In exercise of the powers conferred by Section 59 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014), the Central Government hereby makes the following rules, namely
(1) These rules may be called the Lokpal (Complaint) Rules, 2020.
(2) They shall come into force on the date of their publication in the Official Gazette.
In these Rules, unless the context otherwise requires
(a) Act means the Lokpal and Lokayuktas Act, 2013 (1 of 2014);
(b) offence means an offence punishable under the Prevention of Corruption Act, 1988 (49 of 1988);
(c) words and expressions used and not defined in these rules, but defined under the Act shall have the same meaning as respectively assigned to them under the Act.
(1) For the purposes of clause (e) of sub-section (1) of Section 2 of the Act, a complaint shall be filed in the form appended to these rules as Annexure.
(2) A complaint shall be filed in any of the following manner, namely
(i) electronically, in the manner, as laid down by the Lokpal; or
(ii) by post; or
(iii) in person:
Provided that where the complaint is filed electronically, the hard copy thereof shall be required to be submitted to the Lokpal within a period of fifteen days from the date of filing:
Provided further that the Lokpal shall not keep the said complaint, received electronically, as pending, if the same is complete in all respects.
(3) A complaint shall contain the details of allegations about commission of an offence committed by the public servant:
Provided that no complaint shall be filed against the public servant under the Army Act, 1950(45 of 1950) or the the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (46 of 1950) or the Coast Guard Act, 1978 (30 of 1978), as the case may be.
(4) A complaint may ordinarily be made in English:
Provided that the Lokpal may also entertain a complaint in any of the languages referred to in the Eighth Schedule to the Constitution.
(5) The following shall be required to be annexed with the complaint, namely
(a) copy of the identity proof as specified in the form of complaint;
(b) registration or incorporation certificate of the organisation, on whose behalf the complaint is being made, if it is a board, body, corporation, company, limited liability partnership, authority, society, association of persons or trust;
(c) copy of authorization certificate in favour of the signatory if the complaint is being made on behalf of the board, body, corporation, company, limited liability partnership, authority, society, association of persons or trusts;
(d) an Affidavit in the form as specified in the Part D of the Annexure; and
(e) duly signed detailed statement making out the allegation.
(6) The complaint filed against a public servant referred to in clause (a) of sub-section (1) of Section 14 of the Act, shall be decided by the full bench referred to in sub-clause (ii) of clause (a) of sub-section (1) of Section 14, in the first instance, at the admission stage.
(7) The complaint filed against a public servant referred to in clauses (b) and (c) of sub-section (1) of Section 14 of the Act shall be decided by the bench as referred to in sub-section (3) of Section 20 of the Act, in the first instance, at the admission stage.
(8) The Lokpal may seek such other information or affidavit relating to a complaint, as it deems fit.
The Lokpal may process a complaint in the following manner, namely
(a) protect the identity of the complainant or the public servant complained against till the conclusion of the inquiry or investigation:
Provided that the protection, shall not be applicable, in cases where the complainant himself has revealed his identity to any other office or authority while making a complaint to the Lokpal;
(b) protect the integrity of the process of inquiry or investigation;
(c) dispose of the complaints, in limine, under the following conditions, namely
(i) where the contents of the complaint are illegible;
(ii) where the contents of the complaint are vague or ambiguous;
(iii) where the contents of the complaint are trivial or frivolous;
(iv) where the complaint does not contain allegation against a public servant;
(v) where the complaint is not filed within the period of limitation under Section 53 of the Act; and
(vi) where the cause of the complaint is pending before any other Court or Tribunal or Authority.
(d) the Lokpal shall dispose of the complaints satisfying the conditions as contained in clause (c) above within a period of thirty days.
