Delhi Janlokpal Bill 2015

7/23/2019 Delhi Janlokpal Bill 2015

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Bill No.16 of 2015

THE DELHI JANLOKPAL BILL, 2015

WHEREAS the Government is steadfastly committed to the

establishment of the National Capital Territory of Delhi as a Corr!ption

"ree #one$ and has made every effort to restore probity in p!blic life%

Be it enacted by the &e'islative (ssembly of the National Capital

Territory of Delhi in the )i*ty )i*th year of the +ep!blic of ,ndia as

follo-s/

Section 1 - Short tite, e!tent "n# co$$ence$ent

1 This (ct may be called the Delhi 3anlo4pal (ct 2015.

2 ,t e*tends to the -hole of the National Capital Territory of Delhi.

7 ,t shall come into force on s!ch date as the Government may

by notifications in the official Ga8ette appoint.

Section 2 - De%inition

,n this (ct !nless the conte*t other-ise re9!ires :

a alle'ation$ means an alle'ation of corr!ption as defined

in s!b/section c of )ection 2

b Chief ;inister$ means the Chief ;inister of Delhi

appointed !nder cla!se 5 of (rticle 27< (( of the

Constit!tion%

c corr!ption$ incl!des anythin' made p!nishable !nder

Chapter ,= of the ,ndian >enal Code 1?60 or !nder the

>revention of Corr!ption (ct 1


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e Government$ means the Government of the National

Capital Territory of Delhi.

f &e'islative (ssembly$ means the &e'islative (ssembly of

the National Capital Territory of Delhi%

' &ie!tenant Governor$ means the &ie!tenant Governor of

the National Capital Territory of Delhi appointed by the

>resident !nder (rticle 27< of the Constit!tion and -ho shall

act in accordance -ith the aid and advice of the Co!ncil of

;inisters%

h 3anlo4pal$ means the body appointed !nder )ection 7

and shall incl!de reference to any ;ember thereof%

i% >rescribed$ means prescribed !nder the r!les made

!nder this (ct%

@ r!le$ means a r!le made !nder this (ct%

4 )pecial Co!rt$ means the co!rt of a )pecial 3!d'e

appointed !nder section 11G

l -histleblo-er$ means any person -ho provides fact!al

information -ith s!bstance abo!t corr!ption to a p!blic

a!thority in a case of corr!ption before the 3anlo4pal or any

other person -ho/

&i' faces threat of professional harm incl!din' b!t not

limited to ille'itimate transfer denial of promotion

denial of appropriate per9!isites departmental

proceedin's discrimination% or

&ii' faces threat of physical harm to himself or herself or

his or her family ;embers% or

&iii' is act!ally s!b@ected to any harm%

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beca!se of ma4in' a complaint to the 3anlo4pal !nder this

(ct.

Section ( - A))oint$ent o% J"no*)"

1 "or the p!rpose of cond!ctin' investi'ations and in9!iries in

accordance -ith the provisions of this (ct the &ie!tenant Governor

shall appoint a three member body havin' one Chairperson and

t-o ;embers to be 4no-n as the 3anlo4pal.

>rovided that :

a the Chairperson and members of the 3an lo4pal

shall be appointed on the basis of the recommendation

of a )election Committee consistin' of/

i The Chief 3!stice of the Ai'h Co!rt : Chairperson.

ii The Chief ;inister of Delhi : member.

iii The &eader of the pposition in the &e'islative(ssembly and if there is no s!ch leader a person

selected in this behalf by the ;embers of the

pposition in that Ao!se in s!ch manner as the

)pea4er may direct / member.

&i+' The )pea4er of the &e'islative (ssembly : member

b No appointment of the Chairperson or a member ofthe 3anlo4pal shall be invalid merely by reason of any

vacancy in the )election Committee.

c The )election Committee shall re'!late its o-n

proced!re for selectin' the ;embers of the 3anlo4pal.

d The recommendation of the )election Committee

shall be bindin' on the &ie!tenant Governor -ho shall

ma4e the concerned appointment to the 3anlo4pal no

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later than thirty days from the date of receipt of the

recommendation of the )election Committee.

