MANUAL No. (V) A statement ofthe categories ofdocuments that are held by it or under its control. The Punjab LokpalAct, 1996is held by this office .
GOVERNMENT OF PUNJAB
DEPARTMENTOFLEGAL
AND
LEGISLATWEAFFAIRS
(Punjab Act 3 of 1997) (As amended up to 26th March,2013) Pi ted by Contrcllq Pfinting and Stationary, Punjqb it Govt. Press, S,A.S. Nagu
1
Section
THE PUNJAB LOKPALACT, 1996
CONTENTS
PRELIIT{INARY Short title and commencement. Definitions.
Misconduct by public man.
MACHINERY FOR ENQUIRIES
4. Appoinrmentoflokpal.
5. hkpal to b€ ineligible to hold other offices.
6. Term ofoffice and other conditions ofservice ofthe Lokpal.
7. Removal oflokpal.
8. Staffoflokpal.
9. Juridiction ofLokpal.
10. Matters not subject iojurisdiction oflokpal.
11. Complaints.
12. Preliminary scrutiny ofcomplai[ts by lakpal.
13. Procedure in respect ofinquiries.
14. Evidence.
15. Search and s€izue.
16. Repofis.
20. Intentioial insult or inte[uption to or blinging into disrepute lokpal, 2L Power oflokpalto try cortain offences summadly.
22. Action in case offalse complaint.
23. Confementofadditionalfirnctionsonlokpal. Page
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JIJRISDICTION AND PROCEDURE IN RESPECT OF INQUIRIES
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17.
18.
19.
MISCELLANEOUS
Expenditure on Lokpal to be charged on the Consolidated Fund ofthe State. Secrecy of information.
Penalty for disclosure ofpublication ofinformation in respect of complains agains Legislator.
(D
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24. Compcnsation or reward or both payable in ccrtain cases k) complainanl.
25. Protection.
26. Powerlo delegale.
27. Power to make rules.
28. Saving.
29. Repeal and Savings. TIIE SCHEIJtJt-I] tl
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t3 l3 rl ti (ii)
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I
THE PUN.IAB LOKPALACT. 1996
(PLj-\JAB ACT 3 OF t997) lReccivd the essent of the Goyernor of Prnjub on the l3th Jontary, lgg7, und w$ rtrst published Jor gencr.rl iffornation in Punjub Governmenl Gazelte (Exlraor.linary) Legith ive Supplement l|itcd the l6th January, 1997.1
rli
Year No. Sho( title
Whcther repealed or otherwise afl'ected by legislaiion
1991 3 -Ihe Punjab LokpalAct, 1996 2Amended by PunjabAct I of1998. AnAct to rcmove ce ain .leJi.iencies in lhe Punjab Lokpal Acl, 1995 and to ptovide Iot certain salc-gt.ottls tehich were missing in thit Acl3J'**l lo secnre proper invesligolion ofenquity against publicme nnd lhereby e,,sl'tri geruiicoliotr ofcorruplion, niherence tolhe rt le ofl.tu' by obsetring rules of narur.tl j rslice.
Be jt enacted bythe Legislature olthe Stale ofPunjab in the Sixty-fourth Ycar of the Republic ol India. as lbllowsi
PRELIMINARY
l. (l) ThisAcl may be calledthe Punjab l-okpalAct, 1996.
(2) lt shallcome ino force immediately. l. ln lhis Acl" unless the context otherwis€ requircs-
(a) "compctent authoity" in rclation to a complaint against a public man means the Govemor;
(b) "complainl" mcam a complaint alleging that a public man hra, while holding ary ofthe ofliccs rcferrcd to inclause (k)committgd misconduct;
(c.) 'tomplaint against a legislatoi'means a complaint all€ging misconduct by a pe$on who, at the time ofthe alleged commission ol such misconduct wos a Membcr ol the l,egislative Assembly ofthe state;
(d) 'tonuption" includes anyhing made punishable under Chapter IX ofthe lndian Penal Code, I 860 or under the Prcvenlion ofConuption Act, 1988;
(c) "Govemor" means the Govemor ofthc State ofPunjab;
(l) "High Cout" means the lligh Coun ofPunjab and Haryana; t(g) "Lokpal" means a person appointed as such under section 4 ofthisActl
(h) "Minister" means a member ofthe Council ofMinisters by whatever namc callcd, for the State ofPuniab, that isto say the Chief Minister, Minister,
Minister ofstare, Deputy Minisler, ChiefPalliarncntary Secrelay arxl Parliarnenlary Secret€ry;
(i) "Misconducf'means misconduct (whethcr committed before or aller the commencement of this Act or within or outsidc India) offie natwe specified in section 3; O "Prcscribed" means prescribcd by rules made underthisAct;
Short lirle and
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(k)
(D
(iD
GD
(iv)
2
"Public man" means a pcrson whoholds or has held the officeof- a Minister;
a Memberofthe LegislativcAsscmbly oft he State; The Chairman anda Member ofa Board constituted by or under fte State orCent alAct or otherwise:
The Chairman ofany Govemment company wilhin the meaning ofsection 6 I 7 of the Companies Act, I 956, in which not less than fifty-oneper cent ofthe paid up share capital is held by the State Govemment or a.ny company which is subsidiar-v ofa company in which not less than fifty-oneper cent ofthe paid up share capital is held by the StateGovemment;
The Chairman and a Member ofany non statutory Committee nominated by the State Govemment:
The Chaiman and the Vice Chairman ofthe Zila Padshad constihited under the Punjab Panchayati Raj Act, 1994, including its oficials; Mayor Senior Deputy Mayor, Depug Nlayor ofa Municipal Corporation constituted under the Punjab Municipal CorpoBtion Act, 1976. including its oficials; and
The President and the Vice-Presidentofa MunicipalCouncil orNagar Panchayat constituted undcr the Punjab MunicipalAct, l9l l. including its officials; and (v)
(o
(viD
(MD
"Public servanf'shall have thc same meaning as given in section 2l ofthe lndian Penal Code, 1860: and .
