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REGISTERED No. D-(D) 72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 39] NEW DELHI, FRIDAY, NOVEMBER 18, 1983/KARTIKA 27, 1905

Separate paging is given to this Part in order that it may be filed as a separate compilation

LOK SABHA

The following Bills were introduced in Lok Sabha on the 18th Novem-

ber, 1983; —

BILL NO. 96 OF 1983

A Bill to provide for exercising effective control over habitual criminals

and to ensure expeditious punishment of criminals with a view to

reducing the number of cases pending in courts.

Be it enacted by Parliament in the Thirty-fourth Year of the

Republic of India as follows: —

1. (7). This Act may be called the Prevention of Crime Act, 1983.

(2) It extends to whole of India.

(3) It shall come into force at once.

short title, extent and com- mence- ment.

2. (1) There shall be appointed a special Magistrate for each police

station.

(2) The court of a special Magistrate shall be termed as a Special

Court.

Appoint- ment of special Magistra- tes as Special Courts.

(1)

3. Tl>e special. Magistrate shall be competent to award punishment to the offenders caught redhanded by any watchman, police personnel or caught on-the basis of a first information report lodged with th" police.

Special Magis- trate to award: punirti- ment.

45 of I860.

Powers of special Magis- trate

4. The special Magistrate shall act as an Executive Officer and shall have , the power to award punishment in cases for which a fine upto rupees two thousand five hundred and/or imprisonment upto three months can be awarded under the Indian Penal Code after collecting necessary evidence or examining the accused persons brought to tha police station and recording the evidence of the complainants and wit- nesses

S E C. ZJ • T t tE G A Z E T TE OF I N D IA E X T R A O R D I N A RY

3

STATEMENT OF OBJECTS AND REASONS

At present 5000 to 25000 cases are pending in lower courts, Sub- Divisional Courts, District Courts, High Courts and the Supreme Court from 5 to 10 years and some of the cases are pending for 15 to 20 years. This results in acquittal of culprits and causes unbearable sufferings to the complainants. In the name of "wrong ingredients" of law, the inno- cent people get punishment while actual culprits are acquitted. During the long period of pendency of the cases, the witnesses resile from their earlier statements under threats given by the criminals. Thus justice become costly and the law turns out to be blind.

Under the provisions of the proposed Bill, the police personnel of the concerned police station will expeditiously investigate the case and hand over the accused persons to the special Magistrate. The notion- 'justice delayed is justice denied' will be removed by th" implementation of the provisions of the Bill. Moreover, the number "f Habeas Corpus petitions to High Courts or Supreme Court will be minimised. As aoon as the police apprehends the culprit, they will produce him before the special Court and the judicial proceedings in the matter will itart Immediately.

Hence this BUI.

W DlLMl;

Ri L. P. VKRMA

July 15, 1983.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for the appointment of a special Magis- trate for each police station. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees fifty lakhs per annum.

A non-recurring expenditure of about rupees two lakhs is also

likely to be involved.

BILL NO. 97 or 1983

A Bill further to a,mend the Representation oj the People Act, 1950.

BE it enacted by Parliament in the Thirty-fourth Year of the Republic

of India as follows: —

1. (7) This Act may be called the Representation of the Peopl*

(Amendment) Act, 1983.

Short titl",

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government

•xtent wid com- menc"- m*n*.

may, by notification in the Official Gazette, appoint.

43 of 1950.

2. After section 16 of the Representation of the Peoplt Act, 1950, the

following "section shall be inserted, namely: —

Inwrttea

of n*w

Motion

MA.

Compvi-

woty

ex*rdf*

of right

"16A. (1) It shall be compulsory for every citizen of India, having a right to vote, to vote at an election to the House of the People, Legislative Assembly of the State or Panchayat held in the constituency in which he is enrolled for the time being.

to vote,

(2) If a person does not vote at an election to the House of the People, Legislative Assembly of the State or Panchayat, an explana- tion shall be called from him by the electoral registration officer as to why his name should not be removed from the electoral rolls and if it is proved that he was present in the city/town| village at the time of election and did not exercise his right to vote deliberately, his name shall be removed from the electoral rolls and such action, as may beseemed necessary, shall be taken to deprive him of his civil rights.

(3) If a person does not vote in two .successive elections to the House of the People, Legislative Assembly of the State -or Pan- chayat, he shall stand disqualified for contesting any election and if he or his dependant children are entitled to any benefit of reser- vation fn Government services, they shall not be given that benefit.