2 ( person shall not be 9!alified for appointment as :

a as Chairperson of the 3anlo4pal !nless he is or has been

a @!d'e of the )!preme Co!rt or Chief 3!stice of any Ai'h

Co!rt in ,ndia or a 3!d'e of a Ai'h Co!rt.

b a ;ember !nless s!ch person is a person of eminence

havin' obtained distinction special 4no-led'e and e*pertise

in p!blic administration finance or investi'ation.

7 very person appointed as a Chairperson or a ;ember of the

3anlo4pal shall before enterin' !pon his office ma4e and

s!bscribe before the &ie!tenant Governor or some person

appointed in that behalf by him an oath or affirmation in the form

as prescribed by the Government !nder the +!les.

Section J"no*)" to ho# no other o%%ice

The Chairman or member of the 3anlo4pal shall not be a member

of >arliament or a member of the &e'islative of any )tate or nion

Territory and shall not hold any other office of profit and shall not

be connected -ith any political party or be carryin' on any

b!siness or practice any profession% and accordin'ly before heenters !pon his office a person appointed as the Chairman or a

;ember of the 3anlo4pal shall :

a if he is a member of >arliament or of the &e'islative of

any )tate or nion Territory resi'n s!ch membership% or

b if he holds any office of profit resi'n from s!ch office% or

c% if he is connected -ith any political party severe his

connection -ith it% or

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d if he is carryin' on any b!siness severe his connection

short of divestin' himself of o-nership -ith the cond!ct and

mana'ement of s!ch b!siness% or

e if he is practicin' any profession s!spend practice ofs!ch profession.

Section 5 - D.r"tion o% o%%ice "n# other con#ition/ o% /er+ice o%J"no*)"

1 very person appointed as Chairperson or ;ember of

3anlo4pal shall hold office for a term of five years from the date on

-hich he enters !pon his office and not be eli'ible for re/appointment thereafter

>rovided that/

a Chairperson or ;ember of 3anlo4pal may by

-ritin' !nder his hand addressed to the &ie!tenant

Governor resi'n his office and s!ch resi'nation shall

be effective as soon as it is accepted by the &ie!tenant

Governor%

b Chairperson or ;ember of the 3anlo4pal may be

removed from his office in the manner specified in

)ection 6.

2 ,n the event of occ!rrence of any vacancy in the office of the

Chairperson of the 3anlo4pal by reason of his death resi'nation

removal or other-ise the &ie!tenant Governor may by order

direct that the senior most of the ;embers not-ithstandin'

anythin' contained in cla!se a of s!b/section 2 of )ection 7

shall act as the Chairperson of the 3anlo4pal !ntil the ne-

Chairperson of the 3anlo4pal appointed in accordance -ith the

provisions of this (ct to fill s!ch vacancy enters !pon his office.

7 Ehen the Chairman of 3anlo4pal is !nable to dischar'e his

f!nctions o-in' to absence illness or any other ca!se the senior/most member of the 3anlo4pal or if there are more than one then

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s!ch one of them as the &ie!tenant Governor may by order direct

shall not-ithstandin' anythin' contained in cla!se a of s!b/

section 2 of )ection 7 dischar'e his f!nctions !ntil the date the

Chairman of 3anlo4pal res!mes his d!ties.

F The ;ember of the 3anlo4pal shall d!rin' and in respect of the

period -hile he is so actin' as or dischar'in' the f!nctions of

Chairman of 3anlo4pal have all the po-ers and imm!nities of the

Chairman of 3anlo4pal and be entitled to salary allo-ances and

per9!isites as are specified in the +!les in relation to Chairman of

3anlo4pal.

5 ( vacancy occ!rrin' in the office of the 3anlo4pal by reason of

his death resi'nation removal or other-ise shall be filled in assoon as possible b!t not later then si* months from the date of

occ!rrence of s!ch vacancy.

6 n ceasin' to hold office the 3anlo4pal shall be ineli'ible for

f!rther appointment in any employment !nder Government of Delhi

or G, or for any employment !nder any s!ch Government

Company local a!thority corporation !nder the administrative

control of the Government of Delhi or G, or )tat!tory

Commissions set !p by the Government of Delhi or G,.