"Up-Lokpal" meansaperson appointed as such under section 4 ofthisAct. A Public man commits m isconduct-
ifheis actuated in the discharge ofhis lunctions as such public man by motives ofpersonal interest or other improper or corrupt motives; or
ifhe abuses, or attempts to abuse his position as suchpublicman to cause harm or unduc hadshipto any other peNons; or
if he directly allows his position as such public man to be taken advantage ofby any ofhis family member ald by reason thereofsuch family member s€cures any undue gain or favour to himselfor to another person or causes harm or undue hardship to another persons; or ifany acl or omission by him constitutes corruption; or
ifhe is in possession ofpecuniary resources or property disproportionate to his kDown sources ofincome and such pecuniary resources or property is held by public man personally or by any member ofhis family or by some other penon on his behalf (2\ A Legislator cornmits misconduct ifhe abuses or atlempts to abuse or knowingly allows to be abused his position as such legislator for securing for himselfdirectly or indirectly any valuable thing orpecuniary advartage.
0)
(m) 3.(t) (a)
(b)
(c)
(d)
(e)
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(3) A public uran who abets or conceals or attempts to conceal fron detection the commissionof misconduct ofthe nature specified in sub-section (1) or, as the casc may be, sub-scction (2), by another public man, also comnits misconduct.
Explanation.- For the purpose ofthis section--
(a) "Associate" in relation to a public man includes any person in whom such public man is interested;
(b) "Legislator" means a person who is a member ofthe LegislativeAssembly ofthe State;
(c) "Members offamily" in relation to a public man includes-
(i) the wife or the husband, as the oase may be, ofthe public man, whether residing with rhe public man or not but docs not include a wile or husband, as the case may be, separated from the public man by adecree or order ofa competent couft:
(iD son or daughter or step-soi or step-daughter olthg public man ard wholly dependcnl on him but docs not include a child or step child who is no longer in any way dependent on lhe public man or ofwhose custody the public man has been deprived by or under ary law;
(iir) any other person related,,whcther by blood or marriage to the public man ot to the public mar's wifb or husband and wholly depcldent onthepublic man.
(1)
MACHINERY FOR ENQUIRIES
Forthe purpose ofconducting inquiries in accordance with theprovisions ofthisAct,the Governor shall, by wanant under his hand and seal, appoint a person to be known as the Lokpal and another p€rson to be known as the Upl-okpal:
Provided thatthe Lokpal shallbe appointed on the adviceofthe Chief Minister whoshall consult the Speakerofrhe Pturjab t,egislatjveAssembly, and the Chiel'Justice oflndia in case ()1'appointmentofaperson who is or has been aJudge ofthe Supreme Court or ChiefJustice ofa High Courl, and ChiefJustice of Punjab and Haryana High Court in case ofappointmcnt ofa person who is orhas been a Judge ofa IIigh Coun:
Provided lurther that th€ Up-Lokpal shall be appointed on the advice ofthe Chief Minister in consultation with the l-okpal.
(2) The persons appointed as the Lokpaland the Up-Lokpalshall, before entcring upon their omces, take and subscribe, before the Covemor, or some pe6on appointed in that behalfby him, an oath of afli rnration in the lbrm set out for the purpose in the Schedule appended to this Act.