(4) Any person, w.ho obstructs a voter from exercising his right to vote by intimidating or terrorising himt shall be punished with rigorous imprisonment for six months and shall also be liable to a. fine upto rupees one thousand which shall be paid to the p"raon deprived of his right to vote."

STATEMENT OF OBJECTS AND REASONS

Even after lapse of .36 years since independence, the citizens of our country are oblivious and unconscious of their democratic rights and obligations. Only 35 per cent to 45 per cent voters exercise their franchise. Voters do not feel the necessity of going to. the election booths and casting their votes. Unless they are aware of the consequence! of not voting at elections, any amount of canvassing, publicity, speeches,, allurements and requests would have no effect on them- As a conse- quence of voters' apathy, anti-social elements spread terror and indulge in booth capturing, looting and violence.

There are certain loopholes in the election laws and procedures. Certain committees were set up to suggest remedial and reformatory measures. But bogus and illegal voting is still taking place every- where. Unless voting is made compulsory, there cannot be improve- ment in the voting system. It is, therefore, necessary to codify the above suggestions in order to ensure free and fair elections and cent per cent voting in elections.

Hence this Bill.

NEW DELHI; K, L. P. VERMA

July 15, 1983.

BILL N O. 110 or 1983

A Bill further to amend the Salary, Allowances and Pension

o} Members oj Parliament Act, 1954.

BE it enacted by Parliament in the Thirty-fourth Year of the Republic Of India as toliows: —

1. This Act may be called the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1983.

Short

titlt.

3^ ?t 1964.

2. In section 8A of the Salary, Allowances and Pension of Members of Parliament Act, 1954 (hereinafter referred to as the principal Act), in sub-section (1),—

(i) for the words "three hundred rupees", wherever they occur, the words "five hundred rupees" shall be substituted;

(it) in the second proviso, for the words "five hundred rupees" the words "sevefl hundred rupees" shall be substituted;

(iii) after the existing provisos, the following provisos shall be

inserted, namely: —

"Provided further that in case of dissolution of the House of the People, earlier than the period of five years, the period already served shall be deemed to bt- equivalent to five years:

Provided further that in the case of every person who has served in the body which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution, the period served by him in such body shall be deemed to be equivalent to five years.".

3. After section 8A of the principal Act, the following section shall be

tiserted, namely: —

Insertion of new section 8B.

"SB. Every person, who has served as a member of the House of the People OT the Council of States, for a period of five years, shall be entitled to—

(i) free travel by rail in first class; and

Provi- sion of facul- ties to ex-mem- bera of Parlia- ment.

(ii) accommodation, for short duration, in guest houses of public undertakings, hostels, circuit houses, rest houses, dak bungalows or any other kind of accommodation in which facilities are available for Group 'A' officers of the Central Government or members of Parliament, at concessional rent or charges:

Provided that in the case of persons who were members of the House of the People, which was dissolved earlier than the period of five years, the period already served by such persons as members of that House shall he deemed to be equivalent to five years."

STATEMENT OF OBJECTS AND REASONS

Provision of certain additional facilities and amenities to persona, who have served as representatives of the people and are of proven worth in the fields of social work and service of the nation in various capacities, has become desirable in view of the changing economic conditions in the country. Even after such persons cease to be Members of Parliament they continue to serve the country and because of their social and political involvement, which is almost as much as that of a sitting member, their economic needs are considerable. As their activities in the public field are advantageous to the people they deserve relief.

Hence this Bill.

NEW DELHI; DOONGAR SINGH

August 3, 1983.

FINANCIAL MEMORANDUM

Clause 2 (i) of the Bill provides for payment of pension of five hundred rupees per mensem instead of three hundred rupees per mensem to ex- members. Clause 2 (ii) provides for raising the total amount ol pension payable to an ex-member to rupees seven hundred " from rupees five hundred per mensem. Clause 2(iii) provides that if the House of the People is dissolved earlier than the period of five years, the members of the dissolved House shall be entitled to receive pension. It also provides that all members of the Cons Ktuent' Assembly of the Dominion of India shall be entitled to receive pension. Clause 3 provides that all ex- members of Parliament who served as a member of either House of Par- liament for a period of five years shall be entitled to travel free by rail in first class and shall be entitled to stay for short durations in guest houses of public undertakings, hostels, etc. at concessional rent or charges. The Bill, therefore, if enacted, will involve expenditure from the Con- solidated Fund of India. It is likely to involve a recurring expenditure of about rupees five lakhs per annum.

No non-recurring expenditure is likely to be involved.

