REPORT NO. 77 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE SEVENTY-SEVENTH REPORT The Lokpal and Lokayuktas and Other Related Law (Amendment) Bill, 2014 (Presented to the Rajya Sabha on 7th December, 2015) (Laid on the Table of Lok Sabha on 7th December, 2015) Rajya Sabha Secretariat, New Delhi December, 2015/Agrahayana, 1937 (Saka) Hindi version of this publication is also available CS (P & L) - 153 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE SEVENTY-SEVENTH REPORT The Lokpal and Lokayuktas and Other Related Law (Amendment) Bill, 2014 (Presented to the Rajya Sabha on 7th December, 2015) (Laid on the Table of Lok Sabha on 7th December, 2015) Rajya Sabha Secretariat, New Delhi December, 2015/Agrahayana, 1937 (Saka) Website : http://rajyasabha.nic.in E-mail : [email protected] CONTENTS PAGES 1. COMPOSITION OF THE COMMITTEE ....................................................................................... (i)-(iv) 2. INTRODUCTION ...................................................................................................................... (v)-(vii) 3. ACRONYMS ............................................................................................................................ (viii) 4. REPORT ................................................................................................................................. 1-23 5. RECOMMENDATIONS/OBSERVATIONS – AT A GLANCE ............................................................ 24-31 6. MINUTES ............................................................................................................................... 33-58 7. ANNEXURES........................................................................................................................... 59-112 (I) Lokpal And Lokayuktas And Other Related Law (Amendment) Bill, 2014 ............................................................................................... 61-73 (II) Lokpal And Lokayuktas Act, 2013 .............................................................................. 74-112 COMPOSITION OF THE COMMITTEE (Constituted on 1st September, 2014) 1. Dr. E.M. Sudarsana Natchiappan — Chairman RAJYA SABHA 2. Ms. Anu Aga 3. Shri Majeed Memon 4. Shri Parimal Nathwani 5. Shrimati Rajani Patil 6. Shri Sukhendu Sekhar Roy 7. Shri Ramchandra Prasad Singh 8. Dr. Abhishek Manu Singhvi 9. Shri K.T.S. Tulsi *10. Shri Bhupender Yadav LOK SABHA 11. Shri Suvendu Adhikari 12. Shri Subrata Bakshi 13. Adv. Sharad Bansode 14. Shri P.P. Chaudhary 15. Shri Abu Hasem Khan Chowdhury 16. Choudhary Mehboob Ali Kaiser 17. Shri Shanta Kumar 18. Shri Santosh Kumar 19. Shri Bhagwant Mann 20. Shri Anoop Mishra 21. Shri B.V. Naik 22. Shri Vincent H. Palla 23. Shri V. Panneerselvam 24. Shri Vithalbhai Hansrajbhai Radadiya 25. Dr. A. Sampath 26. Shri Bharat Singh 27. Shri Udhayakumar M. * Nominated vice Shri Aayanur Manjunatha w.e.f. 30th September, 2014. (i) (ii) 28. Dr. Varaprasad Rao Velagapalli 29. Dr. Anshul Verma #30. Shri Tariq Anwar $31. Adv. Joice George SECRETARIAT Dr. D.B. Singh, Secretary Shri K.P. Singh, Joint Secretary Shri Ashok K. Sahoo, Joint Director Shrimati Niangkhannem Guite, Assistant Director # Vacancy existing since the constitution of the Committee and filled-up on 11th September, 2011. $ Change in the nomination of Shri Innocent w.e.f. 22nd December, 2014. COMPOSITION OF THE COMMITTEE (Re-constituted on 1st September, 2015) 1. Dr. E.M. Sudarsana Natchiappan — Chairman RAJYA SABHA 2. Ms. Anu Aga 3. Shri Majeed Memon 4. Shri Parimal Nathwani 5. Shrimati Rajani Patil 6. Shri Sukhendu Sekhar Roy 7. Shri Ramchandra Prasad Singh 8. Dr. Abhishek Manu Singhvi 9. Shri K.T.S. Tulsi 10. Shri Bhupender Yadav LOK SABHA 11. Shri Suvendu Adhikari 12. Shri Tariq Anwar 13. Shri Subrata Bakshi 14. Adv. Sharad Bansode 15. Shri P. P. Chaudhary 16. Shri A.H. Khan Choudhary 17. Adv. Joice George 18. Choudhary Mehboob Ali Kaiser 19. Shri Santosh Kumar 20. Shri S. Bhagwant Mann 21. Shri Anoop Mishra 22. Shri B.V. Nayak 23. Shri Vincent H. Pala 24. Shri Vittalbhai Hansrajbhai Radadiya 25. Shri V. Panneer Selvam 26. Dr. A. Sampath 27. Shri Bharat Singh 28. Shri M. Udhayakumar 29. Dr. Varaprasad Rao Velagapalli (iii) (iv) 30. Dr. Anshul Verma *31. Shri Shanta Kumar SECRETARIAT Dr. D.B. Singh, Secretary Shri K.P. Singh, Joint Secretary Shri Ashok K. Sahoo, Joint Director Shrimati Niangkhannem Guite, Assistant Director * Resigned from Committee w.e.f. 9th October, 2015. INTRODUCTION I, Chairman of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, having been authorised by the Committee on its behalf, do hereby present the Seventy-Seventh Report on the Lokpal and Lokayuktas and Other Related Law (Amendment) Bill, 2014. 