Draft Jan Lokpal Bill -part 7
23. Staff of Lokpal, etc.- (1) There shall be such officers and employees as may be prescribed to assist the Lokpal in the discharge of their functions under this Act.
(2) The number and categories of officers and employees shall be decided by the Lokpal.
(3) 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 by Lokpal.Provided that no official, whose integrity is in doubt, shall be considered for being posted in Lokpal. Provided further that all officers and employees, who work in Lokpal on deputation or otherwise shall be eligible for the same terms and conditions as prescribed under this clause.
(4) Without prejudice to the provisions of sub-section (1), the Lokpal may for the purpose of conducting investigations under this Act utilize the services of.-
(a) any officer or investigating agency of the Central Government; or
(b) any officer or investigating agency of any other Government with the prior concurrence of that Government; or
(c) any person, including private persons, or any other agency.
(5) The officers and other employees referred to in sub-section (1) shall be under the administrative and disciplinary control of the Lokpal:
(6) Lokpal shall have the powers to choose its own officials. Lokpal may enlist officials on deputation from other government agencies for a fixed 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 fixed tenure basis.
(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 Government, as are decided by the Lokpal from time to time, in consultation with the Prime Minister, so as to attract honest and efficient people to work in Lokpal.
(8) Lokpal shall be competent to increase or decrease its staff at various levels, within its overall budgetary constraints, depending upon its workload and keeping in mind the terms and conditions of the staff employed.
24. Repeal and savings – (1) The Central Vigilance Commission Act shall stand repealed.
(2) Notwithstanding 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.
(3) All enquiries and investigations and other disciplinary proceedings pending before the Central Vigilance Commission and which have not been disposed of, shall stand transferred to and be continued by the Lokpal as if they were commenced before him under this Act.
(4) Notwithstanding anything contained in any Act, the posts of the Secretary and other Officers and Employees of the Central Vigilance Commission are hereby abolished and they are hereby appointed as the Secretary and other officers and employees of the Lokpal. The salaries, allowances and other terms and conditions of services of the said Secretary, 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.
(5) All vigilance administration under the control of all Departments of Central Government, Ministries of the Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government shall stand transferred, alongwith its personnel, assets and liabilities to Lokpal for all purposes.
(6) The personnel working in vigilance wings of the agencies mentioned in sub-section (5) shall be deemed to be on deputation to Lokpal for a period of five years from the date they are transferred to Lokpal. However, Lokpal may decide to repatriate any one of them anytime.
(7) That Department from where any personnel have been transferred to Lokpal under sub-section (5), shall cease to have any control over the administration and functions of transferred personnel.
(8) Lokpal 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.
(9) No person shall be employed with Lokpal against whom any vigilance enquiry or any criminal case is pending at the time of being considered.
25. Investigation Wing of Lokpal: (1) There shall be an investigation wing at Lokpal.
(2) Notwithstanding anything contained in section 17 of Prevention of Corruption Act, such officers of Investigation wing, upto the level as decided by Lokpal, shall have, in relation to the investigation and arrest of persons throughout India, in connection with investigation of complaints under this Act, all the powers, duties, privileges and liabilities which members of Delhi Special Police Establishment have in connection with the investigation of offences committed therein.
(3) That part of Delhi Special Police Establishment, in so far as it relates to investigation and prosecution of offences alleged to have been committed under the Prevention of Corruption Act, 1988, shall stand transferred, alongwith its employees, assets and liabilities to Lokpal for all purposes.
(4) That part of Delhi Special Police Establishment, which has been transferred under sub-section (3), shall form part of Investigation Wing of Lokpal.
(5) The Central Government shall cease to have any control over the transferred part and its personnel.
(6) The salaries, allowances and other terms and conditions of services of the personnel transferred under sub-section (3) 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 Delhi Special Police Establishment, which has been transferred under sub-section (3), shall stand transferred to Lokpal.
(8) After completion of investigation in any case, the investigation wing shall present the case to an appropriate bench of Lokpal, which shall decide whether to grant permission for prosecution or not.
25A. Prosecution wing: There shall be a prosecution wing of Lokpal. After completion of its investigations, the investigation wing shall forward the case to prosecution wing, which shall decide whether to proceed with prosecution or not.
