasons for ma+ing the rule shall be specified in a 4tatement laid before both 5ouses of the #arliament.

33. +emoval of diffic!lties- Gotwithstanding anything contained in this Act, the #resident, in consultation with 8o+pal or on re(uest of 8o+pal may, by order, ma+e such provision (i) for bringing the provisions of this Act into effective operation, (ii) for continuing the en(uiries and investigations pending before the Central ?igilance Commission by the 8o+pal. 3$. ,o-er to make re4!lations: 8o+pal shall have power to ma+e its own regulations for the smooth functioning of the institution and to effectively implement various provisions of this Act. 3&. This Act shall override the provisions of all other laws.