(3) A pcrson shall not be qualified for appointment,-
(i) as Lokpal, unless he is or has been a Judge ofthe Supreme Court or ChiefJustice or a Judge of High Court in India; ard
(iD as Up-Lokpal, unless he is orhasbcen a District and Sessions Judge or a Secrelary to thc Govemment ofPunjab.
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(4) The genemlsuperinlcndencc, direction ard nranagcmenl ol aflaint ofthe inslitution ol Lolipal shallvesl in the l-okpal,who shallbc assisted bythe tJp-Lokpaland may exercise allsuch powers and doall such acrs and things which may be exercised or done by the l,okpal and autonomously without being subjected to the direction by any other aulhority under thisAct.
5. I he Lokpaland the Up-t kpalshallnot.-
(i) be a Membcr ofParliament or a Mcmber ol'lhe Legislaturc ofany Statel (iD hold any oflice of1'rust or prolit, other than his olice as Lokpal or Up-Lokpal; (iiD be connecled wilh any polilical pany;
(iv) carry on any business; or
(v) practicc any profession. and accordingly a person appointed as the Lokpalor the Up-Lokpal, as the case maybe, beftrre entering upon hisofficeshall,-
(a) ifhe isaMemberol Parliament orofthe state Legislatureol irnl- State, resign li'onl such mcmberjhipi or
(b) ifhe holds any ollice ofTrust or profit, resigrr l'rom such office: or
(c) ifhe is connected with any political party, sever his conneclion wilh it; or
(d) ifhe is carrying on any business, scver his connection (short ofdivesting himsellof ownership) \\'ith the conduct ard management olsuch business; or
(e) ifhe is pmcticing any profession, ccasc 10 pmcticesuch profession. 6.( 1) -Ihe persons appoinled as t,okpal or tJp-l okpal shall hold ollice for a term ofsix years lionr the dale on which. hc entcrs upon hisofficc.
Provided that-
(a) The Lokpal or Up-Lokpal may by writing under his hand addressed to the Govemor. resign his office;
(b) The Lokpal or Up-l-okpal may be removcd from his oflce in the manner provided in section 7 0!'thisAct.
(2) On ceasingto hold oftice the Lokpal or Uplokpal shall be incligible for furtheremployment (whethcr as tokpal or Up-tokpal or in any other capacity) undcr the Stale Govemment or in any emplo)ment undcr or office in any local authority, corporation, Govenrmen( company as is refered to in sub-clause (iv) ofclausc l(k) of section2 offtisAct.
O) 1'he Lokpal and the Up-Lokpal shall b3gaid, in respect oftime spent on actual service, salary and allowancesispectiG"lyas under:-
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(i) drawn bythe sitting ChiefJustice ofthe High Court ofPunjab ard Haryana; and
(ii) drawn by the sitting Districtand Sessions Judge or a Secretary to the Government ofPunjab:
Lokpaland
Up-l-okpallo
b( encligible
ro hold other
ollice.
.onditions of
Service ofrhe
Lokpalor
UpJokpal
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Pro!idcd rhat il the Lokpalor th€ Up-l.okpal is at the lime ofhis appointmenl in receipt ofa pension (olherthan disabilitv orwound pcnsion) in respectofany previous serviccunderthe Govemment ol'lndia or under rhe Governmen!()1 a State, his salary in respect ol service as l.okpalor Up-t,okpal shall be reduced-
(a) b! the amount ofthat pensioD;
(b) ifhc has belore such appointmenl. received in lieu ola portion oflhe pension due to him in respcctolsuchprevious service,lhe commLrted valuethereof, bythc amounl ofthat port ion of tlre pension; and
(c) Ifhe has. belbresuch appoinlment, rcceived a retirement gratuity in respectofsuch pre\ ious service. by the pension equivalent ofthat gratuity.
(4) The Lokpalorlhc Up-Lokpal shall be entitled without payruent ofrcnt the useol'an olficial residence.
(5) 'fhe allo$ances and pension payable toand olherconditions ofservice ofthe Lokpalor the Up-Lokpal shall be such, as may bedclermined by the Covcmorhaving regard to ths aliowancesand pension pa1 able to ard other conditions of service-
(i) ofthe ChigfJustice ofthe l{igh Court ofPunjab and I Iaryana in thc case o ilokpal; and
(ii) ol-the Districl and Sessions Judge ora Secretary,oflhe Covernmentof Punjab in the casc oiUp-Lokpal:
Provided that thc allowances and pension payable to and otherconditions ol'service shall not be l aried to disadvantage afterappointments.
Subjccl lo thc provisions ol'Adicle 3 I I oflhe Constilulion ol-lndia.the l,okpal or the t Jp- I-okpalmay bercmoved from his olliccby the (;olernoron thcground ofnris-behaviour or incapacity and on no other ground:
'1.
