Acts & Rules

S.No.	Description	File
1.	Punjab Lokpal Act 1996 (English Version)	Manual

Draft Rules

PUNJAB GOVERNMENT

GENERAL LEGISLATIVE DEPARTMENT

Notification

No. ._ In exercise of powers conferred by sub-section (1) of Section 27 of the Punjab LokPal Act, 1996 ( Punjab Act 3 of 1997), the Governor of Punjab hereby makes the following rules, regulating the Functions ,Powers, Enquiry and Investigation by the LokPal, namely.-

(1) These rules shall be called the LokPal Punjab (Functions, Powers, Enquiry and Investigation) Rules, 2019.

(2) They shall come into force on the date of publication in the Official Gazette.

2.(1) In these rules, unless the context otherwise requires.-

(a) “Act” means the Punjab LokPal Act, 1996;

(b) “Complainant” means a person who makes a complaint under Section 11 of the Act;

(d) “Investigation” includes any enquiry or other proceedings in connection with the complaint but shall not include a preliminary enquiry;

(e) “Registrar” means the Registrar to the LokPal;

(f) “Section” means the Sections of the Act.

(2) The expressions and the words used in these rules, but not defined herein, shall have the meaning as assigned in the Act

3. Save as otherwise provided in these rules, every complaint under the Act shall be made in Form ‘A’, accompanied by an affidavit in Form ‘B’ in support of its contents, having the following particulars, namely.-

(a) Name and the address of the Complainant;

(b) Name, official designation and the address of the public man against whom the complaint involving the grievance or allegations, is made;

4. A fee of one thousand rupees shall be paid by way of bank draft drawn in favour of Punjab LokPal.

Provided that the LokPal may on an application made by the Complainant in his discretion waive the requirement of fee in an appropriate case.

5. Complaint(s) filled prior to these Rules:

Complaint(s) filed after the commencement of the Act and prior to the enforcement of the Rules, shall be deemed to have been filed under the Rules.

6.Scrutiny and registration of the complaint(s):

(1) On receipt of the complaint, the Registrar shall cause the particulars thereof to be entered in the register of complaints;

(2) If the Registrar is of the opinion that any such complaint is not in conformity with the provisions of the Act or the Rules, he shall within a period of thirty days from the date of its receipt, issue a notice in Form ‘C’ to the Complainant requiring him to rectify the defect within a time specified in the notice;

(3) All the complaints shall be placed before the LokPal for orders, but the complaints regarding which the rectification is called for by the Registrar, shall be placed after the expiry of time stipulated therein or the extended period, if any;

(4) Every person making the complaint under sub-rule (1) of Rule 6, shall be informed in Form ‘D’, if no further action on the complaint is taken.

7.Intimation of the action taken on the complaint shall be intimated to the Hon’ble Governor along with the reasons thereof.

8.Evidence:

While making any enquiry or conducting investigation under the Act, the LokPal on any application being made, may examine any person as a witness for giving evidence or for production of any document in his possession. The person shall be issued a certificate in this regard

9.The LokPal shall be competent to incur reasonable expenditure with the approval of the Government from his consolidated budget to facilitate an efficient and proper working of his office and for proper conduct of the investigation.

Provided further, the LokPal may, by general or special order, delegate these financial powers to any Officer of his office.

10.The LokPal may, in his consolidated annual report, give suggestions for ensuring transparency and minimizing the scope of mis-use or abuse of office by the public man.

11.Where the LokPal decides to conduct any investigation under these rules, he shall forward a copy of the complaint to the accused public man in Form “E’.

12.The procedure for recruitment/appointment of the officers & staff and their conditions of service, shall be as such as shown in the Schedule attached to these rules.

13.The LokPal may, by an order not inconsistent with these rules, provide for matters for which no provision has been made in these rules and may give such directions as may be necessary for giving effect to the provisions of the Act, the Rules and such orders.

14.Subject to the provisions of the Act, the LokPal shall have the powers to regulate the conduct of proceedings, investigations and enquiries in all matters not provided under the Rules.

-.-

FORM ‘A’

Form of Complaint

Before the LokPal, Punjab

Complaint No.______ of _____

(1) Complainant……………………..

