The Institution of Lokpal has been established under the Punjab Lokpal Act, 1996 with a view to check corruption in high places. The office of Lokpal has been taking cognizance of complaints made against ‘public men’ for the misconduct.

The Institution of Lokpal is a quasi-judicial authority committed to secure proper investigation of enquiry against ‘public men’ and thereby ensuring eradication of corruption, adherence to the rule of law by observing rules of natural justice.

The main characteristics of the Punjab Lokpal Act and rights of common man in respect of said Institution are enshrined in Punjab Lokpal Act, 1996. The main features of the said Act are enunciated hereunder:

The definition of complaint is: ‘complaint’ means a complaint alleging that a public man has while holding any of the offices referred to in clause (k) committed misconduct:

(k) “Public man” means, a person who holds or has held the office of :-

1. a Minister which also includes Chief Minister; 
2. a Member of the Legislative Assembly of the State;
3. The Chairman and a Member of a Board constituted by or under the State or Central Act or otherwise;
4. the Chairman of any Government company within the meaning of section 617 of the Companies Act, 1956, in which not less than fifty-one per cent of the paid up share capital is held by the State Government or any company which is subsidiary of a company in which not less than fifty-one per cent of the paid up share capital is held by the State Government; and
5. The Chairman and a Member of any non statutory Committee nominated by the State Government;
6. The Chairman and the Vice Chairman of the Zila Parishad constituted under the Punjab Panchayati Raj Act, 1994, including its officials;
7. Mayor, Senior Deputy Mayor of a Municipal Corporation constituted under the Punjab Municipal Corporation Act, 1976, including its officials; and
8. The President and the Vice-President of a Municipal Council or Nagar Panchayat constituted under the Punjab Municipal Act, 1911, including its officials; and

Section 3 - Misconduct by public man

1. A Public man commits misconduct"
1. if he is actuated in the discharge of his functions as such public man by motives of personal interest or other improper or corrupt motives; or
2. if he abuses, or attempts to abuse his position as such public man to cause harm or undue hardship to any other person; or
3. if he directly allows his position as such public man to be taken advantage of by any of his family member and by reason thereof such family member secures any undue gain or favour to himself or to another person or causes harm or undue hardship to another person; or
4. if any act or omission by him constitutes corruption; or
5. if he is in possession of pecuniary resources or property disproportionate to his known sources of income and such pecuniary resources or property is held by public man personally or by any member of his family or by some other person on his behalf.
2. A Legislator commits misconduct if he abuses or attempts to abuse or knowingly allows to be abused his position as such legislator for securing for himself directly or indirectly any valuable thing or pecuniary advantage.
3. A ‘public man’ who abets or conceals or attempts to conceal from detection the commission of misconduct of the nature specified in sub-section (1) or, as the case may be, sub-section (2), by another public man, also commits misconduct.

Explanation. "For the purpose of this section"

1. "Associate" in relation to a public man includes any person in whom such public man is interested;
2. "Legislator" means a person who is a member of the Legislative Assembly of the State;
3. "Members of family" in relation to a public man includes"

1. the wife or the husband, as the case may be, of the public man, whether residing with the public man or not but does not include a wife or husband, as the case may be, separated from the public man by a decree or order of a competent court;
2. son or daughter or step-son or step-daughter of the public man and wholly dependent on him but does not include a child or step child who is no longer in any way dependent on the public man or of whose custody the public man has been deprived by or under any law;
3. any other person related, whether by blood or marriage to the public man or to the public man's wife or husband and wholly dependent on the public man.
4. "complaint against a legislator" means a complaint alleging misconduct by a person who, at the time of the alleged commission of such misconduct was a Member of the Legislative Assembly of the State;
5. "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code, 1860 or under the Prevention of Corruption Act, 1988;
6. "Minister" means a member of the Council of Ministers by whatever name called, for the State of Punjab, that is to say the Chief Minister, Minister, Minister of State, Deputy Minister, Chief Parliamentary Secretary and Parliamentary Secretary;
7. "Misconduct" means misconduct (whether committed before or after the commencement of this Act or within or outside India) of the nature specified in section 3;
8. "Public servant" shall have the same meaning as given in section 21 of the Indian Penal Code, 1860.