2. In pursuance of the Rules relating to the Department-related Parliamentary Standing Committees, the Hon'ble Chairman, Rajya Sabha referred the Lokpal and Lokayuktas and Other Related Law (Amendment) Bill, 2014 (Annexure-I), as introduced in the Lok Sabha on the 18th December, 2014 to the Department- related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on the 25th December, 2014, for examination and report to Parliament within three months i.e. by the 24th March, 2015. In order to solicit the views of stakeholders, the Committee issued a Press Communiqué on 7th January, 2015. In response thereto the Committee received several memoranda containing suggestions from various organizations/individuals/experts. Comments of the Department of Personnel and Training on the views/suggestions so received, were placed for the consideration of the Committee. 3. The Committee heard the views of Secretary, Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions and Director, Central Bureau of Investigation during its meeting held on 8th January, 2015. The Committee then heard the views of Secretary, Central Vigilance Commission and Director of Prosecution of Central Bureau of Investigation during the meeting held on 3rd March, 2015. 4. The Committee heard the views of Shri Ashok Kapur, Director, Institute of Directors; Professor, K Elumalai, Director, School of Law, Indira Gandhi National Open University; Smt. Anjali Bhardwaj and Shri Nikhil Dey of National Campaign for Peoples' Right to Information and Ms. Guninder Gill during its meeting held on the 15th April, 2015. The Committee also heard Dr. Jayaprakash Narayan, General Secretary, Lok Satta on 26th May, 2015. 5. The Committee again heard the Secretary, Department of Personnel and Training and Director, Central Bureau of Investigation; Chairperson, Central Board of Direct Taxes; Secretary, Central Vigilance Commission and Director, Enforcement Directorate on 16th July, 2015. 6. The Committee wrote to all the recognised National and State Political Parties to hear their views on the Bill and particularly on Clause 6. The Committee received written views from Bharatiya Janata Party, Communist Party of India, Shiromani Akali Dal, YSR Congress Party, All India Trinamool Congress, All India Anna Dravida Munnetra Kazhagam, Indian National Lok Dal and Aam Aadmi Party. All India Anna Dravida Munnetra Kazhagam, All India Trinamool Congress and Indian National Lok Dal presented their views on the Bill during its sittings held on 14th October and 16th November, 2015. 7. The Committee also heard the views of Indian Revenue Service Association, Indian Civil Accounts Service Association, Confederation of Central Government Gazetted Officers' Organisations and Confederation of Civil Service Association during the meeting held on 14th October, 2015. It has received written views of Central Secretariat Non-gazetted Employees Union, Central Secretariat Service Group A Officers Association and Central Secretariat (Promotee) Assistants' Association. (v) (vi) 8. The Committee during its local study-visit on 8th April, 2015, visited the Central Vigilance Commission Headquarters in New Delhi, interacted with the Chief Vigilance Commissioner. The Committee, during its study visit from 14th to 23rd June, 2015 to Kolkata, Mumbai, Hyderabad, Tirupati and Chennai, interacted with management together with Chief Vigilance Officers (CVOs) of Steel Authority of India Limited (SAIL), Allahabad Bank, UCO Bank, Balmer Lawrie & Company, Oil and Natural Gas Corporation (ONGC), Union Bank of India, Shipping Corporation of India (SCI), Life Insurance Corporation, New India Assurance Company Ltd., Central Bank of India, State Bank of Hyderabad (SBH), National Mineral Development Corporation (NMDC), Bharat Dynamics Limited (BDL), Electronics Corporation of India Limited (ECIL), Mishra Dhatu Nigam Limited (MIDHANI), Andhra Bank, National Atmospheric Research Laboratory (NARL), Chennai Petroleum Corporation Limited (CPCL), Hindustan Petroleum Corporation Limited (HPCL), Bank of Baroda and Madras Fertilisers Limited. It also heard views of Defence Research and Development Organization (DRDO), Bharat Heavy Electrical Limited (BHEL) and THDC India Limited during its study- visit to Dehradun, Mussoorie and Haridwar on 4th to 7th November, 2015. 9. The Committee had final consultation with Department of Personnel and Training, Legislative Department and Department of Legal Affairs on certain issues connected with the provisions of the Bill and the Lokpal and Lokayuktas Act, 2013 on the 26th November,