(l) Provided that the inquiry rcquircd to be held underclause(2) ofthe saidArticle belbre such removal shallonly be held by aperson appointcd by t he Governor being a perspn who is or has been a Judge ol'the Supreme CoLrrt o r a Chiel'Justice or Judgc ofthe lligh Coun.
(2) Nonrithsknding ary'thing contained in sub-section (1), the Covemorshall not remove thg Lokpal or the tlp-Lokpal unless an address by the State Legislature supported by a majorityofthe lotalmembership ofthe House and a majority ofnot less than two tlird ofthe members ofthc Ilouse present and voting, has been presentcd to the Govemorin the same sessions for such removal.
The Covemrnent shal l. in consultation with theI Dkpal, appoint Secretaries with the Lokpal as well as with the Up-Lokpal a.nd such other oflicers and employecs, as may be prcscribed to assist tlrem in the discharge ofdrcir functions (including verilication ard enquiries in respect oi complaints) underthisAct.; and
(2) Without prejudice 10 the provisions ofsub-section( I ), the tokpal or the Up-Lokpal,.rs the case may be, may for the purpose ofdealing with any complaints, oranyclasses ofcomplaints, secure the services o fany oflicer or employees or investigating agency o flhe Centml Government or State Govertunent with the concurrence ofthat Govemment.
8.(t)
fsr-rr;ifii--l
l*0r,, l
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(3) The terms and conditions ofservice ofthe officers and employees refe(ed to in sub-section ( I ) and ofthe officeN, employees, agencies and persons referied to in suLsection (2) (including such special conditions as may be considered necessary for enabling them to act without fear in the discharge oftheir functions) shall be as may be Fescribed by the Govemment in consultation with the Lokpal. JURISDICTION AND PROCEDURE IN RESPECT OF INQUIRItrS
9. (1) Subject to the other pmvisions ofthisAct, the Lokpal orthe Up-Lokpal may inquire into any matter involved in, or aising ftom, or connected with any allegation ofmisconduct against public man made in a complaint under this Act.
@ The onus to prove the allegation shall be on thc complainant but thc Lokpal or the Up- Lokpal may collect evidence and may call upon the person against whom a complaint is made to produce evidence.
[(3)+**r'*]
| 10. (l ) The Lokpal or the Up-Lokpal shall enquire into an allegation olmisconduct against a public man within five yea$ Iiom the date ol occunence ol that misconduct.
. @ Notu,ithstandinganythingconained in sub-section (3), the complaints filed under lheprovisions ofthe Punjab Lokpal Act, 1995 (Punjab Act 9 of1995) shall also be enquired into by the Lokpalorthe Up- Lokpal.
(3) The Lokpal or the Up-Lokpal shall not enquire into any matter which has been referred for enquiry under the Commission oflnquiryAct, 1952 on his reconmendationsor with his prior concurtence. The Lokpal or the Up-l-okpal shall not enquire into any conplaint suo-moto. Any person other than a public servant may make a complaintunder thisActto the laornptalnts I
t\L, I
(3) Ihe complaint shall be in the prescribed form and shall set forth padiculas ofthe misconduct alleged and shall be accompanied by an aftidavit in support ofthe allegation ofmisconduct and the pafiiculars thercofard a certificate in the prescribed form in respect ofthe deposit refened to in sub-section (4).
(4) The complainant shall deposit in such manner and with such authority or agency as may be prescribed a sum of[one thousand rupees] as fee,
12.( I ) lfthe tokpal or the Uplokpal is satisfied after considering a complaint and after rnaking such verification, ashe deems appropriate-
(a) that he cannot make any inquiry in respect ofthe complaint by reason ofthe provisions of[sub-section(3) ofsection l0]; or
(b) that the complaintis not made within the period as specified in sub-section( I ) of section I 0 and that there is no su fficient cause for entertaining the complaint; or Jurisdiction of
Lokpalorrh€
Up-Lokpal
(4)
1r.(r) Lokpal. scrutiny of complaints by Lokpalor the up-
Lokpal
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(c) thatthe complaint is ftivolous orvexatious or is notmade ingoodfaith; or
(d) that thereare no sufficieot grounds for inquiring intothe complaint; the Lokpal or the Up-I-okpal shall dismiss the complaint after recording his reasons tiereofand commrmicate the same to the complainant and to the competent authority concemed.
(2) The procedure forverification in respectofacomplaintundersub-section (l) shall be such, as the Lokpal or the Up-Lokpal may deem appropriate in the circumstances ofthe case and in particular the Lokpal ortheUp-Lokpal may, ifhedeems it necessary to do so, call for the comments ofthe public rnan concemed.
