Powers and Functions of Lokpal

 

1. Lokpal shall be responsible for receiving: 
• Complaints where there are allegations of such acts of omission or commission which are punishable under Prevention of Corruption Act
• Complaints where there are allegations of misconduct by a government servant
• Grievances
• Complaints from whistleblowers
2. Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of the following actions:
• Close the case if prima facie, the complaint is not made out or
• Initiate prosecution against public servants as well as those private entities which are party to the act
• Order imposition of appropriate penalties under CCS Conduct Rules Provided that if an officer is finally convicted under Prevention of Corruption Act, major penalty of dismissal shall be imposed on such government servant.
• Order cancellation or modification of a license or lease or permission or contract or agreement, which was the subject matter of investigation.
• Blacklist the concerned firm or company or contractor or any other entity involved in that act of corruption.
• Issue appropriate directions to appropriate authorities for redressal of grievance in such time and in such manner as is specified in the order.
• Invoke its powers under this Act if its orders are not duly complied with and ensure due compliance of its orders.
• Take necessary action to provide protection to a whistleblower as per various provisions of this Act.
3. Suo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses (1), (2), (3) or (4), comes to the knowledge of the Lokpal from any source.
4. Issue such directions, as are necessary, from time to time, to appropriate authorities so as to make such changes in their work practices, administration or other systems so as to reduce the scope and possibility for corruption, misconduct and public grievances.
5. Lokpal shall be deemed to be “Disciplinary authority” or “appointing authority” for the purpose of imposing penalties under CCS Conduct Rules.
6. Section 19 of Prevention of Corruption Act shall be deleted.
7. Section 197 of CrPC shall not apply to any proceedings under this Act. All permissions, which need to be sought for initiating investigations or for initiating prosecutions under any Act shall be deemed to have been granted once Lokpal grants such permissions.