LexThe PUNJAB LOKPAL ACT, 1996
Punjab · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB LOKPAL ACT, 1996
(PUNJAB ACT 3 OF 1997)
(As amended upto the 31stOctober, 2025)
2025
THE PUNJAB LOKPAL ACT, 1996
CONTENTS
Preamble
Sections
PRELIMINARY
1. Short titleand commencement
2. Definitions
3. Misconduct by public man
MACHINERY FOR ENQUIRIES
4. Appointment of Lokpal and Up-Lokpal
5. Lokpal and Up-Lokpal to be ineligible to hold other offices
6. Term of office and other conditions of service of the Lokpal or
Up-Lokpal
7. Removal of Lokpal or the Up-Lokpal
8. Staff of Lokpal
JURISDICTION AND PROCEDURE IN RESPECT OF
INQUIRIES
9. Jurisdiction of Lokpal or the Up-Lokpal
10. Matters not subject to jurisdiction of Lokpal or the Up-Lokpal
11. Complaints
12. Preliminary scrutiny of complaints by Lokpal or the Up-
Lokpal
13. Procedure in respect of inquiries
14. Evidence
15. Search and seizure
16. Reports
MISCELLANEOUS
17. Expenditure on Lokpal to be charged on the Consolidated
Fund of the State
18. Secrecy of information
19. Penalty for disclosure of publication of information in respect
of complaints against Legislator
20. Intentional insult or interruption to or bringing into disrepute
Lokpal or the Up-Lokpal
21. Power of Lokpal or the Up-Lokpal to try certain offences
summarily
22. Action in case of false complaint
23. Conferment of additional functions on Lokpal
24. Compensation or reward or both payable in certain cases to
complainant
25. Protection
26. Power to delegate
27. Power to make rules
28. Saving
29. Repeal and Savings
THE SCHEDULE
1THE PUNJAB LOKPAL ACT, 1996
(Punjab Act No. 3 of 1997)
[Received the assent of the Governor of Punjab on the 13th
January, 1997 and was first published for general information in
the Punjab Government Gazette (Extraordinary), Legislative
Supplement, dated the 16th January, 1997.]
1 2 3 4
Year No. Short Title Whether repealed or
otherwise affected by the
legislation
1997 3 The Punjab
Lokpal Act,
1996
2Amended by Punjab Act
No. 1 of 1998
Amended by Punjab Act
No. 4 of 2006
Amended by Punjab Act
No. 2 of 2010
Amended by Punjab Act
No. 22 of 2013
Amended by Punjab Act
No. 23 of 2013
An Act to remove certain deficiencies in the Punjab Lokpal Act,
1995 and to provide for certain safe -guards which were missing
in this Act 3[***] to secure proper investigation of enquiry
against publicmen and thereby ensuring eradication of
corruption, adherence to the rule of law by observing rules of
natural justice.
BE it enacted by the Legislature of the State of Punjab in the
Forty- seventh Year of the Republic of India as follows:-
PRELIMINARY
1. (1) This Act may be called the Punjab Lokpal Act, 1996.
1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),
dated the 23rdDecember, 1996, page 1758-1759.
2For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),
dated the 18thDecember, 1997, page 2820.
3Omitted by Punjab Act No. 1 of 1998, Section 2
Short title and
commencement.
(2) It shall come into force immediately.
2. In this Act, unless the context otherwise requires -
(a) "competent authority" in relation to a complaint
against a public man means the Governor;
(b) "complaint" means a complaint alleging that a public
man has, while holding any of the offices referred to
in clause (k) committed misconduct;
(c) "complaint against a legislator" mean s 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;
(d) "corruption" includes anything made punishable under
Chapter IX of the Indian Penal Code, 1860 or under
the Prevention of Corruption Act, 1988;
(e) "Governor" means the Governor of the State of
Punjab;
(f) "High Court" means the High Court of Punjab and
Haryana;
1[(g) "Lokpal" means a person appointed as such under
section 4 of this Act].
