Professional Documents
Culture Documents
The Disclosure of Lobbying Activities Bill, 2015
The Disclosure of Lobbying Activities Bill, 2015
BILL
to set up an Authority for registration of lobbyists; to provide for disclosure of lobbying
activities that influence legislative and executive decision-making in order to increase
transparency in governance and for matters connected therewith.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Disclosure of Lobbying Activities Act, 2015. Short title,
extent and
5 (2) It extends to the whole of India. commencement.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette appoint; and different dates may be appointed for different provisions
of this Act and any reference in such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
2
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) "Authority" means the Lobbyists Registration Authority constituted under
section 3;
(b) "client" means any person or an organisation that employs another person
or organisation for financial or other benefits to conduct lobbying activities on its 5
behalf;
(c) "communication with a public servant" means an oral or written or electronic
communication with any public servant;
(d) "consultant lobbyist" means any person or an organization that conducts
lobbying activity on behalf of a third party client, in return for financial or any other 10
form of benefit;
(e) "employee" means any person who is an officer or a partner or a director or a
manager of a lobbying organisation;
(f) "lobbying activity" means an act of communication with and payment to a
public servant with the aim of influencing— 15
(i) introduction, passing or defeat of a Bill or any amendment thereto in
either House of Parliament or legislature of a State;
(ii) formulation, modification, implementation or termination of any
Government policy or programme;
(iii) awarding of a grant, loan, licence, contract, permit or allocation of 20
funds to an individual or an organisation;
(iv) decision of a public servant to transfer an asset, business or institution
that currently produces goods and services for the public, to a private person or
to a privately-owned organisation; and
(v) nomination or promotion of any person for a position in public office; 25
but does not include a communication that is—
(a) made by a person or a media organisation with the aim of
disseminating news or providing information to the public;
(b) made in a speech, article, editorial or any other publication or
through radio, television or any medium of communication that is accessible 30
by or available to the public;
(c) testimony given before a committee constituted by the
Government;
(d) made in response to a request for tender; and
(e) made in response to a published Government notice or circular, 35
soliciting communication from the public on matters connected with
Government legislation, policies and programmes.
(g) "lobbyist" means any person or an organization which conducts lobbying
activity either on his behalf or on behalf of a third party client, in return for financial or
other benefit; 40
(h) "payment" means contributions made in cash or kind and includes cost of
meals, retreat, vacation, meeting, conference, travel or support for election campaign
and offering gifts in the course of lobbying activity;
(i) "public servant" shall have the same meaning as assigned to it in the
Prevention of Corruption Act, 1988; 45 49 of 1988.
NEW DELHI;
February 9, 2015. KALIKESH NARAYAN SINGH DEO
7
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for constitution of an Authority for Registration of
Lobbyists. Clause 4 provides for salary and allowances payable to the Chairperson, members,
officers and staff of the Authority. Clause 9 provides for maintaining a register of lobbyists,
conducting of investigation into matters of lobbying without registration and preparation of
annual report by the Authority. Clause 12 provides for publication of information submitted
by registrants to the Authority.
The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund
of India. It is estimated that a recurring expenditure of about rupees five hundred crore will
be involved per annum.
A non-recurring expenditure of rupees one hundred crore is also likely to be involved.
8
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 15 of the Bill empowers the Central Government to make rules for carrying out
the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of
legislative power is of a normal character.
9
LOK SABHA
————
BILL
to set up an Authority for registration of lobbyists; to provide for disclosure of lobbying
activities that influence legislative and executive decision-making in order to increase
transparency in governance and for matters connected therewith.
————
GMGIPMRND—4772LS—23.07.2015.