Miscellaneous

Removal of difficulties

Notwithstanding anything contained in this Act, the President, in  consultation with Lokpal or on request of Lokpal may, by order, make such provision -

• for bringing the provisions of this Act into effective operation;
• for continuing the enquiries and investigations pending before the Central Vigilance Commission by the Lokpal.

Power to make regulations: Lokpal shall have power to make its own regulations for the smooth functioning of the institution and to effectively implement various provisions of this Act.

This Act shall override the provisions of all other laws.

Power to make Rules

1. The Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act. Provided that such rules shall be made only in consultation and with the approval of Lokpal.
2. In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for .-
• the allowance and pensions payable to and other conditions of service of the Chairperson and members of Lokpal;
• the powers of a Civil Court which may be exercised by the Lokpal under clause (h) of sub-section (2) of section 11;
• the salary, allowances, recruitment and other conditions of service of the staff and employees of the Lokpal;
• any other matter for which rules have to be made are necessary under this Act.
3. Any rule made under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a Statement laid before both Houses of the Parliament.

Preventive measures by Lokpal

Preventive measures: 

1. Lokpal shall, at regular intervals, either study itself or cause to be studied the functioning of all public authorities falling within its jurisdiction and in consultation with respective public authority, issue such directions as it deems fit to prevent incidence of corruption in future.
2. Lokpal shall also be responsible for creating awareness about this Act and involving general public in curbing corruption and maladministration.

Penalty for false complaint

1. Notwithstanding anything contained in this Act, if someone makes any false or frivolous complaint under this Act, Lokpal may impose such fines on that complainant as it deems fit. Provided that no fine can be imposed without giving a reasonable opportunity of being heard.
2. Such fines shall be recoverable as dues under Land Revenue Act.
3. A complaint or allegation once made under this Act shall not be allowed to be withdrawn.

Time limits

1. Preliminary enquiry under sub-section (1) of section 9 of this Act should be completed within a month of receipt of complaint. Provided that the enquiry officer shall be liable for an explanation if the enquiry is not completed within this time limit.
2. Investigation into any allegation shall be completed within six months, and in any case, not more than one year, from the date of receipt of complaint. 
3. Trial in any case filed by Lokpal should be completed within one year. Adjournments should be granted in rarest circumstances.

Power to delegate and assign functions

1. Lokpal shall be competent to delegate its powers and  assign functions to the officials working in Lokpal.
2. All functions carried out and powers exercised by such officials shall be deemed to have been so done by the Lokpal.Provided that the following functions shall be performed by the benches and cannot be delegated:
• Granting permission to initiate prosecution in any case.
• Order for dismissal of any government servant under CCS Conduct Rules.
• Passing orders under section 10 on complaints against officials and staff of Lokpal.
• Pass orders in cases of complaints, other than grievances, against officers of the level of Joint Secretary and above.

Public Servants to submit property statements

1. Every public servant, other than those mentioned in Section 2(11)(a) to (c), shall within three months after the commencement of this Act and thereafter before the 30th June of every year submit to the head of that public authority, in the form prescribed by Lokpal, a statement of his assets and liabilities and those of the members of his family. Public servants mentioned in sections 2(11)(a) to (c) shall submit their returns in a format prescribed by the Lokpal to the Lokpal with the aforesaid time lines.
2. The Head of each public authority shall ensure that all such statements are put on the website by 31st August of that year.
3. If no such statement is received by the Head of that public authority from any such public servant within the time specified in sub-section (1), the Head of that public authority shall direct the concerned public servant to do so immediately. If within next one month, the public servant concerned does not submit such statement, the Head shall stop the salary and allowances of that public servant till he submits such statement. Explanation- In this section “family of a public servant” means the spouse and such children and parents of the public servant as are dependent on him.
4. The Lokpal may initiate prosecution against such public servant under Section 176 IPC.
5. If any public servant furnishes any statement, which is subsequently found to be incorrect, then Lokpal, in addition to taking action against the said public servant under other sections of this Act, may also impose a penalty upto a maximum of 50% of the value of the additional property subsequently detected. Lokpal shall also intimate such information to the Income Tax Department for appropriate action.