(3) Any orderaflectingthe rights oftheperson complained against, shall be a speaking order. 13.(1) If, after the consideration and verilication under section12in respect ofa complaint the Lokpalorthe Up-Lokpai proposes to conduct an inqr-riry he, -
(a) shall forthwith forward acopy ofthe complaintto the competent authoriry;
O) may make such ordersas to the safe custody ofdocuments rcievant to the enquiry as he deems fit:
(c) shall at such time as he cqnsiderc appropriate, forward acopy ofthe complaint to the public man concemed and aflord hin an opporhrnity to represent his case.
(2) Every such inquiry shall be conducted in camera.
(3) Save as aforesaid the procedure for conducting any such inquiry shall be such as the Lokpal or the Up-Lokpal may consider appropriate in the circumstances ofthe case keeping in view the rules of rBturaljustice as enunciated by the Supreme Court oflndia and the High Cou1. The person against whom acomplaint has been made shall not be compelled to be witness against himself.
14. (1) Subject tothe provisiors ol'this sectiorq for the purpose ofany enquiry including under section 12, the l-okpal or the Up-Lokpal--
(a) may require any public servant or any other person, who, in his opinion is informalion or produce docume s relevant to such inquiry to fumish any such information or produce any such document;
(b) shall have all the powers ofa civil courl while trying a suit underthe Code ofCivil Procedwe, 1908, only in respect ofthe following matters, narnely:-
(i) summoning and enforcingthe attendance ofany personand exarnininghim onoath; O requiring the discovery and production ofany document;
(iii) receiving evidence on aflidavits;
(w) requisitioning any public record or copy thereoffrom any coud or office;
(v) issuing commissions forthe examination ofwitnesses; aad
(vi) such other matters as may be prescribed.
(2) A proceeding before the Lokpal or the Up-Lokpal shall be deemed to be ajudicial proceeding under the meaning ofsection 193 oflhe Indian PenalCode, 1860. the verification
E;d;J
able to fumish
lt
(3) Subject to the provisil)ns ofsub-scction (4) --
(a) no obligation lo mainlain sr\crecv orotherrcstdction upon the disclosur€ ofinlbmration oblained byor lirmished to lhc Govemmcnl or any public servant u,hether imposed by any cnactment or by ary provision oflaw whatever, shallapply to disckrsure of infonnalion for the purposcs ofany inquiry (includingthe verificaiion under scction l2) under this Act; and
(b) tre Govemmcnl orany public servant shall not be entitle4 in relation to any verilication or inquiry, to any such privilege in respcct ofthe production ofdoctrmenrs or lhe giving ofevidence is is allowerl by zmy emctment or by any povision whalsoevcr in legalprocec,Jings.
(4) No person shall be required or authorised by vinue ofthis Acr to fumish any inlormation or answer any such question or produce so much ofany documcnt---
(a) as might prejudice the security oflhe Stalc or thc delence or intemalional relations of lndia (including India's rclalions with the Govemmcnt ofany othercountry or with any intemational organislltion). or the invesligation ordclectionofcrime; or
(b) as might involve the disclosure ofproceeding ofthe Council ol Ministers or olany Committee thereol. and lbr the purpose ofthis sub-secrion, a cenilicate issued by a Secretary to the Govemmen( certifying that any infbrmation, amwcr or portion o/'a document, is ofthe nature speci fied in c lause (a) orclause (b) shall be binding and conclusive.
Providcd that the Lokpal or the tJpJ,okpal may rcquire any inlbrmation or answer or portion of document inrcspcct ofwhich a certificate is issncd under this sub-section to the eft'cct thal it is ofthe natMe as specified in clause (b) to be discloscd to him in private for scrutiny and ifon such slntliny the t kpalorthe Up-l-okpal is satisfied that such certilicateought not to have been issued. he shalldcclare lrhc cenificatc k) beofnoefTect.
Ifthe t-okpalor the Up-Lokpal hars rcason to belicvc thal any docunent rvhich, in his opinion. will be useful fbr or relevant to, any inquiry under the Act is sccreted in any placc he may, with lhe prior approval ofthe Govemorauthorise any officer subordinate to him or any oflicer or t5. (t)
any investigating agency rel'ened to in sub-s€ction (2 ) ofsection 8, to search for and to seize such documcnts.
(2) lfthe Lokpal or thc tjp-Lokpal is satisfied that any document seized under sub-section (1), would be evidence fbr thc purpose ofany inquiry under thisAct and that it would be necessary to retain that documcnt in his custody, hc may so relain the said document tillthe complction ofsuch inquiry:
Pmvided that where such docrunent is seized before the conunencement ofsuch inquiry, the t,okpaiorthe Up-Lokpal shall rctum thedocument belbre the expiration ofaperiod ofone year from the datc onwhich it is seized unlesssuch inquiry has becn commenced before such expiralion. Explanation.-J:orthc purposes ofthis sub-section an inquiry in respect ofa complaint--
(a) shallbedeemed lo have commenccd on thedate on which the Lokpal or the Up-Lokpal forwards acopy ofthe complaint to the competent aulhority underclause(a) ofsub- section (l ) ol'scclion 13.