Provided that in certain category of cases, as prescribed by Lokpal, the permission to prosecute or deny shall be taken by a bench of Lokpal.
Provided further that the prosecution wing shall decide whether to prosecute or not within a fortnight of receipt of a case from investigation wing, else prosecution wing shall be deemed to have decided to initiate prosecution.
26. Complaints against officers or employees of Lokpal: (1) Complaints against employees or officers of Lokpal shall be dealt with separately and as per provisions of this section.
(2) Such complaint could relate to an allegation of an offence punishable under Prevention of Corruption Act or a misconduct or a dishonest enquiry or investigation.
(3) As soon as such a complaint is received, the same shall be displayed on the website of Lokpal, alongwith the contents of the complaint.
Provided that if the complainant so desires, his identity shall be protected.
(4) Investigations into each such complaint shall be completed within a month of its receipt.
(5) In addition to examining the allegations against the said official, the allegations shall especially be examined against sections 107, 166, 167, 177, 182, 191, 192, 196, 199, 200, 201, 202, 204, 217, 218, 219, 463, 464, 468, 469, 470, 471, 474 of Indian Penal Code.
(6) If, during the course of investigations, it is felt that the charges are likely to be sustained, such officer shall be divested of all his responsibilities and powers and shall be placed under suspension.
(7) If after completion of enquiry or investigations, it is decided to prosecute that person under Prevention of Corruption Act, 1988 or he is held guilty of any misconduct or of conducting dishonest enquiry or investigations, then that person shall not work with Lokpal anymore. Lokpal shall either dismiss that person from the job, if that person is in the employment of Lokpal, or shall repatriate him, if he is on deputation, with a recommendation for his removal.
Provided that no order under this clause shall be passed without giving reasonable opportunity of being heard to the accused person.
Provided further that order under this clause shall be passed within 15 days of completion of investigations.
(8) A three member bench shall hear the cases of complaints against its staff and employees. However, for officers of the level of Chief Vigilance Officer or above, the hearings shall be done by full bench of Lokpal.
(9) Lokpal shall take all steps to ensure that all enquiries and investigations on complaints against its own staff and officials are conducted in most transparent and honest manner.
(3) 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 by Lokpal.Provided that no official, whose integrity is in doubt, shall be considered for being posted in Lokpal. Provided further that all officers and employees, who work in Lokpal on deputation or otherwise shall be eligible for the same terms and conditions as prescribed under this clause.
(4) Without prejudice to the provisions of sub-section (1), the Lokpal may for the purpose of conducting investigations under this Act utilize the services of.-
(a) any officer or investigating agency of the Central Government; or
(b) any officer or investigating agency of any other Government with the prior concurrence of that Government; or
(c) any person, including private persons, or any other agency.
(5) The officers and other employees referred to in sub-section (1) shall be under the administrative and disciplinary control of the Lokpal:
(6) Lokpal shall have the powers to choose its own officials. Lokpal may enlist officials on deputation from other government agencies for a fixed 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 fixed tenure basis.
(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 Government, as are decided by the Lokpal from time to time, in consultation with the Prime Minister, so as to attract honest and efficient people to work in Lokpal.
(8) Lokpal shall be competent to increase or decrease its staff at various levels, within its overall budgetary constraints, depending upon its workload and keeping in mind the terms and conditions of the staff employed.
24. Repeal and savings – (1) The Central Vigilance Commission Act shall stand repealed.
(2) Notwithstanding 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.
(3) All enquiries and investigations and other disciplinary proceedings pending before the Central Vigilance Commission and which have not been disposed of, shall stand transferred to and be continued by the Lokpal as if they were commenced before him under this Act.
(4) Notwithstanding anything contained in any Act, the posts of the Secretary and other Officers and Employees of the Central Vigilance Commission are hereby abolished and they are hereby appointed as the Secretary and other officers and employees of the Lokpal. The salaries, allowances and other terms and conditions of services of the said Secretary, 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.
(5) All vigilance administration under the control of all Departments of Central Government, Ministries of the Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government shall stand transferred, alongwith its personnel, assets and liabilities to Lokpal for all purposes.