FORM OF COMPLAINT
[See Rule 3]
DETAILS TO BE FURNISHED BY THE COMPLAINANT/SIGNATORY TO THE COMPLAINT
1. Specify if the complaint is being made by
IndividualSocietyAssociation of PersonsTrustCompany
Limited Liability PartnershipBoardBodyCorporation
AuthorityOthers
| 2. |
Name of the complainant (in block letters) @ @ attach an identity proof. Note: Any of the following documents will be considered as a valid proof of identity Driving License, Service Identity Cards with photograph issued to employees by Central/State Government/Public Sector Undertaking/Public Limited Company, Passbook with photograph issued by a Bank/Post Office, PAN Card, Smart Card issued by Registrar General of India under National Population Register, MNREGA Job Card, Health Insurance Smart Card issued under the scheme of Ministry of Labour, Pension document with photograph, Official identity cards issued to MPs/MLAs/MLCs, and Aadhaar Card. |
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| Title (Shri/Smt./Kum./Dr. etc.) |
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| Surname |
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| Middle Name |
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| First Name |
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| 3 |
Gender |
Male |
Female |
Transgender |
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| 4 |
Age [in complete years] |
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| 5 |
Nationality$ $ in case the complainant is not a citizen of India, only a copy of the Passport will be accepted as a proof of identity |
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| 6 |
Details of identity/residence proof to be enclosed with the complaint |
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| Document attached (Tick the appropriate box) |
Driving Licence |
Passbooks with photograph issued by Bank/Post Office |
Smart Card issued by Registrar General of India under National Population Register |
MNREGA Job Card |
Aadhaar Card |
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| PAN Card |
Service Identity Card with photograph issued by Central/State Govt./PSUs/Public Limited Companies to its employees |
Health Issurance Smart Card issued under the scheme of Ministry of Labour |
Official identity cards issued to MPs/MLAs/MLCs |
Pension document with photograph |
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| (a) Number |
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| (b) Date of issue |
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| (c) Validity up to |
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| (d) Issuing Authority |
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| 7. |
Permanent Address |
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| House/Property Number/Locality |
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| Village/District/City |
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| State |
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| Country |
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| Pin Code/Postal or Zonal Code |
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| 8. |
Address for correspondence |
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| House/Property Number/Locality |
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| Village/District/City |
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| State |
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| Country |
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| Pin Code/Postal or Zonal Code |
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| 9. |
Occupation/ designation/ avocation: |
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| 10. |
(a) Telephone Number (with ISD/STD codes) |
(b) Mobile Number (with country code) |
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| 11. |
E-mail id |
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| 12. |
Mode of presentation of the Complaint (Tick the appropriate column) [See Rule 4(1)] |
(a) In person |
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| (b) By Post |
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| (c) Electronically Note: A physical copy is to be provided to the Lokpal within a period of fifteen days. |
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| 13. |
Whether a duly notarised affidavit as annexed to this form has been enclosed? |
Yes |
No |
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| 14. |
Whether the complainant is the victim? |
Yes |
No |
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| It is certified that to the best of my knowledge, belief and Information: (iii)the alleged offence in respect of which present complaint is being made is within the period of seven years [limitation as laid down under Section 53 of the Lokpal and Lokayuktas Act, 2013];(iv)no matter or proceeding related to allegation of corruption under the Prevention of Corruption Act, 1988 being made under this complaint is pending before any court or committee of either House of Parliament or before any other authority and the complaint is not barred from being made before the Lokpal by Section 15 of the Lokpal and Lokayuktas Act, 2013. |
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| Signature of the complainant/ authorised signatory |
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| Place: Date: |
ADDITIONAL DETAILS TO BE FURNISHED BY THE SIGNATORY TO THE COMPLAINT IF THE COMPLAINT IS BEING FILED ON BEHALF OF A BODY OR BOARD OR CORPORATION OR AUTHORITY OR COMPANY, SOCIETY OR ASSOCIATION OF PERSONS OR TRUST OR LIMITED LIABILITY PARTNERSHIP
| 1. |
In case the complaint is made by a body or board or corporation or authority or company, society or association of persons or trust or limited liability partnership, then please indicate: |
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| (a) |
Whether scuh organisation as referred to above is based in India? (Tick the appropriate column) |
Yes |
No |
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| (b) |
If the answer to (a) above is YES then whether the certificate of registration/incorporation [as issued by the authority competent to issue such certificate in India or by authority competent to issue such certificate as per the regulating law of the Foreign State, as the case may be], in respect of such organisation has been enclosed? (Tick tha appropriate column) |
Yes |
No |
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| (c) |
Indicate the name of the competent authority which has issued the certificate of registration/incorporation of the organisation |
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| (d) |
Address for correspondence with the Organisation |
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| House/Property Number/Locality |
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| Village/District/City |
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| State |
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| Country |
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| Pin Code/Postal or Zonal Code |
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| (f) |
Telephone Number (with ISD/STD codes) |
(b) Mobile Number (with country code) |
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| (g) |
E-mail id |
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| 2. |
Personal details of office bearers and head of the organisation |
furnish details in respect of each Officer Bearer and Head of Organisation in the format as contained in Part A of this form. [please see Section 47 of the Act] |
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Attach separate sheets in respect of each individual.
