Jan Lok Pal Bill (Anti Corruption Bill)

Topics: Supreme Court of the United States, Pleading, Member of Parliament Pages: 33 (12215 words) Published: April 18, 2011
Jan Lokpal Bill version 2.1

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 Jan Lokpal Act, 2010. (2) It shall come into force on the one hundred and twentieth day of its enactment.

2. Definitions:- In this Act, unless the context otherwise requires,-

(1)“Action” means any action taken 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 expressions relating to such action shall be construed accordingly; (2)“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

(3)“complaint” includes any grievance or allegation or a request by whistleblower for protection and appropriate action. (4)“corruption” includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1988; Provided 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. (5)“Government” or “Central Government” means Government of India. (6)“Government Servant” means any person who is or was any time appointed to a civil service or post in connection with the affairs of the Central Government or High Courts or Supreme Court either on deputation or permanent or temporary or on contractual employment but would not include the judges. (7)“grievance” means a claim by a person that he sustained injustice or undue hardship in consequence of mal-administration; (8)“Lokpal” means

a.Benches constituted under this Act and performing their functions as laid down under various provisions of this Act; or b.Any officer or employee, exercising its powers and carrying out its functions and responsibilities, in the manner and to the extent, assigned to it under this Act, or under various rules, regulations or orders made under various provisions of this Act. c.For all other purposes, the Chairperson and members acting collectively as a body; (9)“Mal-administration” means action taken or purporting to have been taken in the exercise of administrative function in any case where,- a.such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or b.there has been willful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay; (9A) “Minor penalty” and Major penalty” shall mean the same as defined in CCS Conduct Rules. (10)“Misconduct” means misconduct as defined in relevant Conduct Rules and which has vigilance angle. (11)"public authority" means any authority or body or institution of self- government established or constituted— a.by or under the Constitution;

b.by any other law made by Parliament;
c.by notification issued or order made by the Government, and includes any body owned, controlled or substantially financed by the Government; (12)“Public servant” means a person who is or was at any time,- (a) the Prime Minister;

(b) a Minister;
(c) a Member of Parliament;
(d) Judges of High Courts and Supreme Courts;
(e) a Government servant;
(f)the Chairman or Vice-Chairman (by whatever name called) or a member of a local authority in the control of the Central Government or a statutory body or corporation established by or under any law of the Parliament of India, including a co-operative society, or a Government...
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