2[(h) "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 and Deputy Minister;]
(i) "Misconduct" means misconduct (whether committed
before or aft er the commencement of this Act or
within or outside India) of the nature specified in
Section 3;
(j) "Prescribed" means prescribed by rule made under
this Act;
(k) "Public man" means a person who holds or has held
the office of:-
(i) a Minister;
3[(i-a) The Chief Parliamentary Secretary and
Parliamentary Secretary;]
1Substituted by Punjab Act No. 1 of 1998, Section 3
2Substituted by Punjab Act No. 2 of 2010, Section 2 (a)
3Inserted by Punjab Act No. 2 of 2010, Section 2 (b)
Definitions.
(ii) a Member of the Legislative Assembly of the
State;
(iii) The Chairman and a Member of a Board
constituted by or under the State or Central Act
or otherwise;
(iv) 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 f ifty one per cent of the paid -up share
capital is held by the State Government;
(v) The Chairman and a Member of any non -
statutory Committee nominated by the State
Government;
1[(vi) The Chairman and the Vice -Chairman of the
Zila Parishad constituted under the Punjab
Panchayati Raj Act, 1994, including its
officials;
(vii) Mayor, Senior Deputy Mayor, Deputy Mayor of
a Municipal Corporation constituted under the
Punjab Municipal Corporation Act, 1976,
including its officials; and
(viii) The President and the Vice-President of a
Municipal Council or Nagar Panchayat
constituted under the Punjab Municipal Act,
1911, including its officials.]
(l) "Public servant" shall have to same meaning as given
in Section 21 of the Indian Penal Code, 1860; and
2[(m) “Up-Lokpal” means a person appointed as such under
section 4 of this Act.]
3. (1) A public man commits misconduct -
(a) 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
1Added by Punjab Act No. 23 of 2013, Section 2
2Added by Punjab Act No. 22 of 2013, Section 2
Misconduct by
public man.
(b) if he abuses, or attempts to abuse, his position
as such public man to cause harm or undue
hardship to any other person; or
(c) 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 secure s any undue gain or
favour to himself or to another person or causes
harm or undue hardship to another person; or
(d) if any act or omission by him constitutes
corruption; or
(e) 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 c ommits 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 attemp ts 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 -
(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
of the Legislative Assembly of the State;
(c) "Members of family" in relation to a public man
includes -
(i) 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;
(ii) son or dau ghter 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;
(iii) 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.
MACHINERY FOR ENQUIRIES
1[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:
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 been a Judge of the
Supreme Court or Chief Justice of a High Cou rt, 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 purpose in
the Schedule appended to this Act.
(3) A person shall not be qualified for appointment, -
(i) as Lokpal, unless he is or has been a Judge of the
Supreme Court or Chief Justice or a Judge of the High
Court in India; and
1Substituted by Punjab Act No. 22 of 2013, Section 3
Appointment of
Lokpal and Up-
Lokpal.
(ii) as Up-Lokpal, unless he is or has been a Di strict 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 b eing subjected to the direction by
any other authority under this Act.]
1[5. The Lokpal and the Up-Lokpal shall not, -
(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;
(iii) be connected with any political party;
(iv) carry on any business; or
(v) practise any profession,
and accordingly a person appointed as the Lokpal or the Up -
Lokpal, as the case may be, before entering upon his office shall, -
(a) if he is a member of Parliament or of the State
Legislature of any State, resign such membership; or
(b) if he holds any office of T rust or profit resign from
such office; or
(c) 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 himself of ownership) with the
conduct and management of such business; or
(e) if he is practising any profession cease to practice
such profession.]
1Substituted by Punjab Act No. 22 of 2013, Section 4
Lokpal and Up-
Lokpal to be
ineligible to hold
other offices.
1[6. (1) The person appointed as 2[Lokpal or Up-Lokpal] shall
hold office Term of office for a term of 3[six years] from the date
on which, he enters upon his office:
Provided that -
(a) The 12[Lokpal or Up -Lokpal] may, by writing
under his hand addressed to the Governor,
resign his office;
(b) The 12[Lokpal or Up-Lokpal] may be removed
from his office in the manner provided in
section 7 of this Act;
(2) On ceasing to hold office the 12[Lokpal or Up -
Lokpal] shall be ineligible for further employment (whether as
12[Lokpal or Up-Lokpal] or in any other capacity) unde r the State
Government or in any employment under or office in any local
authority, corporation, G overnment company of the State
Government as is referred to in sub -clause (iv) of clause (k) of
section 2 of this Act.