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| 3. |
Details of the person who has authorised the signatory to file the complaint on behalf of the organisation |
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| 4. |
Name of the person authorising the signatory to file the complaint (in block letters)@ @ attach an identity proof. Note: Any of the following documents will be considered as a valid proof of identity Driving License, Service Identity Cards with photograph issued to employees by Central/State Government/Public Sector Undertaking/Public Limited Company, Passbooks with photograph issued by a Bank/Post Office, PAN Card, Smart Card issued by Registrar General of India under National Population Register, MNREGA Job Card, Health Insurance Smart Card issued under the scheme of Ministry of Labour, Pension document with photograph, Official identity cards issued to MPs/MLAs/MLCs, and Aadhaar Card. |
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| Title (Shri/Smt./Kum./Dr. etc.) |
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| Surname |
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| Middle Name |
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| First Name |
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| 5 |
Gender |
Male |
Female |
Transgender |
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| 6. |
Age |
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| 7 |
Nationality$ $ in case the person authorising the signatory is not a citizen of India, only a copy of the Passport will be accepted as a proof of identity |
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| 8 |
Details of identity/residence proof of the person authorising the signatory enclosed with the complaint |
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| Document attached (Tick the appropriate box) |
Driving Licence |
Passbooks with photograph issued by Bank/Post Office |
PAN Card |
MNREGA Job Card |
Aadhaar Card |
|
| Smart Card issued by Registrar General of India under National Population Register |
Service Identity Card with photograph issued by Central/State Government/Public Sector Undertaking/Public Limited Company to its employees |
Health Insurance Smart Card issued under the scheme of Ministry of Labour |
Official identity cards issued to MPs/MLAs/MLCs |
Pension document with photograph |
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| (a) Number |
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| (b) Date of issue |
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| (c) Validity up to |
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| (d) Issuing Authority |
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| 9. |
Permanent Address of person authorising the signatory |
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| House/Property Number/Locality |
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| Village/District/City |
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| State |
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| Country |
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| Pin Code/Postal or Zonal Code |
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| 10. |
Address for correspondence |
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| House/Property Number/Locality |
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| Village/District/City |
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| State |
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| Country |
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| Pin Code/Postal or Zonal Code |
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| 11. |
Occupation/ designation/ avocation: |
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| 12. |
(a) Telephone Number (with ISD/STD codes) |
(b) Mobile Number (with country code) |
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| 13. |
E-mail id |
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| 14. |
Whether and authorisation document has been enclosed? (Please tick the appropriate box) |
Yes |
No |
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| 15. |
Details of third party, if any, likely to be affected by the complaint |
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| (a) |
Name |
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| (b) |
Gender |
Male |
Female |
Transgender |
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| (c) |
Age |
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| (d) |
Full Address |
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| (e) |
Telephone Number (with ISD/STD codes) |
(b) Mobile Number (with country code) |
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| (f) |
E-mail Id |
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DETAILS AS REGARDS THE PUBLIC SERVANT AGAINST WHOM THE COMPLAINT IS BEING MADE
| 1. |
Name of the public servant(s) against whom complaint is being made (in block letters)* * attach a separate sheet in respect of each public servant against whom a complaint is being made. Note: Details of third party/parties, if aware, whose interests are likely to be prejudically affected by the said complaint as contemplated under Section 21 of the Act may also be separately furnished |
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| 2. |