Son of/Daughter of/Wife of………

(Description of profession, residence etc.)……

…Complainant

In the matter of allegation(s) against

………………………………………..

Son of/ Daughter of/Wife of………….

holding the office of…………………..

at……………………………………….

…Accused

2) The above-named Complainant is satisfied that the aforesaid

public man,-

(i) has knowingly and intentionally abused his position as

such to obtain any undue gain___________or favour to

himself or to any other person to cause undue harm to any

other person: and /or

(ii) was actuated in the discharge of his functions as such

public man by corrupt motives, and/or

(iii) is guilty of corruption; and/or

(iv) is in possession of pecuniary resources of property dis

-proportionate to his known source of income and such

pecuniary resources of property is held by the public man

personally or by any member of his family or by some other

person on his behalf.

(Strike out the clause or clauses not relevant to the complaint)

To support the allegations, the complainant relies on the following

facts and is also filing an affidavit:-

(1)

(2)

(3)

The complainant has /has not for the same matter resorted

to a remedy by way of proceeding before a tribunal /a court

of law/an authority empowered to decide the matter particulars

of which are as under.—

(give particulars and result, if any)

The necessary deposit of Rs.1000/- has been made vide

demand draft no.________drawn in the name of LokPal,

Punjab, payable at Chandigarh.

PRAYER

It is, therefore prayed that an enquiry be made against the

public man.

……………………..

Signature /thumb mark of the applicant

VERIFICATION

I……………………………….son of/daughter of/wife of

Shri…………………resident

of…………………………………….

hereby verify that the facts stated by me in paras_____to___in

the complaint are true to my personal knowledge and/or the facts

stated by me in paras_____ to ________are based on information

received from _____________(give the name) and/or documents,

and the same are believed by me to be true.

……………………..

Signature /thumb mark of the applicant

FORM “B”

Note:- This affidavit should be got prepared on a non-judicial stamp paper worth Rs. 3/- and then it should be got attested from a notary or on

Oath Commissioner or Magistrate Ist Class.

FORM of AFFIDAVIT

I_________________son of/daughter of/wife of Shri________________ Profession __________________resident

of _______________tehsil_________

District_____________do hereby solemnly affirm and state as follows:-

that I am the complainant in this case;
that the statements of this complaint have been read by/read over to me and understood/heard by me and these are true to the best of my knowledge and belief;
that the facts stated by me in paras______to______are true to the best of my knowledge and belief stated in paras______are based on the information given to me by Shri_____________and/or documents which, I believe to be true.

……………………..

Signature /thumb mark of the applicant

Place………….

Dated…………

Affidavit sworn before me.

Certified that the above averment was declared before me on oath/affirmation this_______day of_____ 20… in the district of _________by Shri_____________/Smt/Miss______________who was identified by Shri/Smt/Miss________________who is personally known to me. The contents of the above affidavit have been read over and explained to the deponent who admitted the same to be correct and true.

………………………………

Designation of the authority before whom affidavit is sworn.

Place________

Dated________

FORM ‘C’

Office of the LokPal, Punjab, Chandigarh.

Proceedings No……….. Dated…………

Shri/Shrimati………………….

Ref. Your complaint dated………..

Your complaint dated………..against Shri/Shrimati…………..

Is found to be deficient in the following particulars. You are hereby requested to supply the omissions

and rectify the defects mentioned below within thirty days after receipt of this communication, failing

which your complaint will be disposed of on the basis of the available material.

Particulars:-

Form No.___ is not filed.

Prescribed fee of Rs.1000/- is to be paid.

Complaint is not signed by the complainant.

Affidavit of the complainant in the prescribed Form ’B’ and/or of the witnesses not enclosed.

Name, designation and address of the public man complained against, not furnished.

Documents relied on or true copies thereof in the custody and control of the complainant not enclosed.

Particulars of documents relied on not in the custody or control of the complainant not furnished.

Required sets of copies of affidavits and documents not enclosed.

Other reasons.

Yours faithfully,

Registrar,

for LokPal of Punjab

FORM ‘D’

Office of the LokPal, Punjab, Chandigarh

Proceedings No………… Dated………..

Shri/Shrimati…………….

Your complaint, dated………containing certain allegations against

Shri/Shrimati……………………..is rejected for the reasons mentioned below…………………..:-

Reasons for rejection of the complaint:

1.The defects and /or omissions pointed out in proceedings No………have not been rectified and or supplied.