4[(3) The Lokpal and the Up -Lokpal shall be paid , in
respect of time spent on actual service ,salary and allowances,
respectively as under: -
(i) drawn by the sitting Chief Justice of the High Court of
Punjab and Haryana; and
(ii) 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 of a 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
in respect of service as Lokpal or Up-Lokpal shall be reduced-
(a) by the amount of that pension;
(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
1Substituted by Punjab Act No. 1 of 1998, Section 6
2Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 5 (i)
3Substituted for words “four years” by Punjab Act No. 4 of 2006, Section 2 (a)
4Substituted by Punjab Act No. 22 of 2013, Section 5 (ii)
Term of office and
other conditions of
Service of the Lokpal
or Up-Lokpal.
(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 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 havin g 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 varied to disadvantage after
appointments.]
7. (1) Subject to the provisions of Article 311 of the
Constitution of India , the 1[Lokpal or the Up -Lokpal, as the case
may be, ] may be removed 2[from his office] by the Governor on
the ground of misbehaviour or incapacity and on no other ground :
Provided that the inquiry required to be held under
clause (2) of the said Article before such removal shall only be held
by a person appointed by the Governor being a person who is or
has been a Judge of the Supreme Court or a Chief Justice or Judge
of the High court.
(2) Notwithstanding anything contained in sub-section (1)
the Governor shall not remove the 3[Lokpal or the Up -Lokpal, as
the case may be, ] unless an address by the State Legislature
supported by a majority of the total membership of the House and a
majority of not less than two third of the membe rs of the House
present and voting, has been presented to the Governor in the same
session for such removal.
8. 4[(1) The Government shall, in consultation with
the Lokpal, appoint Secretaries with the Lokpal as well as with the
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 6
2Substituted for words “from their respective offices” by Punjab Act No. 1 of 1998, Section 7
3Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 6
4Substituted by Punjab Act No. 22 of 2013, Section 7
Removal of
Lokpal or the
Up-Lokpal.
Staff of Lokpal.
Up-Lokpal and such other officers and employees , as may be
prescribed to assist them in the discharge of their functions
(including verification and inquiries in respect of complaints)
under this Act.]
(2) Without prejudice to the provisions of sub -section (1),
the 1[Lokpal or the Up -Lokpal, as the case may be, ] may for the
purpose of dealing with any complaints, or any classes of
complaints, secure the services of any officer or employees or
investigating agency of the Central Government or State
Government with the concurrence of that Government.
(3) The terms and conditions of service of the officers and
employees referred to in sub -section (1) and of the officers,
employees, agencies and persons referred to in sub -section (2)
(including such special conditions as may be considered necessary
for enabling them to act without fear in the discharge of their
functions) shall be as may be prescribed by the Government in
consultation with the Lokpal.
JURISDICTION AND PROCEDURE IN RESPECT OF
INQUIRIES
9. (1) Subject to the other provisions of this Act, the
2[Lokpal or the Up -Lokpal, as the case may be,] 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 20[Lokpal or the Up -Lokpal, as the case may
be,] may collect evidence and may call upon the person against
whom a complaint is made to produce evidence.
3[(3) ****]
4[10. (1) The 20[Lokpal or the Up -Lokpal, as the case may
be,]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
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 7
2Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
3Omitted by Punjab Act No. 1 of 1998, Section 9
4Substituted by Punjab Act No. 1 of 1998, Section 10
Jurisdiction of
Lokpal or the
Up-Lokpal.
Jurisdiction.
Act, 1995 (Punjab Act No. 9 of 1995) shall also be enquired into
by the 1[Lokpal or the Up-Lokpal, as the case may be,].
(3) The 23[Lokpal or the Up -Lokpal, as the case may
be,]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 23[Lokpal or the Up -Lokpal, as the case may
be,]shall not enquire into any complaint suo moto.]
11. (1) Any person other t han a public servant may make a
complaint under this Act to the Lokpal.
2[(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 3[one
thousand rupees] as fee.
