- 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 his opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such document.
- 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 respectof the following matters, namely:-
- Summoning and enforcing the attendance of any person and examining him on oath;
- Requiring the discovery and production of any document;
- Receiving evidence on affidavits;
- Requisitioning any public record or copy thereof from any court or office ;
- Issuing commissions for the examination of witnesses or documents ;
- ordering payment of compensatory cost in respect of a false or vexatious claim or defence;
- ordering cost for causing delay;
- Such other matters as may be prescribed.
- 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.
Reports of Lokpal, etc.
- The Chairperson of Lokpal shall present annually a consolidated report in prescribed format on its performance to the President.
- 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.
- 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.
Lokpal to be a deemed police officer:
- 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.
- 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.
Powers in case of non-compliance of orders:
- Each order of 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.
- If the order is not complied with within the time or in the manner directed, Lokpal may decide to impose a fine on the officials responsible for the non-compliance of its orders.
- 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.
- 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.
Special Judges under section 4 of Prevention of Corruption Act:
On an annual basis, Lokpal shall make an assessment of the number of Special Judges required under section 4 of Prevention of Corruption Act 1988 in each area and the Government shall appoint such number of Judges within three months of receipt of such recommendation.
Provided that Lokpal shall recommend such number of Special Judges so that trial in each case under this Act is completed within a year.
Provided that Lokpal shall recommend such number of Special Judges so that trial in each case under this Act is completed within a year.
Issue of Letter Rogatory:
A bench of Lokpal shall have powers to issue Letters Rogatory in any case pending with Lokpal.
No comments:
Post a Comment
Please comment about only content of this page only.