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(b) shall be deenled 10 have been con)pletcd on thc dale on \h ich {he l.okpal or thc Up- Lokpalcloscs thc case underseclion 16.
(3) fhe provisionsofthe Code ol Criminal Procedure, l9T3.relatingto scarches shall,so Iaras may be, applyto searches underthis section subjecl lo the modification that sub-section (6) ofsection 165 ofthesaid Code, shallhave effect as ifforthe word "magislrale" wherevcr it occurs. the words l-okpal or the Up-l-okpal or any ollicer authoriscd bv hinr" werc substitutcd.
l6( l) ll alier inquiry in respcct ofa complaint, the Lokpalor the tJp-l,okpalis satisfied,-
(a) l'hat no allegalionmade in thccomplainthas been substantiated either wholly or partly. he shall close the case and intimate the complainanl,lhe public man drd the competent authority accordingly; or
(b) -Ihal all or any of lhe a I legalions made in the complaint have or has been substantiatcd either rvhollyorpartlyhe shallby repon in writing communicale his lindings zuld recommendations to the competent authority and intimate the complaintfrt and the public mrn concemed aboul his having madethe report.
(2) I'hecompetent authorily shallexamine the repon tbrwarded to it underclause(b) ofsub- section i I ) and communicatc to th€ Lokpal or the tl p Lokpal. within three months, ol the datc ofreceipt of the report, the action taken or proposed to be uken on the basis olthe rcport.
(3) lf, thc Lokpal or the Up-Lokpal is satislied with the action lakcn or proposed to be laken on the basis ofhis rcport undcr clause (b) olsub-section (l), he shallclose the case and intimate the complainant. lhe public man and the competcnt authority accordingly, but where he is not so satislied and if, he considers that thecase so dcserves, he may male a specialreport lbrreviewing decisionofthc Governor. (4 ) I'he Lokpal or the Up-Lokpal shall present annu.illy to the Governor a consolidated report on lie adminislralion ol thisAcl.
(5) As soon as may bc, allcr and in any case not laler than ninety days lioll1 the receipt o1-a special repon under sub-scction (i), orthe annualrcpofl undcrsub-scction (4), the Govemor shall causc thc sarne together with ancxtraordinarJ memorandum to be lajd before, the Stalc Legislalure. Explanation.- In computing the period ol'ninetydays rcfencd to in this sub-seclion, any pcriod duriDg \-\'hich the Statc Legislahneis not in session. shallbe excluded.
MISCEI,LANEOI]S
The salaries, allowancesand pensionspayable to, orinrespect of, Lokpaland Up- Lokpal and other functionadcs, shali be the expenditure charged on the Consolidated Fund ofthe State.
17.
plokpalro be arged on the Irund oflhe Slate 18.( I ) Any inlormation obtained by the l-okpalor Up-Lokpalor by any officer, employee, agency or person referred to in section 8, inthe course ofor for the purposes ofany verification or inqLriry urderthe Act. and any evidence recorded orcollectcd in connection therewith shallbe treated as
l0 confidential and, notwithslandiiB anything contained in the Indian Evidence Act, t 872, no Court shall be enlitled to compelthe Lokpal or Up-Lokpal or arry such ollicct, enlployee, agcncy ot person to give evidence relatingto such olTicet employee. agency or person to give evidence relating to such information or!o produce the evidence so recorded orcoilecied.
g Nothing in sub-section (l ), shall apply to lhe disclosure ofthe information orevidence refened totherein-
(a) for the purpose ofthis Act or for the purposes of any action or proceedings to be taken on any report under section 161or
(b) for the purposes ofany prcceedings, lor any of1'ence ofgiving or fabricating false evidence under the Indian Penal Code. 1860; or
(c) for such olher purposes, as maybe prescribed. 19..( l) No complainr againsta Ipublic manl or any proceedings (whether by way of verification, inquiry or otherwise) in respe,ct ofcomplajnt or proceedings (including any evidence fumished, collected or recorded in relationto suchcomplaint or in the course ofor for the purposeof such proceedings) shallbe disclosed orpublished by any person- (b)
Provided that
(2)
where [******] the t kpalorthe ljp-Lokpal conducts aninquiry into suchcomplainl under section I 3 at aiy time beforc he closes the case under clause(a) ofsub-section( I ) ofseclion 16, or as the case may be, before he makes a report in respect ofths case under clause (b) ofthat sub-section:
II1anyothercase, before the competent aulhority concerncd disclose or announces in the prescribed mamer the findings inrespectofthc allegations made in such complaint:
nothing inthis sub-section shall apply-
(i) To any disclosure lbr the purpose ofthis Acq or (ir) To any disclosure or publication with respect to proceedings for any oflbnce under thisAct or any other law; or
(iiD 1b any disclosure or publication for such other pulposes as may be approved by the competent authority.