12. (1) If the 23[Lokpal or the Up -Lokpal, as the case may
be,]is satisfied after considering a complaint and after making such
verification, as he deems appropriate -
(a) that he cannot make any inquiry in re spect of
the complaint by reason of the provision
of 4[sub-section 3 of section 10]; or
(b) that the complaint is not made within the period
as specified in sub-section 5[(1)] of section 10
and that there is no sufficient cause for
entertaining the complaint; or
(c) that the complaint is frivolous or vexatious or is
not made in good faith; or
(d) that there are no sufficient grounds for inquiring
into the complaint;
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
2Omitted by Punjab Act No. 1 of 1998, Section 11 (i)
3Substituted for words “five thousand rupees” by Punjab Act No. 1 of 1998, Section 11 (ii)
4Substituted for words “sub-section (1) or (2) of section 10” by Punjab Act No. 1 of 1998,
Section 12 (a)
5Substituted for brackets and figures “(3)” by Punjab Act No. 1 of 1998, Section 12 (b)
Complaints.
Preliminary scrutiny of
complaints by Lokpal
or the Up-Lokpal.
the 1[Lokpal or the Up -Lokpal, as the case may be,] shall dismiss
the complaint after recording his reasons thereof and communicate
the same to the complainant and to the competent authority
concerned.
(2) The procedure for verification in respect of a
complaint under sub- section (1) shall be such, as the 28[Lokpal or
the Up-Lokpal, as the case may be,] may deem appropriate in the
circumstances of the case and in particular the 28[Lokpal or the
Up-Lokpal, as the case may be,] may, if he deems it necessary to
do so, call for the comments of the public man concerned.
(3) Any order af fecting the rights of the person
complained against shall be a speaking order.
13. (1) If, after the consideration and verification under
section 12 in respect of a complaint the 28[Lokpal or the Up -
Lokpal, as the case may be,]proposes to conduct an inquiry, he, -
(a) shall forthwith forward a copy of the complaint
to the competent authority;
(b) may make such orders as to the safe custody of
documents relevant to the enquiry as he deems
fit;
(c) 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[(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 28[Lokpal or the Up -Lokpal, as
the case may be,] 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.
14. (1) Subject to the provisions of this section for the
purpose of any enquiry including the verification under section 12,
the 28[Lokpal or the Up-Lokpal, as the case may be,] -
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
2Substituted by Punjab Act No. 1 of 1998, Section 13
Procedure in
respect of
inquiries.
Evidence.
(a) 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 furnish any such information or
produce any such document;
(b) 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:-
(i) summoning and enforcing the attendance
of any person and examining him on
oath;
(ii) requiring the discovery and production of
any document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public record or copy
thereof from any court or office;
(v) issuing commissions for the examination
of witnesses; and
(vi) such other matters as may be prescribed.
(2) A proceeding before the 1[Lokpal or the Up-Lokpal, as
the case may be,] 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) -
(a) 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
(b) the Government or any public servant shall not
be entitled, i n relation to any verification or
inquiry, to any such privilege in respect of the
production of documents or the giving of
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
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 questioner
produce so much of any document -
(a) as might prejudice the security of the State or
the defence or international relations of India
(including India's relations with th e
Government of any other country or with any
international organisation), or the investigation
or detection of crime; or
(b) as might involve the disclosure of proceedings
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 1[Lokpal or the Up -Lokpal, as the case
may be,] 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 2[Lokpal or the Up -Lokpal, as the case may be,] is
satisfied that such certificate ought not to have been issued, he
shall declare the certificate to be of no effect.
15. (1) If the 3[Lokpal or the Up-Lokpal, as the case may be,]
has reason to believe that any document which, in his opinion, will
be useful for or relevant to, any inquiry under the Act is secreted in
any place he may, with the prior approval of the Governor
authorise any officer subordinate to him or any officer or any
investigating agency referred to in sub -section (2) of section 8, to
search for and to seize such documents.
(2) If the 3[Lokpal or the Up-Lokpal, as the case may be,]
is satisfied that any document seized under sub-section (1), would
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
2Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
3Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
Search and
seizure.
be evidence for the purpose of any inquiry under this Act and that
it would be necessary to retain that document in his custody, he
may so retain the said document till the completion of such
inquiry:
Provided that where such d ocument is seized before the
commencement of such inquiry, the 1[Lokpal or the Up -Lokpal, as
the case be,] shall return the document before the expiration of a
period of one year from the date on which it is seized unless such
inquiry has been commenced before such expiration.