Present designation/status of the public servant(s) against whom complaint is being made |
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| 3. |
Whether the complaint is against any officer or employee or agency (including the Delhi Special Police Establishment), under or associated with the Lokpal? (tick the appropriate box) [see Section 38 of the Lokpal and Lokayuktas Act, 2013] |
Yes |
No |
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| 4. |
With respect to Serial No. 2 above, indicate: |
Designation of the officer/employee |
Organisation/Agency having administrative control over the said officer/employee |
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| 5(a) |
Category of the public servant against whom the complaint is being made (tick the appropriate box) [see Section 14 of the Lokpal and Lokayuktas Act, 2013] |
The Prime Minister |
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| A Minister of the Union |
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| A Member of the Council of States (Rajya Sabha) |
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| A Member of the House of the People (Lok Sabha) |
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| A Group A or Group B officer in the Ministry or Department of the Central Government |
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| A Group C or Group D officer in the Ministry or Department of the Central Government |
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| A Chairperson or a Member of a Body |
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| A Chairperson or a Member of a Board |
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| A Chairperson or a Member of a Corporation |
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| A Chairperson or a Member of an Authority |
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| A Chairperson or a Member of a Company |
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| A Chairperson or a Member of a Society |
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| A Chairperson or a Member of an Autonomous body |
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| A Chairperson or a Member of a Trust |
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| An officer or employee of a Body |
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| An officer or employee of a Board |
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| An officer or employee of a Corporation |
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| An officer or employee of an Authority |
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| An officer or employee of a Company |
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| An officer or employee of a Society |
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| An officer or employee of an Autonomous body |
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| An officer or employee of a Trust |
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| A Director, Manager, Secretary or other officer of association of persons, society or trust |
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| Any other category |
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| 5(b). |
In case the complaint is made against any other category of public servants, specify |
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| 6. |
In case the complaint is against any Chairperson/Member/Officer/Employee of a Trust or an Association of Persons or Society, indicate: |
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| (a) |
Whether the organisation is wholly or partly financed by the Government (tick the appropriate box) |
Yes |
No |
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| (b) |
Whether the annual income of the organisation exceeds one crore rupees as specified by the Central Government vide notification No. 407/02/2016-AVD-IV(Lokpal)(Pt.1) [Notification Numbers S.O. 2154(E) and S.O. 2155(E)] dated 20th June, 2016 (tick the appropriate box) [See clause (g) of sub-section (1) of Section 14 of the Lokpal and Lokayuktas Act, 2013] |
Yes |
No |
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| (c) |
Whether the Organisation is in receipt of any donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year? (tick the appropriate box) [See clause (h) of sub-section (1) of Section 14 of the Lokpal and Lokayuktas Act, 2013] |
Yes |
No |
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| 7. |
Please state, if aware, as to whether the public servant is presently serving the affairs of the State or in any body or Board or corporation or authority, etc. established by an Act of the State Legislature or wholly or partly financed by the State Government or controlled by it? (tick the appropriate box) [See proviso under clause (f) of sub-section (1) of Section 14 and proviso to sub-section (3) of Section 14 of the Lokpal and Lokayuktas Act, 2013] |
Yes |
No |
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| 8. |
Post held by the public servant at the time of commission of alleged offence under the Prevention of Corruption Act, 1988. [See Explanation to Section 14 of the Lokpal and Lokayuktas Act, 2013] |
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| 9. |
Details of the Cause of Action/offence (under the Prevention of Corruption Act, 1988). |