>rovided ho-ever that !pon completion of one term as a

Chairperson or member of the 3anlo4pal s!ch person shall be

entitled to be considered for one additional term as either a

Chairperson or as a ;ember of the 3anlo4pal.

The salaries allo-ances and pension payable to and other

conditions of service of Chairperson and ;embers of the

3anlo4pal shall be s!ch as may be prescribed%

>rovided that/

a in prescribin' the allo-ances and pension payable

to and other conditions of service of Chairperson of

the 3anlo4pal re'ard shall be had to the allo-ances

and pensions payable to and other conditions of

service of Chief 3!stice or a 3!d'e of a )!preme Co!rt

or Ai'h Co!rt as the case may be%

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b in prescribin' the allo-ances and pension payable

to and other conditions of service of ;embers of the

3anlo4pal re'ard shall be had to the allo-ances and

pension payable to and other conditions of service of a

District 3!d'e in Delhi or a )ecretary to the

Government or a 3oint )ecretary to the Government of

,ndia as the case may be%

>rovided f!rther that the allo-ances and pension

payable to and other conditions of service of the

Chairperson or ;embers of the 3anlo4pal shall not be

varied to his disadvanta'e after his appointment.

Section - Re$o+" o% h"ir)er/on or e$3er/ o% the J"no*)"

1 The Chairperson or a ;ember of the 3anlo4pal shall not be removedfrom his office e*cept by an order of the &ie!tenant Governor passedafter an address by the &e'islative (ssembly s!pported by a ma@ority ofthe total membership of the le'islative (ssembly and by a ma@ority notless than t-o thirds of the members thereof present and votin' has beenpresented to the &ie!tenant Governor in the same session for s!chremoval on the 'ro!nd of proved misbehavior or incapacity.

2 The proced!re for the presentation of an address and for the

investi'ation and proof of the misbehavior or incapacity of the

Chairperson or a ;ember of the 3anlo4pal !nder s!b/section 1

shall be as prescribed in the +!les.

Section 4 - "tter hich $"6 3e in7.ire# into 36 J"no*)"

)!b@ect to the provisions of this (ct on receivin' complaints from theGovernment or from members of the p!blic or s!o mot! the3anlo4pal may proceed to in9!ire or investi'ate into the alle'ation ofcorr!ption occ!rrin' in the National Capital Territory of Delhi.

>rovided that no in9!iry shall be instit!ted on 'ro!nds of technical or

proced!ral lapses in acts performed by p!blic servants in 'ood faithd!rin' the co!rse of their official d!ties !nless there is malafide.

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Section 8 - "tter not /.39ect to in7.ir6

The 3anlo4pal shall not in9!ire into any matter :

i -hich has been referred for in9!iry !nder the

Commissions of ,n9!iry (ct 1al and &o4 (y!4tas (ct

2017 1 of 201F

Section : - Pro+i/ion/ re"tin; to co$)"int/

1 very complaint shall be made in s!ch form and in s!ch

manner as may be prescribed by the 3anlo4pal.

2 very person -ho -illf!lly or malicio!sly ma4es any false

complaint !nder this (ct shall on conviction be p!nished -ithri'oro!s imprisonment -hich may e*tend to one year or -ith fine

-hich may e*tend to one la4h r!pees or -ith both.

>rovided that no co!rt shall ta4e co'ni8ance of an offence

p!nishable !nder this section e*cept on a complaint made by

or !nder the a!thority of the 3anlo4pal as the case may be%

>rovided f!rther that a decision of the 3anlo4pal not to ta4e

action on any complaint or fail!re to prove complaint d!e tolac4 of evidence shall not by itself tantamo!nt to s!ch

complaint bein' deemed to be -illf!lly or malicio!sly false.

Section 10 - In+e/ti;"tion "n# Pro/ec.tion )oer/ o% theJ"no*)"roced!re 1


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ordinarily the investi'ation shall be completed -ithin a period note*ceedin' t-elve months.


