DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
PUNJAB GOVT. GAZ. (EXTRA), MARCH 26, 2013
(CHTR 05, 1935 SAKA)
1.
No. 22-Leg./2013.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 26th March, 2013, is hereby published for general information :
2.
NOTIFICATION
The 26th March, 2013
THE PUNJAB LOKPAL (AMENDMENT) ACT, 2013
3.
()
(Punjab Act No. 22 of 2013) BE it enacted by the Legislature of the State of Punjab in the Sixty fourth Year of the Republic of India as follows :
AN
further to amend the Punjab Lokpal Act, 1996. This Act may be called the Punjab LLokpal (Amendment) Act, 2013.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
135
ACT
In the Punjab Lokpal Act, 1996 (hereinafter referred to as the principal Act), in section 2, in clause (1 ), for the sign ".", the sign and word"; and"
shall be substituted and thereafter, the following clause shall be added, namely :
Appointment
of Lokpal and
Up-Lokpal
"(m) "Up-Lokpal" means a person appointed as such under section 4 of this Act.".
In the principal Act, for section 4, the following section shall be substituted, Substitution of namely :
4. (1) For the purpose of conducting inquiries in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokpal and another person to be known as the Up-Lokpal:
Short title and
commencement.
Amendment in
section 2 of
Punjab Act 3 of
1997.
section 4 of Punjab Act 3 of
1997
a,
GOVT. GAZ. (EXTRA), 26,2013 135
CH , )
ENT OF LEGISLATIVE AFFAIRS, PUNJAB
ICATION
t arch, No. 22-Leg./2013.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 26th March, 2013, is hereby published for general information :—
HE AM MENT) ACT, 2013
ct o. )
Surther to amend the Punjab Lokpal Act, 1996. BE it enacted by the Legislature of the State of Punjab in the Sixty- fourth Year of the Republic of India as follows :—
(1) This Act may be called the Punjab Lookpal (Amendment) Act, 2013.
(2) It shall come into force on and with effect from the date of its bli at n h f icial azet e.
unjab Lokpal Act, 1996 (hereinafter referred to as the principal ct), in t on 2, in clause (1), for the sign ".", the sign and word * ; and"
al bstit ted thereafter, the following clause shall be added, namely :—
" ) " p-Lokpal" eans oint d er Act.".
3. Intheprincipal Act, for section 4, the following section shall be substituted, namely -—
"4. (1) For the purpose of conducting inquiries in accordance with the provisions of this Act, the Governor shall, by ppoint ent } ]
kpal ~~ ar ant der i seal, appoint a person to be Up-Lokpal known as the Lokpal and another person to be known as the Up-Lokpal:
tle
m m t.
e n
on
j ct
19 7.
Substitution of ion
unj ct
1
PUNJAB GOVT. GAZ. (EXTRA), MARCH 26,2013 136
(CHTR 0S, 1935 SAKA)
4.
Provided that the Lokpal shall be appointed on the advice of the Chief Minister who shall consult the Speaker of the Punjab Legislative Assembly, and the Chief Justice of India in case of appointment of a person who is or has beena Judge of the Supremne Courtor Chief Justice of a High Court, and Chief Justice of Punjab and Haryana High Court in case of appointment of a person who is or has been a Judge of a High Court:
Provided further that the Up-Lokpal shall be appointed on the advice of the Chief Minister in consultation with the Lokpal.
(2) The persons appointed as the Lokpal and the Up-Lokpal shall, before entering upon their offices, take and subscribe, before the Governor, or some person appointed in that behalf by him, an oath of affirmation in the form set out for the purpoae in the Schedule appended to this Act.
(3) Aperson shall not be qualified for appointmnent, () as Lokpal, unless he is or has been a Judge of the Supreme Court or Chief Justice or a Judge of High Court in India ; and
(ii) as Up-Lokpal, unless he is or has been a District and Sessions Judge or a Secretary to the Government of Punjab.
