Political Career for indian Youth- Draft Jan lokpal -Part 3

Draft Jan lokpal -Part 3

9. Issue of Search Warrant, etc.- (1) Where, in consequence of information in his possession, the Lokpal
(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 inquiry or other proceeding to be conducted by him;
(ii) is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery 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 requires such disclosure to be made; or
(b) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection,
It may by a search warrant authorize any Police officer not below the rank of an Inspector of Police 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, jewellery or other valuable article or thing is kept;
(ii) search any person who is reasonably suspected of concealing about his person any article for which search should be made;
(iii) break open the lock of any door, box, locker safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available.
Seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search;
(iv) place marks of identification on any property or document or make or cause to be made; extracts or copies therefrom; or
(v) make a note or an inventory of any such property, document, money, bullion, Jewellery or other valuable article or thing.
(2) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, so far as may be, to searches and seizures under sub-section (1).
(3) A warrant issued under sub-section (1) shall for all purposes, be deemed to be a warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.

10. Evidence - (1) Subject to the provisions of this section, for the purpose of any investigation (including the preliminary inquiry, if any, before such investigation) under this Act, the Lokpal may require any public servant or any other person who, in its opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such document.

(2) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal 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:-
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any court or office ;
(e) Issuing commissions for the examination of witnesses or documents ;
(f) ordering payment of compensatory cost in respect of a false or vexatious claim or defence;
(g) ordering cost for causing delay;
(h) Such other matters as may be prescribed.
(3) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding with in the meaning of section 193 of the Indian Penal Code.

11. Reports of Lokpal, etc. (1) The Chairperson of Lokpal shall present annually a consolidated report in prescribed format on its performance to the President.

(2) On receipt of the annual report, the President shall cause a copy thereof together with an explanatory memorandum to be laid before each House of the Parliament.
(3) The Lokpal shall publish every month on its website the list of cases disposed with brief details of each such case, outcome and action taken or proposed to be taken in that case. It shall also publish lists of all cases received by the Lokpal during the previous month, cases disposed and cases which are pending.

12. Lokpal to be a deemed police officer: (1) For the purposes of section 36 of Criminal Procedure Code, the Chairperson, members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers.

(2) While investigating any offence under Prevention of Corruption Act 1988, they shall be competent to investigate any offence under any other law in the same case.

13. Powers in case of non-compliance of orders: (1) Each order of the Lokpal shall clearly specify the names of the officials who are required to execute that order, the manner in which it should be executed and the time period within which that order should be complied with.

(2) If the order is not complied with within the time or in the manner directed, the Lokpal may decide to impose a fine on the officials responsible for the non-compliance of its orders.
(3) The Drawing and Disbursing Officer of that Department shall be directed to deduct such amount of fine as is clearly specified by the Lokpal in its order made in sub-section (2) from the salaries of the officers specified in the order.
Provided that no penalty shall be imposed without giving a reasonable opportunity of being heard.
Provided that if the Drawing and Disbursing Officer fails to deduct the salary as specified in the said order, he shall make himself liable for a similar penalty.
(4) In order to get its orders complied with, the Lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokpal.

13A. Special Judges under section 4 of Prevention of Corruption Act: (1) On an annual basis, the Lokpal shall make an assessment of the number of Special Judges required under section 4 of the Prevention of Corruption Act 1988 in each area and the Government shall appoint such number of Judges within three months of the receipt of such recommendation.

Provided that the Lokpal shall recommend such number of Special Judges so that trial in each case under this Act is completed within a year.
(2) Before making any fresh appointments, the Government shall consult the Lokpal on the procedure to be followed in selection to ensure the integrity of the candidates selected. The Government shall implement such recommendations.

13B. Issue of Letter Rogatory: A bench of the Lokpal shall have powers to issue Letters Rogatory in any case pending with the Lokpal.

13C. Powers under Indian Telegraph Act: An appropriate bench of Lokpal shall be deemed to be designated authority under section 5 of Indian Telegraph Act. Such bench would be empowered to approve interception and monitoring of messages of data or voice transmitted through telephones, internet or any other medium as covered under India Telegraph Act, read with Information and Technology Act 2000 and as per rules and provisions made under Indian telegraph Act 1885.

Functioning of Lokpal

14. Functioning of Lokpal: (1) The Chairperson shall be responsible for the overall administration and supervision of the institution of Lokpal.

(2) All policy level decisions including formulation of regulations, developing internal systems for the functioning of Lokpal, assigning functions to various officials in Lokpal, delegation of powers to various functionaries in Lokpal etc shall be taken by the Chairperson and the members collectively as a body.
(3) The Chairperson shall have an annual meeting with the Prime Minister to assess the needs of Lokpal for finances and manpower. Lokpal shall be provided resources by the Government on the basis of outcome of this meeting.
(3A) The expenditure so decided shall be charged to Consolidated Fund of India.
(3B) The Chairperson and its members of Lokpal shall take all steps to ensure the integrity of its employees and integrity of all enquiries and investigations. For this purpose, they shall be competent to make rules, prescribe work norms, prescribe procedures for swift and effective punishment against inefficient and corrupt employees and take any other step as they deem fit.
(3C) The Chairperson and members of Lokpal shall be responsible for and shall be competent to take all steps to ensure that the time limits provided in this Act are adhered to strictly.
(4) Lokpal shall function in benches of three or more members. Benches shall be constituted randomly and cases shall be assigned to them randomly by computer. Each bench shall consist of at least one member with legal background.
(5) Such benches shall be responsible for
(i) granting permission to initiate prosecution in certain category of cases.
(ii) Hearing cases of complaints against its own staff.
(iii) Appeals in such cases of investigation or vigilance, which are closed by officials of Lokpal and which are of such categories as are prescribed by Lokpal from time to time.
(iv) Such other orders as may be decided by Lokpal from time to time.
Provided that the full bench of Lokpal may lay down norms as to which category of cases will be dealt by the benches of members and which cases would be decided at the levels of Chief Vigilance officers or Vigilance Officers. The norms could be based on loss caused to the government and/or impact on public and/or the status of the accused.
(6) The Lokpal may decide to initiate investigations into any case suo motu.
(7) The decision to initiate investigation or prosecution against any member of the Cabinet shall be taken by full bench of Lokpal.
(8) Certain matters, as provided under this Act shall be dealt by the full bench of Lokpal, which shall consist of at least seven members.
(9) Minutes and records of meetings of Lokpal shall be made public.