2.The complaint does not disclose an allegation which can be investigated by the LokPal.

3.There are no sufficient grounds for investing the complaint.

4.Other remedies are available to the complainant and in the circumstances of the case, it would be more

proper for the complainant to avail of such remedies.

5.The public servant against whom the complaint is made, is not one in respect of whom a complaint can be entertained by the LokPal.

6.The complaint is made after the expiry of six years from the date on which the action complained against is

alleged to have taken place.

7.An earlier complaint based on the same allegation, as those made in the present complaint, was previously disposed of by the LokPal or any other authority through proceeding No…….dated……….

8.The prescribed fee of Rs.1000/- has not been paid.

LokPal, Punjab.

FORM ‘E’

Proceedings of the LokPal, Punjab, Chandigarh.

No……………….. Dated………….

Shri/Shrimati…………………..

Ref:- Complaint no……………of………….20

After conducting a preliminary verification into the above complaint, the Hon’ble LokPal,

Punjab, proposes to conduct an investigation into it. So, you are hereby afforded an opportunity

to offer your comments on:-

(i) The complaint, dated …….sent against you by Shri/Shrimati………….. A copy of which is

herewith enclosed along with copies of affidavits produced by the complainant;

(ii) The enclosed statement containing the allegations against you, which the Hon’ble LokPal

proposes to investigate on the grounds mentioned therein.

You may, therefore, submit your comments as aforesaid on………at………before the

Hon’ble LokPal Punjab at his office together with such affidavits of witnesses and documents

in the original and three sets of copies thereof, as you may desire to be examined and

considered before further steps in the investigation are ordered.

You may engage a legal practitioner to represent you.

If you fail to appear in the aforesaid manner and submit your comments as aforesaid,

further investigation may be proceeded with on the basis of the material available.

Registrar

LokPal, Punjab

SCHEDULE

PROCEDURE FOR RECRUITMENT/APPOINTMENT OF OFFICERS, STAFF AND THEIR

CONDITIONS OF SERVICE.

1.The strength and composition of the staff of LokPal shall consist of such number of posts

and such pay scales as are specified against each in Appendix ‘A’.

Provided that nothing contained in these rules shall effect the right of the State

Government to make additions to, or reductions in, the number of such posts or to create

new posts with different designations and scales of pay either permanently or temporarily

in consultation with the LokPal.

2.(a) In respect of any matter for which no provision is made in these rules, the orders of general

application issued from time to time by the State Government shall apply to the posts and

service on the staff of the LokPal.

(b) The conditions of service of persons on the staff of LokPal shall be the same as in the rules

and orders of general application issued from time to time by the State Government in respect

of Government servants holding corresponding appointment as elsewhere.

3. The appointment to all the posts in service shall be made by the LokPal in consultation with the

State Government.

4.In respect of each category of posts specified in Appendix ‘A’, the matter of recruitment/appointment

of officers and staff of LokPal and their minimum qualifications shall be such as are specified in

Appendix ‘B’.

5.The persons appointed to any posts in service shall be governed by their terms of appointment as

detailed in their appointment letter.

6.The seniority, interse, of the members of service shall be determined by the length of continuous

service on any post.

Provided that where there are different cadres of service, the seniority shall be determined

separately in each cadre.

Provided further that in case of members appointed by direct recruitment, the order of merit

determined by the recruiting authority, shall not be disturbed in fixing the seniority.

7.In respect of leave, pension and all other matters, not specifically provided in these rules, the

members of service shall be governed by such rules & regulations as may have been, or made

hereafter be adopted or made by the competent authority under the Constitution of India or under

any law for the time being in force.

8.(1) In the matter relating to discipline, penalties and appeals, the members of service shall be governed

by the Punjab Civil Services (Punishment and Appeal) Rules,1987, as amended from time to time.

Provided that the appointing authority shall be competent to impose the penalties:

Provided further that the appointing authority may in case of minor punishment delegate the

power to impose any of the minor penalties to the Principal Secretary.

(2) The appellate authority in cases where the penalties has been imposed by the LokPal, shall be

the Government.

