28. Insertion of new Chapters XIXA and XIXB in the Constitution

The following new Chapters are hereby inserted immediately after Chapter XIX and shall have effect as

Chapter XIXA and Chapter XIXB of the Constitution: -

“CHAPTER XIXA

COMMISSION TO INVESTIGATE ALLEGATIONS OF BRIBERY OR

CORRUPTION

156A. (1) Parliament shall by law provide for the establishment of a Commission to investigate allegations of bribery or corruption.

Such law shall provide for–

Commission to investigate bribery or corruption.

“Saving of existing rules and regulations.

the appointment of the members of the Commission by the

the powers of the Commission, including the power to direct the holding of a preliminary inquiry or the making of an investigation into an allegation of bribery or corruption, whether of its own motion or on a complaint made to it, and the power to institute prosecutions for offences under the law in force relating to bribery or corruption; and

measures to implement the United

Until Parliament so provides, the

There shall be a National

Every member of the Commission shall hold office for a period of three years from the date of appointment, unless such member earlier resigns from office by a writing addressed to the President or is removed from office by the President for causes assigned with the approval of the Constitutional Council or is convicted by a court of law for an offence involving moral turpitude or is elected as a

The Chairman and every member of the

It shall be the function of the

Without prejudice to the generality of paragraph (1), it shall be the function of the

monitor and report to the appropriate authorities, on whether all procurement of goods and services, works, consultancy services and information systems by government institutions are based on procurement plans prepared in accordance with previously approved action plans;

monitor and report to the appropriate authorities on whether all qualified bidders for the provision of goods and services, works, consultancy services and information systems by government institutions are afforded an equal opportunity to participate in the bidding process for the provision of those goods and services, works, consultancy services and information systems;

monitor and report to the appropriate authorities on whether the procedures for the selection of contractors, and the awarding of contracts for the provision of goods and services, works, consultancy services and information systems to government institutions, are fair and transparent;

report on whether members of Procurement Committees and Technical Evaluation

investigate reports of procurements made by government institutions outside established procedures and guidelines, and to report the officers responsible for such procurements to the relevant authorities for necessary action.

attend before the Commission, to be questioned by the

produce to the Commission, any document or thing in the possession or control of that person and specified in such

Every person who–

fails, without reasonable cause to appear before the Commission when required to do so by a

appears before the Commission in compliance with such a Notice, but refuses without reasonable cause, to answer any questions put to him by the Commission;

fails or refuses, without reasonable cause, to produce any document or thing which he was required to produce by a Notice sent to him under paragraph (1), commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.

Every High Court established under

The Commission shall meet as often as may be necessary for the discharge of its functions.

The Chairman shall preside at all meetings of the Commission. In the absence of the Chairman from any meeting of the

The quorum for any meeting of the

Decisions of the Commission shall be by the majority vote of the members present and voting at the meeting at which the decision is taken, and in the event of an equality of votes, the Chairman or member presiding at the meeting shall have a casting vote.

Subject to the preceding provisions of this Article, the Commission may determine the procedure with regard to its meetings and the transaction of business at such meetings.

The Commission shall have the power to act notwithstanding any vacancy in the membership of the Commission, and no act, proceeding or decision of the Commission shall be invalid or deemed to be invalid, by reason only of such vacancy or defect in the appointment of a member.

All members and officers of the

No suit, prosecution or other proceeding shall lie against any member or officer of the Commission for any act or thing which in good faith is done or purported to be done by him in the performance of his duties or the discharge of his functions, under the