Whoever contravenes the provisions ofsub.section( I ), shall be pudshed with imprisonment for a term which may extend to lsix months] or with a fine ofrupees two thousand or with both.
(3) The provisions ofthis section shall have eflbct notwithstanding anything coniained in any other section oftlrisAcl or in any othel enactment.
20.( I ) Whoever intentionally offers any insult, or causes any intemrption, to ihe lrkpal or lhe Up-Lokpalwhile the Lokpal orthe Up-Lokpal is making any verilication orconducting rny inquiry under this Acl, shall be punished with simple imprisonment, for a term which may extend to one month or with finc ofrupees two thousand orwith both PenalY Ior
publication of
omplainls
lnlernational
insult or
interruption io
or bringing
Lokpalorlhe
Uplokpal
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lt
(2) Whoever by words spoken orintendedto be read makes or publishes any statement, or does any other act, which is calculatedto bring the Lokpal or the Up-l-okpalinto disrepute shallbe punished with simple imprisonment for a term which may extend to one month or with fine ofrupees two thousand or with both.
(3) Ihe provisions ofsub-section(2) ofsection 199 ofthe Code ofCriminal Procedure, 1973. shall apply in relation to an offence under sub-section (l ) or sub-section (2) as they apply in relation to an offence refened to in subseclion(2) ofthe saidsection l99,subiect to themodilication that no complaint in respcct ofsuch offence shallbe made by the Public Prosecutor exceptwith the previous sanction ofthe Lokpal orthe Up-Lokpal,
lfat any stage ofproceeding before the Lokpal or the Up-Lokpal it appears to the Lokpalor the UtrLokpal that any person appearing in such proceedings and knowingly or wilfully has given false evidence or had fabricated false €vidence with the intention that suchevidence shall be used in such proceedings,lhe Lokpal or the Up-Lokpal may, ifsatislied that itis necessary and expedicnt in the interest ofiustice that the person should be tried summarily forgivingor labricating, as thecasemay be, false evidence, takc cognizaoce ofthe offence and may after giving lhe olTender a reasonab Ie opportunity ofshowing cause and adducing evidenceasto whyhe should not bc punished for suchoft'ence, try such offender summarily, so faras may bc, in accordance withthe procedure speci6ed lor summary trials under the Code ofcrininal Procedure, 1973, and sentence him to imprisonment for a term which may extend 1() one moDth, or 10 fine which may extend to five hundred rupees, orwilh both.
(2) When ary such offence as is described in section 175, 178. 179 or section 180 ofthe Indian PenalCodc is committed in the viewor presence ofthe Lokpal or the Up-Lokpal, the Lokpalor the Up- Lokpal may cause the oftender to be delained in custody and may, at any time on the same day, take cognizance ofthe offence and after giving the offender a reasonable opporturity ofshowing cause and adducing evidence as to why he slDuld not be punished under this section sentence the offender to simple imprisonment for a tclm which lnay extend to fortnight or an fine which may exlend to five hundred rupees, orwith both.
(3) ln every case tried under this seclion, lhe Lokpal or the Up-Lokpal shall record the facts constituting the offence with the statement (ifany) made by the offender as well as the finding and tle sentence.
(4) Any person convictedon atrial held underthis sectionmay appeal tothe Fligh Court and the provisions ofChapterXXIX ofthe Codc ofCriminal Procedure, 1973, shall, so far as may apply to appeals underthis section and the High Coufl may after or reverse the firrding, or reduce or reverse the sentence appealed against. The Lokpal or the Up-Lokpal shall after pronouncing the punishmcnt suspend its commencement for a period ofone month to enable the aggrieved party to approach the l-ligh Coun in al appealand acopy ofthe ordershall be fumished free ofcost to a person who has been convicted under section 20 and 2l oftheAct,
(5) The provisions ofthis section shallhave efiect notwithstanding anythingcontained in the Code ofCriminal Procedure, 1973,.
22.(1) Every person who willfully or maliciously males any complaint which he knows or has reason to b€lieve to be false under this Act shall b€ punished with imprisonment for a tern which may extend to one year and shallalso be liable to fine which may extend to five thousandrupees.
2r.(l)
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l2 No court cxccpl a court ol Session. shall lake cognizance ol_ an of-lence under (l) sub-seclion( l).