Section 9 - Jurisdiction of Lokpal

1. Subject to the other provisions of this Act, the Lokpal may inquire into any matter involved in, or arising from, or connected with any allegation of misconduct against public man made in a complaint under this Act.
2. The onus to prove the allegation shall be on the .complainant but the Lokpal may collect evidence and may call upon the person against whom a complaint is made to produce evidence.
3. *****.]

Section 10 - Jurisdiction

1. The Lokpal shall enquire into an allegation of misconduct against a public man within five years from the date of occurrence of that misconduct.
2. Notwithstanding anything contained in sub-section (3), the complaints filed under the provisions of the Punjab Lokpal Act, 1995 (Punjab Act 9 of 1995) shall also be enquired into by the Lokpal.
3. The Lokpal shall not enquire into any matter which has been referred for enquiry under the Commission of Inquiry Act, 1952 on his recommendations or with his prior concurrence.
4. The Lokpal shall not enquire into any complaint suo-moto.

Section 11 - Complaints

1. Any person other than a public servant may make a complaint under this Act to the Lokpal.
2. ****.]
3. The complaint shall be in the prescribed form and shall set forth particulars of the misconduct alleged and shall be accompanied by an affidavit in support of the allegation of misconduct and the particulars thereof and a certificate in the prescribed form in respect of the deposit referred 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.

Section 12 - Preliminary scrutiny of complaints by Lokpal

1. If the Lokpal is satisfied after considering a complaint and after making such verification, as he deems appropriate"
1. that he cannot make any inquiry in respect of the complaint by reason of the provisions of2 [sub-section (3) of section 10]; or
2. that the complaint is not made within the period as specified in sub-section 3[(!)] of section 10 and that there is no sufficient cause for entertaining the complaint; or
3. that the complaint is frivolous or vexatious or is not made in good faith; or
4. that there are no sufficient grounds for inquiring into the complaint;

the Lokpal shall dismiss the complaint after recording his reasons thereof and communicate the same to the complainant and to the competent authority concerned.

1. The procedure for verification in respect of a complaint under subsection (1) shall be such, as the Lokpal may deem appropriate in the circumstances of the case and in particular the Lokpal may, if he deems it necessary to do so, call for the comments of the public man concerned.
2. Any order affecting the rights of the person complained against, shall be a speaking order.

Section 13 - Procedure in respect of inquiries

1. If, after the consideration and verification under section 12 in respect of a complaint the Lokpal proposes to conduct an inquiry, he,"
1. shall forthwith forward a copy of the complaint to the competent authority;
2. may make such orders as to the safe custody of documents relevant to the enquiry as he deems fit;
3. shall at such time as he considers appropriate, forward a copy of the complaint to the public man concerned and afford him an opportunity 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 may consider appropriate in the circumstances of the case keeping in view the rules of natural justice as enunciated by the Supreme Court of India and the High Court. The person against whom a complaint has been made shall not be compelled to be witness against himself.