BILL N O. 107 OF 1983

A Bill to provide for the armo'mtment of a Lokpal to inquire into allega^

tions of misconduct aqamst public men and public servants and for

matters connected therewith.

BE it enacted by Parliament in the Thirty-fourth Year of the Republic

of India as follows: —

PRELIMINARY

1. (/) This Act may be called the Lokpal Act, 1983.

(2) It extends to the whol" of India.

(?) It shall rome into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

Short title, ex- ten" and com- mence- ment,

2- (/) In this Act, unless the context otherwise requires,—

Deflnl- tionfl.

(a) "competent authority", in relation to a complaint against a puhliV man, mpans the competent authority in relation to such cornr"l9iri+ ^=teTrn^e'1 in aec-nrr^nre with the provisions of sub- section (2) and the rules made thereunder;

(b) "complaint" means a complaint alleging that a public man has, while holding any of the offices referred to in clause (h), com- mitted misconduct;

(e) "complaint"against a legislator" means a complaint alleg- ing misconduct by a person who, at the time of the alleged commis- sion of such misconduct was a Member of Parliament without being a member of the Council of Ministers for the Union or a Member of the Legislative Assembly of a State or a Union territory without being a member of the Council of Ministers for such State or Union territory.

(d) "corruption" means and includes—

(i) any act punishable under Chapter IX of the Indian

Penal Code or the Prevention of Corruption Act, 1947;

49 of I860. 2 el 1M7.

(ii) abetment of any of the acts mentioned in sub-clause

(Hi) intentional concealment, of acts mentioned in sub-

clauses (i) and (ii) by any other public man; and

(iv) any conduct which in the opinion of the Lokpal does not conform to the standards of fairness of integrity reasonably expected of the public man concerned in his character as a public man;

Explanation—Acts or conduct amounting to corruption shall be such whether committed before or after the coming into force of this Act.

(e) "Lokpal" means a person appointed under section 4 as the Lokpal and. where a Special Lokpal is appointed under section 8 for exercising iurisdiction in relation to any complaints or anv class, of complaints, includes for the purpose of such complaints or classes of complaints, such Special Lokpal;

(f) "misconduct" means misconduct (whether committed before

or after the commencement of this Act 6r within or outside India) of the nature specified in section 3;

(g) "prescribed" means prescribed by rules made under thla

Act;

(h) "public man" means a person who holds or has held the

office of—

(i) R mamb#r (including a tteputv Minister) of the Council

at Ministers for the tTnion;

(ii) a member 6f either Honso of Parliament;

(vfr 3 member fir-Hndinp n "Denutv Minister) of the Coun-

cil of MinistpvK for a Union territorv;

(iv) a member of the Legislative Assembly for any Union

territory;

(v) a memhnr nf the Executive Council under the Delhi

J9of ibee

Administration Act, 1966;

(in) the Mayor of a Municipal Corporation in any Union

territory;

(i) "public servant" shall have the same meaning as in section

48 ot 1880.

21 of the Indian Penal Code.

(2) The competent authority in relation to a complaint under this Act shall be determined in accordance with the provisions of the Table below with reference to the bffice held by the public man against whom such complaint is made at the time of commission of the mis- conduct alleged to have been committed by such public man:

Provided that where during the period in which any misconduct Is alleged to have been committed by a person in a complaint, and such public man holds different offices successively, the competent authority shall be determined with reference to the last office held by him during that period.

THE TABLE

Competent authority

SI, . office No.

The Speaker of the House of the 1. Prime Minister

People.

2. Any other Member (including a Deputy Minister) of the Coun- cil Of Ministers for the Union.

Joint Committee of the two Housea of Parliament entrusted with powers to make recommendations of penalties on similar other measures to the appropriate execu- tive authority.

3. Member of Parliament who is not a Member of the Council of Ministers for the Union.

The Chairman of the Council of States in the case of a Member of that Council and Speaker of the House of the People in the case of a Member of that House and, where the complaint is against such Speaker, the Deputy Speaker of the House of the People.

4. Chief Minister of & State or Union

territory.

Joint Committee of the two Housea of Legislature/legislative Assembly, as the case may be, with powers to make recommendations of penal- ties on similar other measures to the appropriate executive authority.

The Speaker of the Legislative Assem- bly and where the complaint 1B against such Speaker, the Deputy ' Speaker of the Legislative Asembly.

5. Member of the Legislative Assem- bly for any Union territory who is not a member of the Council of Ministers for the' Union terri- tory.

Such Authority as may be prescribed.

8. Any other office.

3. (1) A public man, other than a legislator, commits misconduct—

(a) if he is actuated in the discharge of his functions as such

public man by corrupt motives; or

Miscon- duct by a public man.