(4) The general superintendence, direction and management of affairs of the institution of Lokpal shall vest in the Lokpal, who shall be assisted by the Up-Lokpal and may exercise all such powers and do all such acts and things which may be exercised or done by the Lokpal and autonomously without being subjected to the direction by any other authority under this Act.".,
In the principal Act, for section 5, the following section shall be substituted, Substitution of namely :
"5. The Lokpal and the Up-Lokpal shall not, Lokpal and
Up-Lokpal to
be ineligible to
hold other
offices.
(i) be a Member of Parliament or a Member of the Legislature of any State ;
(ii) hold any office of Trust or profit, other than his office as Lokpal or Up-Lokpal;
section 5 of
Punjab Act 3 of
1997
P NJAB GOVT. GAZ. ( TRA), MARCH 26,2013 136
( TR 05, 1935 S KA)
Provided that t e Lokpal shall be appointed on t e advice of t e Chief Min ster who shall consult the Speaker of the Punjab Legislative Assembly, and the Chief Justice of India in case of appointment f a person who is or has been a Judge ofthe Su me Court or Chief Justice f a High Court, and Chief Justice of Punjab aryana igh Court in case of appointment of a person who i r has een ge of a i h Court :
r vi ed rt er at p-Lokpal hal e pointed
vice of e hief inister consultation with the Lokpal.
(2) The persons appointed as the Lokpal and the Up-Lokpal shall, before entering upon their offices, take and subscribe, before the Governor, or some person appointed in that behalf by him, an oath of mation m t t r se chedule
ed ct.
(3) al ot be ualifi oi t e t,—
i) okpal, l ss e Court or Chief Justice or a Judge of High Court in India ; and
(ii) as p-Lokpal, unless is or has a District Sessions Judge or a Secretary to the Government of Punjab.
(4) eral eri t dence, direction and management of affairs h n pal all est in the Lokpal, who shall be h p- okpal d exercise all such powers and a u a h n i cised or done by the
pal n on ously i t n subjected to the direction by any other a ri u th s ct."
4 In h p n al Act fo se o 5 the fo lowing section shall be substituted, n me —
«5. Th L and the U pal sh l not,—
Lokpal and (i be a M be o Parliament or
a Member of the
U to R
be ineligib e to Legi o any S a
e ;
hou Shes (ii) hold any office of T or p fi oth
er than his
OInCces.
office as L or U okpal ;
Substitution of
section 5 of
Punjab Act 3 of
1997
5.
PUNJAB GOVT. GAZ. (EXTRA), MARCH 26, 2013
(CHTR O5, 1935 SAKA)
(c)
(iüi) be connected with any political party;
(iv) carry on any business ; or and accordingly a person appointed as the Lokpal or the Up-Lokpal, as the case may be, before entering upon his office shall,
(v) practise any profession,
(a) ifhe is a Member of Parliament or of the State Legislature of any State, resign from such membership; or
(i)
137
(b) ifhe holds any office of Trust or profit, resign from such office ; or if he is connected with any political party, sever his connection with it ; or
()
(d) if he is carrying on any business, sever his connection (short of divesting himselfof ownership) with the conduct and management of such business; or
(e) ifhe is practising any profession, cease to practise such profession.".
In the principal Act, in section 6,
in sub-sections (1) and (2), for the word "Lokpal" wherever occurring including in the heading thereof, the words Lokpal or Up-Lokpal" shall be substituted; and
(ii) for sub-sections (3), (4) and (5), the following sub-sections shall be substituted, namely :
"(3) The Lokpal and the Up-Lokpal shall be paid, in respectof time spent on actual service, salary and allowances respectively as under :
drawn by the sitting Chief Justice of the High Court of Punjab and Haryana; and
(i) drawn by the sitting District and Sessions Judge or a Secretary to the Government of Punjab :
Provided that if the Lokpal or the Up-Lokpal is at the time of his appointment in receipt ofa pension (other than disability or wound pension) in respect of any previous service under the Government of India or under the Government of a State, his salary Amendment in
section 6 of
Punjab Act 3 of
1997.