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b s!ch person is acc!sed of havin' committed an offence relatin' tocorr!ption% andc s!ch proceeds of offence are li4ely to be concealed transferred ordealt -ith in any manner -hich may res!lt in fr!stratin' any proceedin's

relatin' to confiscation of s!ch proceeds of offence the 3anlo4pal mayby order in -ritin' provisionally attach s!ch property for a period note*ceedin' ninety days from the date of the order in the manner providedin the )econd )ched!le to the ,ncome Ta* (ct 1


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attachment of the property till completion in )pecial Co!rt of theproceedin's a'ainst the person -hose property is so attached.

2 The )pecial Co!rt before -hom s!ch an application is made may if

it is of the opinion that the property provisionally attached had beenac9!ired thro!'h corr!pt means ma4e an order for confirmation ofattachment of s!ch property till the completion of the proceedin's inco!rt a'ainst the person -hose property is confiscated.7 ,f the person -hose property is confiscated is s!bse9!ently ac9!ittedof the char'es framed a'ainst him the property s!b@ect to the orders ofthe Co!rt shall be restored to the concerned person alon' -ith benefitsfrom s!ch property as mi'ht have accr!ed d!rin' the period of

attachment.F ,f the person -hose property is attached is s!bse9!ently convicted ofany offence the proceeds relatable to the offence !nder the >reventionof Corr!ption (ct 1


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2 Ehere an order of confiscation made !nder s!bsection 1 ismodified or ann!lled by the Ai'h Co!rt or -here the person-hose property is confiscated is ac9!itted by the Co!rt theassets proceeds receipts and benefits confiscated !nder

s!bsection 1 shall be ret!rned to s!ch person and in case it isnot possible for any reason to ret!rn the assets proceedsreceipts and benefits s!ch person shall be paid the price thereofincl!din' the money so confiscated -ith interest at the rate of fiveper cent per ann!m thereon calc!lated from the date ofconfiscation.

Section 15 - Poer o% J"no*)" to reco$$en# tr"n/%er or/./)en/ion o% ).3ic /er+"nt connecte# ith "e;"tion o%corr.)tionrevention of Corr!ption (ct 1


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F The special 3!d'e of )pecial Co!rts set !p to hear cases !nder this(ct -ill deal only -ith cases !nder this (ct and the >revention ofCorr!ption (ct 1


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as may be prescribed by the Government in cons!ltation -ith the

Comptroller and (!ditor/General of ,ndia.

2 The acco!nts of the 3anlo4pal shall be a!dited by the Comptroller

and (!ditor General of ,ndia at s!ch intervals as may be specified byhim.

7 The Comptroller and (!ditor/General of ,ndia or any person

appointed by him in connection -ith the a!dit of the acco!nts of the

3anlo4pal !nder this (ct shall have the same ri'hts privile'es and

a!thority in connection -ith s!ch a!dit as the Comptroller and (!ditor/

General of ,ndia 'enerally has in connection -hit the a!dit of the

Government acco!nts and in partic!lar shall have the ri'ht to demand

the prod!ction of boo4s acco!nts connected vo!chers and otherdoc!ments and papers and to inspect any of the offices of the 3anlo4pal.

FThe acco!nts of the 3anlo4pal as certified by the Comptroller and

(!ditor/ General of ,ndia or any other person appointed by him in this

behalf to'ether -ith the a!dit report thereon shall be for-arded

ann!ally to the Government and the Government shall ca!se the same

to be laid before the &e'islative (ssembly of Delhi.

2( - Pro)ert6 /t"te$ent/ o% P.3ic /er+"nt/revention of Corr!ption (ct 1


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2 ,f s!ch statement is not s!bmitted by the p!blic servant by

71st3an!ary of that year payment of his pay and salary shall be stopped

by the p!blic a!thority -ith immediate effect till the statement is filed.

7 The Aead of each p!blic a!thority or s!ch other a!thority as may beprescribed shall ens!re that all s!ch statements are p!t on its -ebsite by

end of "ebr!ary of that year.

F ,f it is fo!nd that the p!blic servant o-ns some property -hich -as

not disclosed in his statement of assets that property may be ordered to

be confiscated by the 3anlo4pal after affordin' a reasonable opport!nity

of hearin' to s!ch p!blic servant.