Section 14 - Evidence

1. Subject to the provisions of this section, for the purpose of any enquiry including the verification under section 12, the Lokpal"
1. may require any public servant or any other person, who, in his opinion is able to furnish information or produce documents relevant to such inquiry, to finish any such information or produce any such document;
2. shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, only in respect of the following matters, namely :"
1. summoning and enforcing the attendance of any person and examining him on oath ;
2. requiring the discovery and production of any document;
3. receiving evidence on affidavits ;
4. requisitioning any public record or copy thereof from any court or office ;
5. issuing commissions for the examination of witnesses; and
6. such other matters as may be prescribed.
2. A proceeding before the Lokpal shall be deemed to be a judicial proceeding under the meaning of section 193 of the Indian Penal Code, 1860.
3. Subject to the provisions of sub-section (4)"
1. no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the Government or any public servant whether imposed by any enactment or by any provision of law whatever, shall apply to disclosure of information for the purposes of any inquiry (including the verification under section 12) under this Act; and
2. the Government or any public servant shall not be entitled, in relation to any verification or inquiry, to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any enactment or by any provision whatsoever in legal proceedings.
4. No person shall be required or authorised by virtue of this Act to furnish any information or answer any such question or produce so much of any document"
1. as might prejudice the security of the State or the defence or international relations of India (including India's relations with the Government of any other country or with any international organisation), or the investigation or detection of crime; or
2. as might involve the disclosure of proceeding of the Council of Ministers or of any Committee thereof, and for the purpose of this sub-section, a certificate issued by a Secretary to the Government certifying that any information, answer or portion of a document, is of the nature specified in clause (a) or clause (b) shall be binding and conclusive:

Provided that the Lokpal may require any information or answer or portion of document in respect of which a certificate is issued under this sub-section to the effect that it is of the nature as specified in clause (b) to be disclosed to him in private for scrutiny and if on such scrutiny the Lokpal is satisfied that such certificate ought not to have been issued, he shall declare the certificate to be of no effect.

Section 18 - Secrecy of Information

1. Any information obtained by the Lokpal or by any officer, employee, agency or person referred to in section 8, in the course of or for the purposes of any verification or inquiry under the Act, and any evidence recorded or collected in connection therewith shall be treated as confidential and, notwithstanding anything contained in the Indian Evidence Act, 1872, no Court shall be entitled to compel the Lokpal or any such officer, employee, agency or person to give evidence relating to such officer, employee, agency or person to give evidence relating to such information or to produce the evidence so recorded or collected.
2. Nothing in sub-section (1), shall apply to the disclosure of the information or evidence referred to therein"
1. for the purpose of this Act or for the purposes of any action or proceedings to be taken on any report under section 16; or
2. for the purposes of any proceedings, for any offence of giving or fabricating false evidence under the Indian Penal Code, 1860; or
3. for such other purposes, as may be prescribed.

Section 19 - Penalty for disclosure of publication of information in respect of complaints against

1. No complaint against a '[public man] or any proceedings (whether by way of verification, inquiry or otherwise) in respect of such complaint or proceedings (including any evidence furnished, collected or recorded in relation to such complaint or in the course of or for the purpose of such proceedings) shall be disclosed or published by any person"
1. where 2[******] the Lokpal conducts an inquiry into such complaint under section 13 at any time before he closes the case under clause (a) of sub-section (1) of section 16, or as the case may be, before he makes a report in respect of the case under clause (b) of that sub-section ;
2. In any other case, before the competent authority concerned disclose or announces in the prescribed manner the findings in respect of the allegations made in such complaint:

Provided that nothing in this sub-section shall apply"

1. to any disclosure for the purpose of this Act; or
2. to any disclosure or publication with respect to proceedings for any offence under this Act or any other law; or
3. to any disclosure or publication for such other purposes as may be approved by the competent authority.
1. Whoever contravenes the provisions of sub-section (1), shall be punished with imprisonment for a term which may extend to '[six months] or with a fine of rupees two thousand or with both.
2. The provisions of this section shall have effect notwithstanding anything contained in any other section of this Act or in any other enactment.

Section 20 - Power of Lokpal to try certain offences summarily

1. Whoever intentionally offers any insult, or causes any interruption, to the Lokpal while the Lokpal is making any verification or conducting any inquiry under this Act, shall be punished with simple imprisonment, for a term which may extend to one month or with fine of rupees two thousand or with both.
2. Whoever by words spoken or intended to be read makes or publishes any statement, or does any other act, which is calculated to bring the Lokpal into disrepute shall be punished with simple imprisonment for a term which may extend to one month or with fine of rupees two thousand or with both.
3. The provisions of sub-section (2) of section 199 of the Code of Criminal Procedure, 1973, shall apply in relation to an offence under sub-section (1) or subsection (2) as they apply in relation to an offence referred to in subsection (2) of the said section 199, subject to the modification that no complaint in respect of such offence shall be made by the Public Prosecutor except with the previous sanction of the Lokpal.