P NJ B GOVT. GAZ. (EXTRA), MARCH 26,2013 137
( TR 05, 1935 S KA)
(i i) be con ected with any political party ;
(iv) car y on any busines ; or
(v) practise any profession, d accordingly a ers n appointed as t e Lokpal or t e Up-Lokpal, as e ase ay be, before entering on his of ice shall,- (a)
)
)
(d) (e) if i a ember f arl ent r f tate egislature of any tate, si n om embership ; r
if he holds any office of Trust or profit, resign from such office ; or e is nnected with any political party, sever his connection it ; r
r i g business, sever his connection (short of
i esti g i self of ownership) with the conduct and management of such busines ;
racti i g profession, cease to practise such profession.".
In h i al ct, n ,—
(1)
(ii)
()
(i) -secti ns (2), for the word "Lokpal" wherever occurring includi in h h of, h or "Lokpal or Up-Lokpal" shall stit ted ;
for sub-sections (3), (4) an (5) he o low s c t s shall be
stit ted, ely :—
"(3) L al an the - okpal sh l paid, in respect of
im sp on se v c salary and a lowance s
respectively as u :—
draw by the si ting hi J st o the H g C r o P and
Haryana ; and
drawn by the sitting District and Sessio Judg or a S to
the Government of P :
P o d tha if the L or the U al is at the time of
h s app n m nt in rec o a pen
o (oth than disability or
w pe o in resp of any p
rev o serv ce und r the
Govern e t of India or und the G nm f State, his salary
Amendment in
o
Punjab Act 3 of
1997.
3
6.
7.
PUNJAB GOVT. GAZ. (EXTRA), MARCH 26,2013 138
(CHTR 05, 1935 SAKA)
in respect of service as Lokpal or Up-Lokpal shall be reduced
(a) by the amount of that pension ;
(b) ifhe has before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension ; and
(c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.
(4) The Lokpal or the Up-Lokpal shall be entitled without payment of
()
namely :
rent the use of an official residence.
(5) The allowances and pension payable to and other conditions of service of the Lokpal or the Up-Lokpal shall be such, as may be determined by the Governor having regard to the allowances and pension payable to and other conditions of service,
(i) of the Chief Justice of the High Court of Punjab and Haryana in the case of Lokpal ; and
(ii) of the District and Sessions Judge or a Secretary of the Government of Punjab in the case of Up-Lokpal:
Provided that the allowances and pension payable to and other conditions of service shall not be variedto disadvantage after appointments:".
In the principal Act, in section 7, for the word
"Lokpal", wherever occurring including in the heading thereof, the words and signs Lokpal or the Punjab Act 3 of
Up-Lokpal, as the case may be," shall be
substituted.
In the principal Act, in section8,
Amendment in
section 7of
"() The Government shall, in consultation with the Lokpal, appoint
Secretaries with the Lokpal as well as with the Up-Lokpal and such other officers and employees, as may be prescribed to assist them in the discharge of their functions (including verification and enquiries in respect of complaints) under this Act."; and
1997.
for sub-section (1 ), the following sub-section shall be substituted, Punjab Act 3 of Amendment in
section 8 of
1997.
A GOVT. Z. E A), MARCH 26,2013 138
C 05, 1935 A)
cur in
p-Lokpal, as a e,
4)
6
principal ct, i g n ing in h i r of, h or s and g "Lo kpal h
(i) - el :— in respect of service as Lokpal or Up-Lokpal shall be reduced h ount h s
(b) if he has before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension ; and
(c) if he has, before such appointment, received a retirement t it n ct s i e, h s
equivalent of that gratuity.
The Lokpal or the Up-Lokpal shall be entitled without payment of h c al den
The allowances and pension payable to and other conditions of service of the Lokpal or the Up-Lokpal shall be such, as may be mi d h overnor o h low ces
pension abl o r nditi ns r ice,~
(i) f h C ief J t e h i ourt nj and Haryana n h kpal ;
(ii) h istrict ss s cret ry h over ent nj n h p-Lokpal:
Provided that the low nces si abl to dit s hal t r o
disadvantage r ointments.".
n 7, or "Lokpal", herever » shall bstituted.