(3 ) No such cou( slull talie cognizance ofsuch offence excep! on a complainl in $'riting made by the Public Prosecutor at lhe direction ofthc Lokpal or the Up-Lokpal and the coun ofSession may take cognizance ofthe olTence on such complaint withoul the case bcingcommitted lo it
(l) I hc Coun ol Session, on conviction oflhe person maliing lblse complaint may arvard, out of the amount offine 10 the public man against whont such lalse cclmplaint has been made. such amount of compensa{ion as itlhinks
'lt.
(5) The proYisions ofthis seclion shall have effeci notu'ithslanding an)'thing contained in the Code of Criminal Procedure, 1973.
23.( I ) The Govemor may in consultation with lhe Chief Minister and by an order in \witing and subjectro such conditions or limitations asnraybe specified in lhe order require the Lokpal to inquire into any allegations of isconduct specified intheorderin respect ofa public ntan and nouithstanding anlhingconhined in thisAct. the Lokpal shall comply with such ordcr
(2) When the Lokpal is to makc any inquiry under suh-seclion( I ). or the same is assigned tothe Up-Lokpal by him, thc Lokpal or the Up-Lokpal, as thc case may, shall exercise the same powe$ and discharge the same functions as he would in the case o lary inquiry made in a complaint under this Act and the provisions of thisAct shall apply accordingly.
24. li, the Lokpalis satisfied:-
(a) that all or any ofthe allegalions nrade in a complaint have or has been substantialed cither rvholly or panly; ard
(b) that having regard to the expenscs incurred by the complainant in relalion to the proceed ings in rcspect of such complaint and all other relevant circumstances oflhe case thc complainant deserves lo be compensated or rewarded,lhe Lokpal ma)' recommcnd to the Covemment, the amountwhich may be paid to the complainant by way ofsuch compensation or re\ ard and the Stale Govemment may pay thc amount so rccommcnded to t)re complainanr.
. (l) No suit, prosecution or other legal proceedings shalllieagainst the l,okpalorthc Up- [,okpal, oragainstany ofliccr, employce, agency or person referrcd to in section 8, in rcspect ofanl4hing whichis donc in good laith or intcnded to bc donc undcr thisAct.
(2) Save as otherwise provided insection 21, no proceedings or decisionofthe Lokpal or Up-Lokpalshall be liable to be challcnged, rcviewcd, quashed orcallcd in question, in any cou( Thc Lokpal or the UpJ,okpal may, by general or special ordcr in writing and subj ect10such conditions and limitations as may be specified therein, dircct that any powers conferred or duties imposed on him byor under this Act except the powers to dismiss complaint under ( I ) of section 12, the powers to close cases and make reports under section I 6 and the power under section 2 I , may also be exercised or discharged by such ofthe officers, cmployees or agencies refened to in sub-section (1) or sub-scction (2) ofsection 8, as may be specified in the order.
25
27.t) li
lhe State Gov0rnmenllnay, by Dolillcalion, in the OtlicialGazotle and subjcct to lhe condition ofprevious publication malic rules lbrcarryingou the purpose ofthisAcr. . 2e.(
W
(: ) Ilvery rule under this Acl shall be laid as soon as may be. alicr it is made before the Srare l-egislature while it is in session lbr a total period olten days which may be comprised in one sessionor in ruo ormore successive sessions aforesaid. the State Legislature agrces in making any modilication in the rule or llte Slarc Legislature agrces that the rule should not be made. thc rule shall therealier have ell'ect oniy in such modified form or be ofno effecl as the case may be, however that anv such modification or annulment shall be without prejudiceio the validity ofanyhing previouslydone underthatrule.
The provisions ofthis Act, shall be in addition to lhe provisions ofany othcr mactment or any ruleor lawunderwhich any remedy bywayofappeal, revision or any olher manne. is
limitoraffectthe rightol'such perconto avail ol'suchremedy.
I ) 'fhe Puniab Lokpal Ordinance. 1996( Punjab Ordinance 4of I996), is hereby repealcd.
(2) Notwithstanding such rcpeal anything donc or amy action raken under thc Odinance refbrred to in sub-scction( l) shallbe deemed to have been done or takcn under the conesponding provisions of thisAct-
T[IE SCTIEDULB
lsec Section ,l(2)l having been appointed as the *Lokpalfup-Lokpal, do hereby solemnly affiIm that I willbeartruc fai$ and allegiance to the Constitulion oflndiaas by law established and rhat I willduly and faithfully and to the best ol my abilitt, knowledge andj udgment perlbrm the dulies ofmy oflicc without fear, favour, aflection or il l-will.
*strike out which is not applicablc.
PCP Llohli./8 57 I /02-201 5
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