REPORT NO. 77 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTAR Y 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 / Agrahayana1937 (Saka) 1 CS (P & L) - 153 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTAR Y 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 7 th December, 2015) (Laid on the Table of Lok Sabha on 7 th December, 2015) Rajya Sabha Secretariat, New Delhi December, 2015 / Agrahayana1937 (Saka) E-mail: [email protected] Website: http://rajyasabha.nic.in 2 C O N T E N T S PAGES 1. COMPOSITION OF THE COMMITTEE (I) - (II ) 2. INTRODUCTION (III ) - (V) 3. REPORT 1 - 22 4. RECOMMENDATIONS /O BSERVATIONS AT A GLANCE 23 - 30 * 5. RELEVANT MINUTES OF THE MEETINGS OF THE COMMITTEE ..... * 6. ANNEXURE (I) LOKPAL AND LOKAYUKTAS AND OTHER RELATED LAW (A MENDMENT ) BILL , 2014 (II ) LOKPAL AND LOKAYUKTAS ACT , 2013 * To be appended at printing stage. 3 COMPOSITION OF THE COMMITTEE (Constituted on 1 st September, 2014) 1. Dr. E.M. Sudarsana Natchiappan Chairman RAJYA SABHA 2. Ms. Anu Aga 3. Shri Majeed Memon 4. Shri Parimal Nathwani 5. Smt. 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 S. 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. 28. Shri Varaprasad Rao Velagapalli 29. Dr. Anshul Verma 30. #Shri Tariq Anwar 31. $Adv. Joice George * Nominated vice Shri Aayanur Manjunatha w.e.f. 30 th September, 2014. # Vacancy existing since the constitution of the Committee and filled-up on 11 th September, 2011. $ Change in the nomination of Shri Innocent w.e.f. 22 nd December, 2014. (i) 4 COMPOSITION OF THE COMMITTEE (Re-constituted on 1 st 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 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. Shri Varaprasad Rao Velagapalli 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 Smt. Niangkhannem Guite, Assistant Director * Resigned from Committee w.e.f. 9 th October, 2015. (ii) 5 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 18 th December, 2014 to the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on the 25 th December, 2014, for examination and report to Parliament within three months i.e. by the 24 th March, 2015. In order to solicit the views of stakeholders, the Committee issued a Press Communiqué on 7 th 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 8 th 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 Dr. Jayaprakash Narayan, General Secretary, Lok Satta on 26 th May, 2015. The Committee also 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 15 th April, 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 16 th 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 16 th 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 14 th 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. (iii) 6 8. The Committee during its local study-visit on 8 th April, 2015, visited the Central Vigilance Commission Headquarters in New Delhi, interacted with the Chief Vigilance Commissioner. The Committee, during its study visit from 14 th to 23 rd 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 4 th to 7 th 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 26 th November, 2015. 10. While considering the Bill, the Committee took note of the following documents/information placed before it:- (i) Background note on the Bill submitted by the Department of Personnel and Training; (ii) Views/suggestions contained in the memoranda received from various organisations/institutions/individuals/experts and recognized National and State Political Parties on the provisions of the Bill and the comments of the Department of Personnel and Training thereon; (iii) Comments of Department of Personnel and Training to the questionnaire made by the Secretariat; (iv) Replies of Public Sector Undertakings, Financial Institutions and Department of Personnel and Training to questions raised by Members of the Committee during its meetings and study-visits; (v) Views expressed during the oral evidence tendered before the Committee by various official and non-official witnesses; (vi) Views of Justice M.L. Tahaliyani, Lokayukta, Maharashtra; (vii) Representation of Peoples Act, 1951; (viii) The Salary and Allowances of Leader of Opposition in Parliament Act, 1977; (ix) Central Vigilance Commission Act, 2003; (iv) 7 (x) The Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004; (xi) All India Service (Conduct) Rules,1968; and (xii) Central Civil Service (Conduct) Rules, 1964. 11. The Committee considered and adopted its Report in its meeting held on the 3 rd December, 2015 and decided to present verbatim proceedings of the meetings held to examine the Bill. 12. For the facility of reference and convenience, the observations and recommendations of the Committee have been printed in bold letters in the body of the Report.