Explanation. - For the purposes of this sub -section an
inquiry in respect of a complaint -
(a) shall be deemed to have commenced on the date
on which the 2[Lokpal or the Up -Lokpal, as the
case may be,] forwards a copy of the complaint
to the competent authority under clause (a) of
sub-section (1) of section 13.
(b) shall be deemed to have been completed on the
date on which the 2[Lokpal or the Up -Lokpal,
as the case may be,] closes the case under
section 16.
(3) The provisions of the Code of Criminal Procedure,
1973, relating to searches shall, so far as may be, apply to searches
under this section subject to the modification that sub-section (6) of
section 165 of the said Code , shall have effect as if for the word
"Magistrate" wherever it occurs, the words 2["Lokpal or the Up -
Lokpal, as the case may be,] or any officer authorised by him"
were substituted.
16. (1) If, after inquiry in respect of a complaint, the 2[Lokpal
or the Up-Lokpal, as the case may be,] is satisfied,-
(a) that no allegation made in the complaint has
been substantiated either wholly or partly, he
shall close the case and intimate the
complainant, the public man and the competent
authority accordingly; or
(b) that all or any of the allegations made in the
complaint have or has been substantiated either
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
2Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
Reports.
wholly or partly he shall by report in writing
communicate his findings and
recommendations to the competent authority
and intimate the complainant and the public
man concerned about his having made the
report.
(2) The competent authority shall examine the report
forwarded to it under clause (b) of sub -section (1) an d
communicate to the 1[Lokpal or the Up -Lokpal, as the case may
be,] within three months, of the date of receipt of the report, the
action taken or proposed to be taken on the basis of the report.
(3) If, the 1[Lokpal or the Up-Lokpal, as the case may be,]
is satisfied with the action taken or proposed to be taken on the
basis of his report under clause (b) of sub-section (1), he shall close
the case and intimate the complainant, the public man and the
competent authority accordingly, but where he is not so satisfied
and if, he considers that the case so deserves he may make a
special report for reviewing decision to the Governor.
(4) The 1[Lokpal or the Up -Lokpal, as the case may
be,]shall present annually to the Governor a consolidated report on
the administration of this Act.
(5) As soon as may be, after and in any case not later than
ninety days from the receipt of a special report under sub -section
(3), or the annual report under sub -section (4), the Governor shall
cause the same together with an extraor dinary memorandum to be
laid before, the State Legislature.
Explanation. - In computing the period of ninety days
referred to in this sub -section, any period during which the State
Legislature is not in session, shall be excluded.
MISCELLANEOUS
17. The salaries, allowances and pensions payable to, or in
respect of, 2[Lokpal or the Up -Lokpal, as the case may be,] and
other functionaries shall be expenditure charged on the
Consolidated Fund of the State.
18. (1) Any information obtained by the 2[Lokpal or the Up -
Lokpal, as the case may be,] or by any officer, employee, agency or
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
2Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
Expenditure on Lokpal or the
Up-Lokpal to be charged on
the Consolidated Fund of the
State.
Secrecy of
Information.
person referred to in section 8, in the course of or for the purposes
of any verification or inquiry under this 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
1[Lokpal or the Up -Lokpal, as the case may be,] or any 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 -
(a) 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
(b) for the purposes of any proceedings, for any
offence of giving or fabricating false evidence
under the Indian Penal Code, 1860, or
(c) for such other purposes, as may be prescribed.
19. (1) No complaint against a 2[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 t o such
complaint or in the course of or for the purpose of such
proceedings) shall be disclosed or published by any person -
(a) Where3[****] the 4[Lokpal or the Up -Lokpal,
as the case may be,] conducts an inquiry into
such complaint under section 13 at an y 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;
(b) In any other case, before the competent
authority concerned discloses or announces in
the prescribed manner the findings in respect of
the allegations made in such complaint;
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
2Substituted for word “legislator” by Punjab Act No. 1 of 1998, Section 14 (i) (a)
3Omitted by Punjab Act No. 1 of 1998, Section 14 (i) (b)
4Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
Penalty for
disclosure of
publication of
information in
respect of
complaints against
Legislator.
Provided that nothing in this sub -section shall
apply -
(i) to any disclosure for the purpose of this
Act; or
(ii) to any disclosure or publ ication with
respect to proceedings for any offence
under this Act or any other law; or
(iii) to any disclosure or publication for such
other purposes as may be approved by
the competent authority.