(b) if he abuses, or attempts to abuse, or knowingly allows to be abused, his position as such public man for securing for hlmoelf

or for any of his relatives or associates, directly or indirectly, ai valuable thing or pecuniary advantage; or

(c) if any act or omission by him constitutes corruption.

(2) A legislator commits misconduct if he abuses, or attempts

abuse, or knowingly allows to be abused, his position as such legislat for securing for himself or for any of his relatives or associates, direct or indirectly, any valuable thing or pecuniary advantage.

(3) A public man who abets, or conceals or attempts to concc from detection, t;.e commission of misconduct of the nature specifi in sub-section (2) or sub-section (2), also commits misconduct.

Explanation.—For the purposes of this section,—

(a) "associate" in relation to a public man includes any pers

in whom such public man is interested;

(b) "legislator" means a person who is Member of Parliame without being a member of the Council of Ministers for the Uni or a Member of the Legislative Assembly for a Union territo without being a member of the Council of Ministers for such Uni territory;

(c) a person shall be deemed to be relative of another if, a

only If,—

(a) they are member of a Hindu undivided family; or

(b) they are husband and wife; or

(c) the one is related to the other in the manner indical

below: —

1. Father.

2. Mother (including step-mother).

3. Son (including step-Bon).

4. Son's wife.

5. Daughter (including step-daughter).

6. Son's son.

7. Son's daughter.

8. Daughter's husband.

9. Daughter's son.

10. Brother (including step-brother).

11. Sister (including step-sister),

MACHINERY FOR INQUIRIES

4. (1) For the purpose of making inquiries in respect of complaints Appoint- ment of Lakpal, under this Act, the President shall, after consultation with the Chief Justice of India, the Chairman of the Council of States and the Sneaker

•f the House of the People, appoint, by warrant under his hand and leal, a person to be known as the Lokpal:

Provided that, before expressing his views, the Chairman of the Council of States or the Speaker of the House of the People may con- sult the leaders of the various Parties and Groups in the Council of States or, as the case may be, the House of the People.

(2) Every person appointed as the Lokpal shall, before entering upon his office, make and subscribe before the President, or some person, appointed in that behalf by the President, on oath or affirmation in the form set out in the Schedule.

Lokpal to be ineligible to hold other offices.

5. The Lokpal shall not be a Member of Parliament or a Member of the Legislature of any State and shall not hold any office of trust or profit (other than his office as Lokpal), or be connected with any politi- cal party, or carry on any business, or practise any profession, and accordingly, 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 any State, resign such membership; or

(b) if he holds any office of trust or profit, resign from such office; or

(c) if he is connected with any political party, sever his con- nection with it; or

(d) if he is carrying on any business, sever his connection (short of divesting himself of owner-ship) with the conduct and management of such business; or

(e) if he is practising any profession, cease to practise such profession.

6. (1) A person appointed as the Lokpal shall hold office for a term of five years from the date on which he enters upon his office:

Provided that—

(a) the Lokpal may, be writing under his hand addressed to the President, resign his office;

(b) the Lokpal may be removed from his office in the manner provided in section 7.

(2) On ceasing to hold office, the Lokpal shall be ineligible for further employment to any office of profit under the Government of India or the Government of a State.

(3) There shall be paid to the Lokpal In respect of time spent on

actual service salary at the rate of five thousand rupees per mensem:

Provided that if the Lokpal is, at the time of his appointment, in receipt of a pension (other than a disability pension) in respect of any previous service under the Government of India or under the Govern- ment of a State, his salary in respect of service as the Lokpal ahall bo reduced-^-

(a) by the amount of that pension; and

(b) if he has, before such appointment, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension; and

(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by equivalent of that gratuity.

(4) The Lokpal shall he entitled without payment of rent to the use

of an official residence.

(5) The allowances and pension payable to, and other conditions of service of, the Lokpal shall be such as may be determined by the Presi- dent having regard to the allowance and pension payable to, and other conditions of service of, the Chief Justice of India:

Provided that the allowances and pension payable to, and other conditions of service of, the Lokpal shall not be varied to his disad- vantage after his appointment.

Hemovil

of Lokptl.

7. (1) The Lokpal shall not be removed from his office except by an order of the President passed after an address by each House of Parlia- ment supported by a majority of the total membership of that House and 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 session for such removal on the ground of proved misbehaviour or incapacity.

51 of 1968.