(6) The personnel working in vigilance wings of the agencies mentioned in sub-section (5) shall be deemed to be on deputation to Lokpal for a period of five years from the date they are transferred to Lokpal. However, Lokpal may decide to repatriate any one of them anytime.
(7) That Department from where any personnel have been transferred to Lokpal under sub-section (5), shall cease to have any control over the administration and functions of transferred personnel.
(8) Lokpal 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.
(9) No person shall be employed with Lokpal against whom any vigilance enquiry or any criminal case is pending at the time of being considered.
25. Investigation Wing of Lokpal: (1) There shall be an investigation wing at Lokpal.
(2) Notwithstanding anything contained in section 17 of Prevention of Corruption Act, such officers of Investigation wing, upto the level as decided by Lokpal, shall have, in relation to the investigation and arrest of persons throughout India, in connection with investigation of complaints under this Act, all the powers, duties, privileges and liabilities which members of Delhi Special Police Establishment have in connection with the investigation of offences committed therein.
(3) That part of Delhi Special Police Establishment, in so far as it relates to investigation and prosecution of offences alleged to have been committed under the Prevention of Corruption Act, 1988, shall stand transferred, alongwith its employees, assets and liabilities to Lokpal for all purposes.
(4) That part of Delhi Special Police Establishment, which has been transferred under sub-section (3), shall form part of Investigation Wing of Lokpal.
(5) The Central Government shall cease to have any control over the transferred part and its personnel.
(6) The salaries, allowances and other terms and conditions of services of the personnel transferred under sub-section (3) 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 Delhi Special Police Establishment, which has been transferred under sub-section (3), shall stand transferred to Lokpal.
(8) After completion of investigation in any case, the investigation wing shall present the case to an appropriate bench of Lokpal, which shall decide whether to grant permission for prosecution or not.
25A. Prosecution wing: There shall be a prosecution wing of Lokpal. After completion of its investigations, the investigation wing shall forward the case to prosecution wing, which shall decide whether to proceed with prosecution or not.
Provided that in certain category of cases, as prescribed by Lokpal, the permission to prosecute or deny shall be taken by a bench of Lokpal.
Provided further that the prosecution wing shall decide whether to prosecute or not within a fortnight of receipt of a case from investigation wing, else prosecution wing shall be deemed to have decided to initiate prosecution.
26. Complaints against officers or employees of Lokpal: (1) Complaints against employees or officers of Lokpal shall be dealt with separately and as per provisions of this section.
(2) Such complaint could relate to an allegation of an offence punishable under Prevention of Corruption Act or a misconduct or a dishonest enquiry or investigation.
(3) As soon as such a complaint is received, the same shall be displayed on the website of Lokpal, alongwith the contents of the complaint.
Provided that if the complainant so desires, his identity shall be protected.
(4) Investigations into each such complaint shall be completed within a month of its receipt.
(5) In addition to examining the allegations against the said official, the allegations shall especially be examined against sections 107, 166, 167, 177, 182, 191, 192, 196, 199, 200, 201, 202, 204, 217, 218, 219, 463, 464, 468, 469, 470, 471, 474 of Indian Penal Code.
(6) If, during the course of investigations, it is felt that the charges are likely to be sustained, such officer shall be divested of all his responsibilities and powers and shall be placed under suspension.
(7) If after completion of enquiry or investigations, it is decided to prosecute that person under Prevention of Corruption Act, 1988 or he is held guilty of any misconduct or of conducting dishonest enquiry or investigations, then that person shall not work with Lokpal anymore. Lokpal shall either dismiss that person from the job, if that person is in the employment of Lokpal, or shall repatriate him, if he is on deputation, with a recommendation for his removal.
Provided that no order under this clause shall be passed without giving reasonable opportunity of being heard to the accused person.
Provided further that order under this clause shall be passed within 15 days of completion of investigations.
(8) A three member bench shall hear the cases of complaints against its staff and employees. However, for officers of the level of Chief Vigilance Officer or above, the hearings shall be done by full bench of Lokpal.
(9) Lokpal shall take all steps to ensure that all enquiries and investigations on complaints against its own staff and officials are conducted in most transparent and honest manner.
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