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| (i) Period during which alleged misconduct was committed. [See Explanation to Section 14 of the Lokpal and Lokayuktas Act, 2013] |
From |
To |
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| (ii) Place of occurrence: |
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| (iii) District: |
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| (iv) State: |
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| 10. |
Summary of facts/allegations of corruption: [Detailed complaint duly signed to be enclosed] |
Facts and Circumstances: |
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| Details of the offences alleged under the Prevention of Corruption Act [Briefly indicate the facts and consequential allegations against the public servant which constitute offence(s) under the Prevention of Corruption Act, 1988] |
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| Allegations^: ^if possible, indicate the statutory provision alleged to have been violated by a particular act of commission or omission |
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| 11. |
Names of Witnesses in support of the allegations, if any: |
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| (a) Number of Witnesses: |
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| (b) Name(s): |
1. |
2. |
3. |
4. |
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| (c) Gender: |
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| (d) Age: |
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| (e) Full Address: |
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| (f) Mobile No.: |
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| (g) E-mail Id: |
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| Add additional sheets if the number of witnesses exceeds |
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| 12. |
Particulars/List of the documents relied upon by the Complainant in support of the allegation: |
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| 13. |
Any other information the complainant desires to furnish/disclose which may be relevant to inquiry/investigation into the allegation of corruption. |
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| 14. |
Whether copies of the documents and other material evidence (including electronic evidence, if any) relied upon by the complainant and referred to in the complaint have been submitted? (tick the appropriate box). |
Yes |
No |
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| 15. |
If the complaint is being filed electronically whether pdf formats of the documents and other material relied upon has been attached to the electronic format of the complaint (tick the appropriate box) [please also see sub-rule (2) of Rule 3 of these rules] |
Yes |
No |
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| Signature of the complainant/ authorised person |
| Place |
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| Date |
day |
month |
Year |
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AFFIDAVIT
(to be sworn on a non-judicial stamp paper)
I aged years, s/o r/o do hereby solemnly affirm and declare on oath as under
1. That I am filing this complaint on my own behalf
OR
That I am filing this complaint on behalf of body/Board/Corporation/Authority/Company/society/trust/assocation of persons/Non-Governmental Organisation/Limited Liability Partnership (give its name and registration number, if any) having their office at (give contact address/e-mail/phone/fax of the organisation) and that I am authorised to sign and make this complaint vide its resolution dated
2. That I have filed the present complaint under the provisions of the Lokpal and Lokayuktas Act, 2013 and the rules made thereunder.
3. That I have gone through the provisions of the Lokpal and Lokayuktas Act, 2013 and do hereby affirm that the present complaint is in conformity therewith and I am fully aware that under the provisions of Sections 46 and 47 of the Act making any false and frivolous or vexatious complaint is punishable with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupees.
4. That neither I nor any other person in the organisation/institution/body that I represent in this complaint has filed any complaint in this matter before any Court or Committee of either House of Parliament or before any other Authority and this complaint does not attract the provisions of Section 15 of the Act.
5. I state that before filing this complaint I have collected and presented the information and supporting evidence to the best of my knowledge, ability and capacity which the relevant in support of the allegations of corruption against the concerned public servant and I further confirm that I have not concealed any data/material/information in this complaint.
Solemnly affirmed at this day of 20
DEPONENT
Verification
I the abovenamed deponent do hereby verify that the contents of the aforesaid Paragraphs 1 to 5 are true and correct to the best of my knowledge and belief and nothing is concealed therefrom.
Verified at this day of 20
DEPONENT
1. Ministry of Personnel, Public Grievances and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 148(E), dated March 2, 2020 and published in the Gazette of India, Extra., Part II, Section 3(i), dated 2nd March, 2020, pp. 15-26, No. 128.