(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-section (1) shall be as provided in the Judges (Inquiry) Act, 1968, in relation to the removal of a Judge and, accordingly, the provision of that Act shall, subject to necessary modifications, apply in relation to the removal of the Lokpal as they apply in relation to the removal of a Judge.

Special

Lokpals

8. (1) Notwithstanding anything contained In section 4, if the Presi- dent is satisfied on a report from the Lokpal that it is necessary so to do for the expeditious disposal of complaints under this Act, he may, after consultation with the Chief Justice of India, the Chairman of the Council of States and 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 or Special Lokpals for exercising jurisdiction in relation to such complaints or such classes of complaints under this Act as may he speci- fied in the warrant:

Provided that, before expressing his views, the Chairman of the Council of States or the Speaker of the House of the People may con- sult the leaders of the various Parties and Groups in the Council of States or, as the case may be, the House of the People.

(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 a Special Lokpal appointed for a term of less than five years shall be eligible for reappointment:

Provided that the total period for which a person may hold the office of Special Lokpai shall in no case exceed rive years,

(3) Save as otherwise expressly provided in this Act, the provisions of this Act relating to the Lokpai, including the provisions relating to Ihe oath or affirmation to be made by the Lokpai, the iuoligibility of the Lokpai to hold other offices, the conditions of service of the Lokpai and removal of the Lokpai, the functions, powers and duties of the Lokpai, shall apply in relation to a Special Lokpai as they apply in relation to the Lokpai but nothing in this sub-section shall be construed to enable a Special Lokpai to exercise jurisdiction in relation to any complaint or class of complaints not specified in the warrant by which he was appointed.

Staff of Lokpai.

0. (2) The Lokpai shall appoint a Secretary and such other officers and employees as may be prescribed to assist him in the discharge of his functions (including verification and inquiries in respect of complaints) under this Act.

(2) Without prejudice to the provisions of sub-section (1), the Lokpai may, for the purpose of dealing with any complaints or any classes of complaints, secure—

(i) the services of any officer or employee or investigating agency of the Central Government or a State Government with the concurrence of that Government; or

(ii) the services of any other person or agency.

(3) The terms and conditions of service of the officers and employees referred to in sub-section (1) and of the officers, employees, agencies and persons referred to in sub-section (2) (including such special conditions as may be considered necessary for enabling them to act without fear in the discharge of their functions) shall be such as may be prescribed in consultation with the Lokpai.

(4) In the discharge of their functions under this Act, the officers and employees referred, to in sub-section (2) and the officers, employees, agencies and persons referred to in sub-section (2) shall be subject to the exclusive administrative control and direction of the Lokpai-

(5) The officers and employees referred to in sub-section (/) and the officers, employees, agencies and persons referred to in sub-section (2) shall also assist the Special Lokpals (if any) in the discharge of their functions.

JURISDICTION AND PROCEDURE IN RESPECT OP INQUIRIES

Jurisdic- tion of I.okpa1.

10. (1) Subject to the other provisions of this Act, the Lokpai may inquire into any matter involved in, arising from, or connected with, any allegation of misconduct against a public man made in a complaint under this Act,

(2) The Lokpai may inquire into any act or conduct of any person other than a public man in so far as he considers it necessary so to do for the purpose of his inquiry into any allegation of misconduct agninst a public man:

Provided that the Lokpal shall give such person a reasonable oppor-

tunity of being heard and to produce evidence in his defence,

60 Of 1952.

(3) No matter in respect of which a complaint may be made under this Act shall be referred for inquiry under the Commission of Inquiry Act, 1952, except on the recommendation or with the concurrence of the Lokpal.

Matters not subject to juris- diction of LokpaJ.

11. (1) The Lokpal shall not. inquire into any matter concerning any person if he has any bias in respect of such matter or person and if any dispute arises in this behalf, the" President shall, on an application made by the party aggrieved obtainF in such manner as may be prescribed, the opinion of the Chief Justice of India and decide the dispute in con- formity with such opinion.

60 of 1952.

(2) The Lokpal shall not inquire into any matter which has been referred for inquiry unde^ the Commission of Inquiry Act, 1952, on his recommendation or with his prior concurrence.

(3) Thy Lnkual shall not inquire into any allegation of misvondU'U against a public man if the complaint in respect thereof is made after the expiry of five years from the date on which the misconduct is alleged to have been committed:

Provided that the Lokpal may entertain such a complaint if the complainant satisfies him that he had sufficient cause for not making the complaint within the said period of five years.

12. (7) Anv person other than a public servant may make a complaint

Tinder this Act to the Lokpal.