In the principal Act, in tion ,— cti n ), owi g -secti n al s bstitut ed,
"(1 over ment al , nsultation it o kpal, oint
ecretaries i h kpal el i h p-Lo kpal
r f rs ploye s, a r d
sist hem r e ir ct s n
i g
erifi ati n quiries ect f complaints) er
ct.";
mendment
ion o
Punjab Act 3 of
7.
end ent ion
Punjab Act 3
7.
4
PUNJAB GOVT. GAZ. (EXTRA);MARCH 26, 2013
(CHTR O5, 1935 SAKA)
8.
(i1) in sub-section (2), for the word "Lokpal", the words and signs *Lokpalor the Up-Lokpal, as the case may be," shall be substituted.".
In the principal Act, in sections 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 for the word Lokpal, wherever occurring, the words and signs "Lokpal or the Up-Lokpal, as the case may be," shall be substituted.
139
9. In the principal Act, in section 23, for sub-section (2), the following sub- Amendment in section shall be substituted, namely:-
"(2) When the Lokpal is to make any inquiry under sub-section (1), or the same is assigned to the Up-lLokpal by him, the Lokpal or the Up-Lokpal, as the case may, shall exercise the same powers and discharge the same functions as he would in the case of any inquiry made in a complaint under this Act and the provisions of this Act shall apply accordingly.".
"THE SCHEDULE
10. In the principal Act, in sections 25 and 26, for the word Lokpal", Amendment in wherever occurring, the words and signs "Lokpal or the Up-Lokpal, as the case may be," shall be substituted.
[See Section 4(2)]
Amendment in
sections 9, 10,
12, 13, 14, 15,
16, 17, 18, 19,
20, 21 and 22 of Punjab Act 3 of
1997.
11. In the principal Act, for "THE SCHEDULE", the following Schedule Substitution of shall be substituted, namely :
having been appointed as the *Lokpal/Up-Lokpal, do
hereby solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear, favour, affection or ill-will.
*strike out which is not applicable.",
section 23 of
Punjab Act 3 of
1997.
H.P.S. MAHAL,
Secretary to Government of Punjab, Department of Legal and legislative Affairs. sections 25 and
26 of Punjab
Act 3 of 1997.
Schedule of
Punjab Act 3 of
1997
PUNJAB GOVT. GAZ. (EXTRA);MARCH 26,2013 139
( HTR 05, 1935 SAKA)
(i) in sub-section (2), for the word "Lokpal", the words and signs
"Lokpal or the Up-Lokpal, as the case may be," shall be substituted.". :
8. Inthe principal Act, in sections 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 for the word " okpal", wherever occurring, the words and signs "Lokpal or the Up-Lokpal, as the case may be," shall be substituted.
9. I t e principal Act, i secti n 23, for sub-section (2), t e f l ing sub- section shall be substituted, namely :—
"(2) hen okpal is t ake i quiry nder b-section (1), r the same is assigned to the Up-L.okpal by him, the Lokpal or the p-Lokpal, ay, al ercise e wers
i arge e cti ns oul inquiry
ade mplaint under this Act and the provisions of this Act al l ordingly.".
. h cipal ct, t ns 25 and 26, for the word "Lokpal", herever cur ing, h or and signs "Lokpal or the Up-Lokpal, as the case may be," shall be substit t d.
11. In th i al Act, fo "TH DULE", the following S chedule
shall be substituted, n m :-
"THE SCHEDULE [See S o 4(2 I, hav ng been app ed as the *Lokpal/Up-Lo kpal, do
hereby solem a firm that 1 il bear tr ue faith and allegiance to the Constitution of India as by law establishe and that I will duly and faithfully
and to the best of my ab ity know ed and judgment perform the duties of
-
my office without fear, favou , a ffection or ill-w
*strike out which is not a l le
.".
H.P.S. MA
Secretary to Government of Punjab, Department of Legal and legislative Affairs. Amendment in
sections 9, 10,
12, 13, 14, 15,
16,17, 18, 19,
20,21 and 22 of Punjab Act 3 of
1997.
Amendment in section 23 of Punjab Act 3 of
1997.
Amendment in sections 25 and 26 of Punjab Act 3 of 1997. Substitution of Schedule of Punjab Act 3 of
1997