The main provisions of The Lokpal and Lokayukta Bill, as passed by the Rajya Sabha on Tuesday, are as follows:
Lokayuktas:
States to set up Lokayuktas by a law within 365 days. States have the freedom to determine the nature and type of Lokayukta.
Penalty:
False and frivolous complaints - imprisonment upto one year and a fine of upto one lakh rupees. Public servants- imprisonment upto seven years. Criminal misconduct and habitually abetting corruption- jail term upto ten years.
Jurisdiction:
The Prime Minister, Ministers, Current and former MPs and MLAs, Government Employees, Employees of Companies funded or controlled by the Central Government. Societies and trusts that collect public money, receive funding from foreign sources, and have an income level above a certain threshold.
Excluded:
Bodies creating endowments for or performing religious or charitable functions are excluded from the purview of the Lokpal.
Investigation:
Inquiry to be completed within 60 days and investigation to be completed within 6 months. Lokpal shall order an investigation only after hearing the public servant. Inquiry against the PM has to be held in-camera and approved by 2/3rd of the full bench of the Lokpal
CBI:
Lokpal to have superintendence over CBI in relation to Lokpal referred cases.
CBI officers investigating cases referred by the Lokpal can be transferred without the approval of the Lokpal.
Prosecution:
Lokpal can initiate prosecution through its Prosecution Wing before the Special Court. Trial to be completed within two years.
Funding:
All expenses to be charged to the Consolidated Fund of India (Funds available to the Lokpal will not be dependent on the annual budget voted by Lok Sabha).