Explanation.- -For the purposes of this sub-section rmblic servant

means,--¹"

(a) anv porsor Mrho k a member of Defence service or of a nvil sRvvic.¹¹ of"the "UViirm nr a State or or an ^ill-India service nr holds a n v wt connected with Defence or any civilpost under the Union or a State;

1 of }956

(b) any person in fhe service or pn- of a local authority a co'TioratlnT established bv nr under n Central or Sta*e Act or a Government company, as defined in section 617 of the Companies Act, 1956.

(2) NoUviths+anrrn^ anything contained in sub-section (3), a com- plaint acn^nst- •••: Ip^islator shall be made to the competent authority Ch -f'--i3.fior in this section referred to as the appropriate authority) concerned and that authority may, having regard to the nature of the allegations' made in the- complaint, the provisions of article 105 of the Conirtitr'!'nn or, as the cr\$Q m?v ^e, section 16 of the Government of Union T s t o r i es Act. 1963. and all the circumstances of the case refer the com 'nint to the- Lokpal, or deal with, or r-^kp orders for dealing with, the complaint in such manner as that authority may deem fit.

'3) The complaint shill be in the prescribed form and shall set foTih particulars of the misconduct alleged and shall be aceommnied by an affidavit in support of the allegation of misconduct and the pprtfcii-

lars thereof and a certificate in the prescribed form in respect of th" deposit made under sub-section (4) or, if the complainant is unable to make the deposit, an application for exemption from the requirement as to such deposit.

(4) The complainant shall deposit in such manner and with such authority or agency as may be prescribed a sum of rupees one thousand to be available for disposal under section 25:

Provided that the Lokpal or, as the case may be, the appropriate authoritv may for sufficient cause to be recorded in writing exempt a complainant from the requirement of making the deposit under this sub- section.

(5) Notwithstanding anything contained in sub-sections (1), (2), (?) end (4) anv letter written to the Lokpal or, as the case may be, the appropriate authority by a person in any jail or other place of cu&tody or In anv asvlum or other place for insane persons may, if the Lokpal or, as the case m^y be, the appropriate authority is satisfied that it Is necessary so to do. be treated as a complaint made in accordance with the provisions of th's section.

(6) Notwithstanding anything contained in any other enactment, it shall be the duty of a police officer or other person In charge of any jail or other place of custody or of any asvlum or other place for insane persons to forward, without opening, any letter addressed to the Lokpal or the appropriate authority by a person imprisoned or detained In such jail, place of custody asvlum or other place, to the Lokpal or the appro- priate authority without delay.

IS. (1) If the LoVosl is satisfied, after considering a complaint and after making such ver'flcation as he deems appropriate,—

Prelimin- ary scrutiny of com- plaints by Lokpal.

(a) that the comnlaint is not mide w'thin the period of five years specified in sub-sertion O") of section 11 and that there is no sufficient cause for entertaining the complaint; or

(b) lhat he cannot make an inquiry In respect of the complaint by reason of the provisions of sub-section (1) or (2) of section 11; oi

(c) that the complaint is frivolous or vexatious or 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 reasons there- for and communicate the same to the complainant and to the competent authority concerned.

(2) The procedure for verification in respect of a complaint under sub-section (1) shall be sunh as the Loknal deems appropriate in flie circumstances of the case and in particular the Lokpal may, if he deems it necessary so to do, call for the comments of the public man concerned.

14. (7) If, after the consideration and verification under section 13 in respect of a complaint, the Lokpal process to conduct any inquiry, he—

(a) Fhfill forthwith forward a copy of the complaint to the com- Procedure in respect of in- quiries.

petent authority concerned;

(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 considers appropriate, forward a copy of the complaint to the public man concerned and afford him an opportunity to represent his case.

(2) Every such inquiry shall, unless the Lokpal, for reasons to be recorded in writing, determines otherwise, be conducted in camera:

Provided that an inquiry in respect of a complaint against a legis- lator shall be conducted only in camera.

(3) Save a^ aforesaid, the procedure for conducting any such inquiry shall be such as the Lokpal considers appropriate in the circumstances of the case-

Evidence.

15. (1) Subject to the provisions of this section, for the purpose of any inquiry (including the verification under section 13), the Lokpal—

(a) may require any public servant or any other person, who in his opinion is able to furnish information or produce documents re- levant to such inquiry, to furnish any such information or produce any such document;

(b) shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely: —

(?) summoning and enforcing the attendance of any person and examining him on oath;

(ii) requiring the discovery and production of any document;

(Hi) receiving evidence on affidavits;

(iv) requisitioning any public record or copy thereof from any court or office;

iv) Issuing commissions for the examination of witnesses or documents; and

(vi) such other matters as may be prescribed.