2 - B"r on re-"))oint$ent o% ).3ic /er+"nt/ "n#tr"n/)"renc6 in contr"ct/ etc

No p!blic servant for a period of t-o years immediately after he ceases

to be s!ch p!blic servant shall be eli'ible to ta4e !p any employment

assi'nment cons!ltancy etc. -ith or for any person private company orfirm or p!blic private partnership or private or'ani8ation -ith -hich he

had s!bstantially dealt -ith in his official capacity d!rin' the last period

of five years immediately before he ceased to be the p!blic servant.

>rovided that if there is a conf!sion -hether a Government servant can

ta4e !p a @ob 3anlo4pals decision shall be final.

Section 25 Protection o% "ction/ t"*en 36 J"no*)"

1 No s!it prosec!tion or other le'al proceedin' shall be a'ainst

the 3anlo4pal or a'ainst any member of the staff of the office of the

3anlo4pal in respect of anythin' -hich is done or intended to be

done in 'ood faith !nder this (ct.

2 )ave and other-ise provided in this (ct no proceedin's

decision order or any report of the 3anlo4pal as the case may be

incl!din' any recommendation made there !nder shall be liable to

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be challen'ed revie-ed 9!ashed modified or called in 9!estion

in any manner -hatsoever in any co!rt or trib!nal.

Section 2 - Protection %or Whi/te-3oer/

1 (ny p!blic official or any other person havin' information re'ardin'corr!ption in any p!blic a!thority -o!ld be enco!ra'ed to send theinformation confidentially to the 3anlo4pal and 3anlo4pal may 'et anin9!iry cond!cted into s!ch information and if necessary order aninvesti'ation in the matter !nder this (ct.

2 The 3anlo4pal may iss!e necessary orders to provide f!ll protection

to -histle blo-ers from any threat of physical harm or administrativeharassment and identity of s!ch -histle blo-ers shall be 4ept strictlyconfidential and protected if the -histle blo-er so desires.

7 ,t shall be competent for the 3anlo4pal to 'ive s!itable directions tothe Government or any other p!blic a!thority for providin' sec!rity tos!ch -histle blo-er and to ens!re that no harassment is ca!sed to s!ch-histle blo-er.

F ,f the 3anlo4pal is satisfied !pon in9!iry or investi'ation that thecomplaint of the -histle blo-er is 'en!ine in addition to criminal actionas may be ta4en !nder this (ct a'ainst s!ch person involved either inthe act of corr!ption or in the harassment of s!ch -histle blo-er it -o!ldalso be open to the 3anlo4pal to recommend disciplinary action a'ainsts!ch person.$

Section 24 - J"no*)" to $"*e /.;;e/tion/

The 3anlo4pal if in the dischar'e of his f!nctions !nder this (ctnotices a practice or proced!re -hich in his opinion affords an

opport!nity for corr!ption or mal administration he may brin' to

the notice of the Government and may s!''est s!ch improvement

in the said practice or proced!re as he may deem fit.

>rovided that d!rin' any investi'ation !nder this (ct the

3anlo4pal is satisfied that any preventive action is necessary

in p!blic interest to prevent the on'oin' incident of corr!ption itmay ma4e any recommendation to the p!blic a!thority concerned

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to stay the implementation or enforcement of any decision or ta4e

any s!ch corrective action as is recommended by the 3anlo4pal.

>rovided f!rther that the p!blic a!thority shall either comply -ith

the recommendation of the 3anlo4pal or re@ect the same forreasons to be recorded in -ritin' -ithin thirty days of the

recommendation thereof failin' -hich the recommendation so

made shall be deemed to have been accepted and -o!ld have to

be enforced.

Section 28 - >or the re$o+" o% #o.3t/

"or the removal of do!bts it is hereby declared that nothin'in this (ct shall be constr!ed to bar the Delhi 3anlo4pal from

contin!in' to in9!ire into an alle'ation a'ainst any person in

respect of -hom an investi'ation or in9!iry into the very

same alle'ation is s!bse9!ently initiated by the &o4pal

constit!ted !nder The &o4pal and &o4ay!4tas (ct 2017 1 of

201F.