Section 21 - Intentional insult or interruption to or bringing into disrepute Lokpal

1. If at any stage of proceeding before the Lokpal, it appears to the Lokpal that any person appearing in such proceedings and knowingly or wilfully has given false evidence or had fabricated false evidence with the intention that such evidence shall be used in such proceedings, the Lokpal may, if satisfied that it is necessary and expedient in the interest of justice that the person should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may after giving the offender a reasonable opportunity of showing cause and adducing evidence as to why he should not be punished for such offence, try such offender summarily, so far as may be, in accordance with the procedure specified for summary trials under the Code of Criminal Procedure, 1973, and sentence him to imprisonment for a term which may extend to one month, or to fine which may extend to five hundred rupees, or with both.
2. When any such offence as is described in section 175, 178, 179 or section 180 of the Indian Penal Code is committed in the view or presence of the Lokpal, the Lokpal may cause the offender to be detained in custody and may, at any time on the same day, take cognizance of the offence and after giving the offender a reasonable opportunity of showing cause and adducing evidence as to why he should not be punished under this section sentence the offender to simple imprisonment for a term which may extend to fortnight or an fine which may extend to five hundred rupees, or with both.
3. In every case tried under this section, the Lokpal shall record the facts constituting the offence with the statement (if any) made by the offender as well as the finding and the sentence.
4. Any person convicted on a trial held under this section may appeal to the High Court and the provisions of Chapter XXIX of the Code of Criminal Procedure, 1973, shall, so far as may apply to appeals under this section and the High Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. The Lokpal shall after pronouncing the punishment suspend its commencement for a period of one month to enable the aggrieved party to approach the High Court in an appeal and a copy of the order shall be furnished free of cost to a person who has been convicted under section 20 and 21 of the Act.
5. The provisions of this section shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973.

Section 22 - Action in case of false complaint

1. Every person who wilfully or maliciously makes any compliant which he knows or has reason to believe to be false under this Act shall be punished with imprisonment for a term which may extend to one year and shall also be liable to fine which may extend to five thousand rupees.
2. No court except a court of Session, shall take cognizance of an offence under sub-section (1).
3. No such court shall take cognizance of such offence except on a complaint in writing made by the Public Prosecutor at the direction of the Lokpal and the court of Session may take cognizance of the offence on such complaint without the case being committed to it.
4. The Court of Session, on conviction of the person making false complaint may award, out of the amount of fine to the public man against whom such false complaint has been made, such amount of compensation as it thinks fit.
5. The provisions of this section shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973.

The institutions of Lokpal and Lokayukta are established to deal with corruption and mal-administration. The Institution of Lokpal is to be established at Centre and Lokayukta in the States. The purpose and object of both the Institutions is to eradicate corruption from public life. The institution of Lokayuktas has been established in many States by State Legislations. In as many as 17 States, such institutions have been established. Orissa was the first where the institution of Lokayukta was established in the year 1971. The power, functions and jurisdiction of Lokayuktas are not the same in all the States. In some States, it has been made applicable to all the elected members including the Chief Minister and in some States the Legislators have been deliberately kept out of its purview. In some States, the public servants have been placed under the jurisdiction of Lokayukta and in some States they are kept out of its purview. In some States, the Lokayukta has been provided independent investigation machinery whereas in some other it is not so provided. In some States, even prosecutory powers have also been given to Lokayukta. In the States like, Karnatka and Madhya Pradesh, the institution of Lokayukta is stronger as compared to other States.

It appears that there is no serious political will to strengthen the Institutions like Lokpal and Lokayukta. Though Lokpal and Lokayukta Acts were enacted by the Parliament in 2013 but till date, no Lokpal has been appointed in the Centre. These Institutions are protecting the citizens’ rights against mal-administration, corruption, delay, insufficiency, non-transparency, abuse of position and improper conduct etc.