(2) A proceeding before the Lokpal shall be deemed to be a judicial proceeding within the meaning of section 193. of the Indian Penal Code. 45 of 1860.

(3) Subject 1o the provision's of sub-section (4),— • •

(a) no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to Govern- ment or any public servant, whethex 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- 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

BS is allowed by any enactment or by any provision of law whatever 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 any document—

(a) as might prejudice the security, or defence, or international relations, of India (including India's relations with the Government of any other country or with any international organisation), or the investigation or detection of crime; or

19 of 1060.

(b) as might involve the disclosure of proceedin-gs of the Cabinet of the Union Government or of the Cabinet of the Government of any State or Union territory of the Executive Council under the Delhi Administration Act. 1968, or of any Committee of such Cabinet or Executive Council;

and for the purpose of this sub-section, a certificate issued by a Secretary tn the Government certifying that anv information, answer, or portion of a document, is of the nature specified in clause ("*) and clause (b) shall be binding and conclusive:

Provided that the Lokpal may require any information or answer or portion of a document in respect of which a certificate is issued under this sub-section to the effect that it is of th? nature specified in clause (o) 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 shall declare the certificate to be of no effect.

Search and seizure.

lfi. (11 Tf the Lokpal ha? reason to believe that any documents whicK in his op'rpnn, 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 anv officer of an investigating agency referred to in sub- section (2) of section 9, to search for and to seize such documents.

(2) If the Loknal is satisfied that any document seized under sub- section (1) would be evidence for the purpose of anv 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:

Provided that where su^h document is seized before the commence- ment of such inaujry, the Lokpal shall return the 'document before- the expiration of a period of one year from t^e dqtp nn which it is "seized unless such inquiry has been commenced before such expiration.

Explanation.—*For the purposes of this sub-section an jnqviry In respect of a complaint—-

(n) sh^ii be rle-PTned +n h we ^ "n rnTiTVotM on the date on which the LoVpal closer the ci^e under section 17.

(3) The- provis'on^ nf tVie C<"He> of O i n r n a] Procedure. 1973, relat'n¹?

2 of 1974.

tn se^rchw shall, so far ns mav be. ^ptVv to searches under this section suhiect to the modification t h it sub sect"on (5) n* s^n^nn 165 of the s)rd CorTo shall have effect ?s if for th^ word "M^'stra+e", wherever it necu^, the words "Lokpal or any officer authorised by him" were sub- stituted.

17. (1) If, after inquiry in respect of a complaint the Lokpal is Reports.

satisfied,—

(a) that no allegation made in the complaint has been sub- stantiated either wholly or partly, he shall close the case and inti- mate the complainant, the public man and the competent authority concerned accordingly;

(b) that all or any of the allegations made in the complaint

have or has been substantiated either wholly or partly,

he shall, by report in writing, communicate his findings and recommenda- tions to the competent authority and intimate the complainant and the public man concerned about his having made the report.

(2) The competent authority shall examine the report forwarded to it under clause (b) of sub-section (1) and communicate to the Lokpal, within three months of the date of receipt of the report, the action taken or proposed to be taken on the basis of 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 subjection (1), he shall close the case and intimate the complainant, the public man and the competent authority concerned accordingly, but where he is not so satisfied and if he considers that the case so deserves he may make a special report upon the case to the President and intimate the com- plainant, the public man and the competent authority concerned about his having made such report.

(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, and in any case not later than ninety days from the receipt of a special report under sub-section (3), or the annual report under sub-section (4), the President shall cause the same together with an explanatory memorandum to be laid before each House of Parliament.

Explanation.—In computing the period of ninety days referred to In this sub-section, any period during which Parliament or, as the case may be, either House of Parliament, is not in session shall be excluded.

MISCELLANEOUS

18. The salaries, allowances and pensions payable to, or in respect or, the Lokpal and the Special Lokpals shall be expenditure charged on the Consolidated Fund of India.

Salary, allowances of Lok- pal, etc.

Secrecy of Infor- mation.

1 of i"i72

19. (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 for the purpose of, any verification or inquiry under this Act, and any evidence recorded or collected in connection therewith shall be treated as confidential and, notwithstanding anything contained in the India Evidence Act, 1872, no court shall be entitled to compel the Lokpal, or any such officer, employee, agency or person, to give evidence relating to such information or to produce the evidence so recorded or collected.