(3) The appellate authority in cases where the minor penalty has been imposed by an authority lower

than the LokPal, shall be the LokPal

9. Where the appointing authority is of the opinion that it is necessary or expedient to do so, it may,

by order for reasons to be recorded in writing, relax any of the provisions of these rules with respect

to any class or category or persons.

10. Nothing contained in these rules shall affect reservation and other concessions required to be

provided for Scheduled Castes, Backward Classes, Ex-servicemen, physically Handicapped

persons or any other class or category of persons, in accordance with the order issued by the

State Government in this regards from time to time.

Provided that the total percentage of reservation so made, shall not exceed fifty

percent at any time.

APPENDIX ‘A’

STRENGTH AND COMPOSITION OF STAFF OF LOKPAL

Administrative Wing

Secretary - 1
Under Secretary - 1
Superintendent Establishment - 1
Superintendent Accounts - 1
Senior Assistant (Establishment) - 2
Senior Assistant (Accounts) - 2
Driver - 1
Peon - 2
Watchman/Chowkidar - 1

________

Total: 12

________

Judicial Wing

Registrar - 1
Joint Registrar - 1
Reader - 1
Personal Assistant - 1
Translator - 1
Driver - 1
Peon - 2

_________

Total: - 8

_________

Investigation Wing

D.G.P. Investigation - 1

P. - 1
S.P. - 1
Inspector - 1
Assistant Sub Inspector - 2
Head Constable - 5
Constable - 8
Driver - 1
Peon - 1
Watchman/Chowkidar - 1

_________

Total: 22

_________

APPENDIX ‘B’

METHOD OF RECRUITMENT/APOINTMENT AND QUALIFICATIONS

_______________________________________________________

Srl. Category Method of Minimum

No. of posts recruitment Qualification

_______________________________________________________

1. Commissioner From IAS cadre of Punjab

-cum-Secretary Government

2. Registrar By re-employment from

retired District & Sessions

Judge/Addl. District & Sessions

Judge, by issuing advertisement.

The post is to be filled on

contract basis.

3. Joint Registrar By re-employment from the post of

retired Joint Registrar or having retired

from the equivalent post, by issuing

advertisement. The post is to be filled

on contract basis

4. Under Secretary Appointment by the General

Administration Deptt. of the

Government of Punjab.

5. Private Secretary Appointment by the General

to Lok Pal Administration Deptt. of the

Government of Punjab.

6. Personal Assistant By re-employment from the

retired Personal Assistants

by issuing advertisement.

The post is to be filled on

contract basis.

7. Reader By re-employment of

retired Readers having retired

from Punjab & Haryana High

Court. The post is to be filled

on contract basis.

8. Superintendent Appointment by the General

Administration Deptt. of the

Government of Punjab.

9. Public Prosecutor/ By requisition from the Department

Dy. District Attorney of Legal & Legislative Affairs,

as & when required.

10. Sectional Officer Appointment by the State

(Finance) Government from the Finance

Department, having good

experience in dealing with the

Financial matters.

11. Assistant Appointment by the General

Administration Deptt. of the

Government of Punjab.

12. Senior Scale Appointment by the

Stenographer General Administration Deptt.

of the State Government, as

and when required.

13. Translator Appointment of retired persons

having experience on the post of

Translator, through advertisement

on contract basis.

14. Typist/Data Entry On deputation from the Governance

Operator/ Reforms Deptt. of the State Govt.

I.T. Assistant

15. Clerk Appointment by the General

Administration Deptt. of the

Government of Punjab.

16. Driver Appointment by the Off ice of

LokPal, Punjab.

17. Record Appointment by the General

Supervisor Administration Deptt. of the

Government of Punjab.

18. Peon/Sweeper/ Appointment through advertisement

Chowkidar-cum by the office of LokPal

Sweeper Punjab, on contract basis.

19 . Cook Appointment through advertisement

by the office of LokPal, Punjab. The

person should be well versed in

cooking having minimum 10 years of

experience. The post is to be filled on

contract basis.

20. Mali Appointment through advertisement

by the office of LokPal, Punjab. The

person should be well versed in

gardening. The post is to be filled on

contract basis.

Personal staff attached with the LOKPAL, Punjab

Peon - 2

Mali - 1

Sweeper - 1

Cook - 1

______

Total: - 5

_______