The concept of Lokpal and Lokayukta was brought on books with a thundering applause and cheers, for it was understood as a convenient tool to keep eye on those going out of track or who are indulging in corrupt practices and making erosion in human rights. The idea to establish such Institutions was greeted by public at large, but its effectiveness did not surface owing to lack of adequate powers. Snatching one’s rights or even an intrusion into the rights of the others for own gains and indulging into actions having no seal of legal approval are the two primary concerns of such Institutions to be probed into. Now, the time has come that these Institutions are strengthened by giving more financial and administrative powers and independence. These Institutions should be free from Governmental and bureaucratic control.

To eradicate corruption from public life, institutions of Lokpal and Lokayukta have been established and they are dealing with the issue of corruption to their best and within power and authority given to them. But, in my opinion, the institutions of Lokpal and Lokayukta may not be sufficient to completely eradicate corruption from the society. Various other methods also have to be adopted to check corruption.

Few of such methods may be:

1. To provide strong deterrence for abuse of powers by public functionaries including the public servants.
2. Good governance
3. Rule of Law
4. Free Press
5. Right to Information Act should be strengthened and every information about public expenditure should be easily made available.
6. Strong standard of integrity of public officials should be maintained.
7. Independent Judicial System.

Yet another aspect which needs a special mention here is to bring more and more awareness of the existence and functioning of the Institutions of Lokpal and Lokayukta. Our expectations are very high on the young generation, who should take initiatives and apprise each and everyone about these Institutions.

Section 23 - Protection

1. The Governor may in consultation with the Chief Minister and by an order in writing and subject to such conditions or limitations as may be specified in the order require the Lokpal to inquire into any allegations of misconduct specified in the order in respect of a public man and notwithstanding anything contained in this Act, the Lokpal shall comply with such order.
2. When the Lokpal is to make any inquiry under sub-section (1), the Lokpal shall exercise the same powers and discharge the same functions as he would in the case of any inquiry made on a complaint under this Act and the provisions of this Act shall apply accordingly.

Section 24 - Power to delegate

If, the Lokpal is satisfied :"

1. that all or any of the allegations made in a complaint have or has been substantiated either wholly or partly; and
2. that having regard to the expenses incurred by the complainant in relation to the proceedings in respect of such complaint and all other relevant circumstances of the case the complainant deserves to be compensated or rewarded, the Lokpal may recommend to the Government, the amount which may be paid to the complainant by way of such compensation or reward and the State Government may pay the amount so recommended to the complainant.

Section 25 - Conferment of additional functions on Lokpal

1. No suit, prosecution or other legal proceedings shall lie against the Lokpal, or against any officer, employee, agency or person referred to in section 8, in respect of anything which is done in good faith or intended to be done under this Act.
2. Save as otherwise provided in section 21, no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question, in any court.

Section 26 - Compensation or reward or both payable in certain cases to complainant

The Lokpal may, by general or special order in writing and subject to such conditions and limitations as may be specified therein, direct that any powers conferred or duties imposed on him by or under this Act except the powers to dismiss complaint under sub-section (1) of section 12, the powers to close cases and make reports under section 16 and the power under section 21, may also be exercised or discharged by such of the officers, employees or agencies referred to in sub-section (1) or sub-section (2) of section 8, as may be specified in the order.

Section 27 - Power to make rules

1. The State Government may, by notification, in the Official Gazette and subject to the condition of previous publication make rules for carrying out the purpose of this Act. ,
2. Every rule under this Act shall be laid as soon as may be, after it is made before the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 28 - Saving

The provisions of this Act, shall be in addition to the provisions of any other enactment or any rule or law under which any remedy by way of appeal, revision or any other manner is available to a person making complaint under this Act in respect of any action and nothing in this Act shall limit or affect the right of such person to avail of such remedy.

Section 29 - Repeal and Savings

1. The Punjab Lokpal Ordinance, 1996 (Punjab Ordinance 4 of 1996), is hereby repealed.
2. Notwithstanding such repeal anything done or any action taken under the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act.