(2) Nothing in sub-section (1) shall apply to the disclosure of the

Information or evidence referred to therein--

(a) for the purposes of this Act or for the purposes of any action or proceedings to b<= 1nkon on any report unji r section 17; or

45 of 1860.

(b) for the purposes of any p/octsc¹- '.ugs, fee un offence of giving or fabricating false -evidence, under me Indian Penal Code; or

(c) for such other purposes as may bo prcsciib-.'d.

Penalty for dis-

20. (1) No complaint against a Legislator or any proceedings (whe- ther by way of verification, inquiry or otherwise) in respect of such complaint or any information in respect of such complaint or proceed- ings (including any evidence furnished, collected or recorded in rela- tion to such complaint or in the course of or So: the purpose of such proceedings) shall be disclosed or published by r^ny person-—

closure or publi- cation of informa- tion in respact of com- plaints against legisla- tors.

(a) where such complaint has been referred to the Lokpal under sub-section (2) of section 12, at any t'me bal'ore the dismissal of such complaint under sub-section (i) of section 13, or if the Lokpal conducts an inquiry into sucli cirnphvn; u:.'.:l'?v section 14 at any time before he closes the case under clauoo '•') of sub-section (1) of section 17 or, as the case may be, before he mates a report in respect of the case under clause (b) of thai, subsection;

(b) in any other case, before the competent authority concern- ed discloses or announces in the prescribe,:! manner the findings in respect of allegations made in such complaint;

Provided that nothing in this sub-^ccllon shall r.pply—

(i) to any disclosure for the purpose of this Act; or

(ii) to any disclosure or publication with respect to pro-

ceedings for any offence under this Act or any other law; or

(Hi) to any disclosure or publication, for such other pur- poses as may be approved by the competent authority concern- ed.

(2) Whoever contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to six months, or with fine, or with both.

(5) The provisions of this section shall have effect notwithstanding

anything in any other section of this Act or in any nthc> enactment,

21. (1) Whoever intentionally offers any insu]\ nv ranges any inter- ruption, to the Lokpal while the Lokpal is mating my ve'.ilicotion con- ducting any inquiry under this Act, shall be pun'sherl w'th simple Imprisonment for a term which may extend to six months, or with fine, or with both.

Inten- tional insult or interrup- tion to, or bringing into dii- rapute Lokpal.

(2) Whoever, by words spoken or intenaod to be read, makes cc publishes any statement, or does any other act, wineri is calcmawxl to bring Uie Lottpai into disrepute, shall be purusnod w.an ,>m|jie ixnprison- ment for a term which may extend to six moiwiy, or with une, or with 00 oh.

{j) The provisions of sub-section (2) of section 1U9 of Cue Code of 2 of 1974. Crim.uai j/ruceuurtiS, 1\JT6, snail appiy in luiai^ou. Lo wui OJJ.WI.IL; j unoer suu-tjeciioii (J-) or sub-section (Z) as uiey "jJfiy ±11 i~eiatiuu to

iicauOj.1 Uiuk iio cOiiipiaiiii, in respect ox sucii o±i^j.ii_t: aiiaii ue m^ue uy

the .Public ^^o^ecucor except Witn mo pj-'cviOiis btuicaoii, 01 uie ajo^pai.

Power of Lokpal to try certain offc nccs Summarily.

12. (i) If, at any stage oi a ijroceccling belore uiie Lokpal, it appears to the JLokpal that any person appearing in such proceeuiiigs nad Know- ingly or wiliuiiy given talse evidence or had iaoncatea iaise evidence with the intention that such evidence should be usea in aacn pioceeu±ng the Liolspai may, if satished that it is necessary and expeoteni in the inLereais 01 jua'uco tiiat tne .person. ,ii\ouid. be triea suromai-uy lor gj-vu^g or fabr.caung j..iue evidence, as the cti^o may, alter giving uie oneuder a reasonable oyponuniLy of showing cau^e w^iy ha unooia nou oe punish- ed lor sucn orience, try sucn oliender suiinriariiy, no far cia may oe, in aceoraaiice \j±ux tne pioceuure prescj-iDdd iox¹ buuiaiaj.y truua under the Coae oi L-niu^iiai iJj.oceuure, Ititd, and senteiice nun uo imprisonment ior

(if; When any such offence as is described in section ±'lo, section IViJ, section in, or suction ioU oj; tne Indian .fenai L-ode is coiunULiea in uie view ecuon, sentence die oilunder to simple imprisonment lor a tonn wnicli may extend to one month, or to fine which may exk;na to live nundied rupees or to both.