2: - Pro+i/ion/ o% thi/ Act to h"+e "n o+erri#in; e%%ect-

Not-ithstandin' anythin' contained in any other la- theprovisions of this (ct shall have an overridin' effect.

Section (0 - Poer/ to $"*e R.e/

1 The Government may by notification in the official Ga8ette and

s!b@ect to the condition of previo!s p!blication ma4e r!les for

carryin' o!t the p!rposes of this (ct.

2 ,n partic!lar and -itho!t pre@!dice to the 'enerality of the

fore'oin' po-er s!ch r!les may provide for all or any of the

follo-in' matters namely/

a the proceedin's of the )election Committee constit!ted

!nder )ection 7%

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b the allo-ances and pension payable to and other conditions

of service of the Chairperson and ;embers of the 3anlo4pal

appointed !nder )ection 7%

c the method and manner of recr!itment or en'a'ement of3anlo4pal ,nvesti'ation fficers !nder )ection 10%

d the format and forms for complaints transmission of

re9!ests ret!rns and information%

e the manner of sendin' the order of attachment alon' -ith the

material to the )pecial Co!rt !nder s!b/section 1 of )ection 17%

f the method and manner of constit!tion of the )pecial

Co!rts constit!ted !nder )ection 1? and the terms and conditions

of service of the )pecial 3!d'es en'a'ed for s!ch )pecial Co!rts.

' the form of maintainin' the acco!nts and other relevant

records and the form of ann!al statement of acco!nts !nder

)ection 22%

h the form of ann!al ret!rn to be filed by a p!blic servant

!nder )ection 27%

i any other matter -hich is to be or may be prescribed in

respect of -hich this (ct ma4es no provision or ma4es ins!fficient

provision and provision is in the opinion of the Government

necessary for the proper implementation of this (ct.

7 very r!le made !nder this (ct and every order iss!ed !nder

section 21 shall be laid as soon as may be after it is made or

iss!ed before the &e'islative (ssembly -hile it is in session for a

total period of thirty days -hich may be comprised in one sessionor in t-o or more s!ccessive sessions and if before the e*piry of

the session immediately follo-in' the session or the s!ccessive

sessions aforesaid the Ao!se a'rees in ma4in' any modification

in the r!le or order or the Ao!se a'rees that the r!le or order

sho!ld not be made or iss!ed the r!le or order shall thereafter

have effect only in s!ch modified form or be of no effect as the

case may be% so ho-ever that any s!ch modification or

ann!lment shall be -itho!t pre@!dice to the validity of anythin'previo!sly done !nder that r!le or order.

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Section (1 - Poer o% ?o+ern$ent to re$o+e #i%%ic.tie/

,f any diffic!lty arises in 'ivin' effect to the provisions of this (ct

the Government may by order as occasion re9!ires do anythin'

-hich appears to it to be necessary for the p!rpose of removin'

the diffic!lty%

>rovided that no s!ch order shall be made after the

e*piration of t-o years from the date of the commencement

of this (ct.

Section (2 Tr"n/ition" Pro+i/ion/

(ny person -ho has been appointed as &o4ay!4ta before the comin'

into force of the Delhi 3anlo4pal (ct 2015 and -ho had been

f!nctionin' as &o4ay!4ta on the date of the comin' into force of the

Delhi 3anlo4pal (ct 2015 shall be deemed to have been appointed as

the Chairman of the 3anlo4pal !nder this (ct and shall have all the

po-ers f!nctions and responsibilities of the Chairman of 3anlo4pal thathave been laid do-n in this (ct.

Section 33 - Repeal of Act 1 of 1996

The Delhi &o4ay!4ta and palo4ay!4ta (ct 1


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EORAND@ RE?ARDIN? DELE?ATED LE?ISLATION

Delhi 3an &o4pal Bill 2015$ confers on the Government

the po-er to ma4e r!les to carry o!t the ob@ectives of the Bill.

The matters in respect of -hich r!les may be made are

matters of administrative detail and proced!res and as s!ch the

dele'ation of le'islative po-er is of a normal character.

(Manish Sisodia)Minister-in-charge

(Administrative Reforms)

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Delhi Janlokpal Bill 2015

Documents

Transcript of Delhi Janlokpal Bill 2015