(2) Whoever contravenes the provisions of sub-section (1)
shall be punished with imprisonment for a term which may extend
to 1[six months] or with a fine of rupees two thousand or with both.
(3) The provisions of this sec tion shall have effect
notwithstanding anything contained in any other section of this Act
or in any other enactment.
20. (1) Whoever intentionally offers any insult, or causes any
interruption, to the 2[Lokpal or the Up-Lokpal, as the case may be,]
while the 2[Lokpal or the Up -Lokpal, as the case may be,] is
making any verification or conducting any inquiry under this Act,
shall 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 2[Lokpal or the Up-Lokpal, as the case may
be,] into disrepute shall be punished with simple imprisonment for
a term wh ich 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 sub -section (2) as th ey apply in
relation to an offence referred to in sub -section (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 2[Lokpal or the Up -
Lokpal, as the case may be].
1Substituted for words “one month” by Punjab Act No. 1 of 1998, Section 14 (ii)
2Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
Intentional insult or
interruption to or
bringing into
disrepute Lokpal or
the Up-Lokpal.
21. (1) If at any stage of proceeding before the 1[Lokpal or
the Up-Lokpal, as the case may be,] it appears to the 1[Lokpal or
the Up-Lokpal, as the case may be,] 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 1[Lokpal or
the Up -Lokpal, as the case may be,] 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 a nd 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 tri als 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 offence as is described in section 175,
sections 178, 1 79 or section 180 of the Indian Penal Code is
committed in the view or presence of the 2[Lokpal or the Up -
Lokpal, as the case may be,] the 2[Lokpal or the Up-Lokpal, as the
case may be,] 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 wh ich may extend to fortnight or a fine which may extend
to five hundred rupees, or with both.
(3) In every case tried under this section, the 2[Lokpal or
the Up -Lokpal, as the case may be,] 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
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
2Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
Power of Lokpal
or the Up-Lokpal
to try certain
offences
summarily.
reverse the finding, or reduce or reverse the sentence appealed
against. The 1[Lokpal or the Up -Lokpal, as the case may be,] shall
after pronouncing the punishment suspend its commencement for a
period of one month 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 sections 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.
22. (1) Every person who wilfully or maliciously makes any
complaint 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 2[Lokpal or the Up-Lokpal, as the case may be,]
and the court of Session may take cognizance of the off ence 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.
23. (1) The Governor may in consultation with t he 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 notwithstandi ng anything contained in
this Act, the Lokpal shall comply with such order.
1Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
2Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 8
Action in case of
false complaint.
Conferment of
additional
functions on
Lokpal.
1[(2) When the Lokpal is to make any inquiry under sub -
section (1), orthe same is assigned to the Up -Lokpal by him, the
Lokpal or theUp -Lokpal, as the case may, shall exercise the same
powers anddischarge the same functions as he would in the case of
any inquirymade in a complaint under this Act and the provisions
of this Actshall apply accordingly.]
24. If the Lokpal is satisfied:-
(a) that all or any of the allegations made in a complaint
have or has been substantiated either wholly or partly;
and
(b) 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.
25. (1) No suit, prosecution, or other legal proceedings shall
lie against the 2[Lokpal or the Up -Lokpal, as the case may be,] 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 2[Lokpal or the Up -Lokpal, as the
case may be,]shall be liable to be challenged reviewed, quashed or
called in question, in any court.
26. The 3[Lokpal or the Up-Lokpal, as the case may be,] 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 re ports under section 16 and
the powers under section 21, may also be exercised or discharged
by such of the officers, employees or agencies referred to in sub -
1Substituted by Punjab Act No. 22 of 2013, Section 9
2Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 10
3Substituted for words “Lokpal” by Punjab Act No. 22 of 2013, Section 10
Compensation or
reward or both payable
in certain cases to
complainant.
Power to delegate.
Protection.
section (1) or sub - section (2) of section 8, as may be specified in
the order.
27. (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 purposes 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 ru le 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 v alidity of anything
previously done under that rule.
28. 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 i s
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.
29. (1) The Punjab Lokpal Ordinance, 1996 (Punjab
Ordinance No. 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.
Saving.
Repeal and
Savings.
Power to make
rules.
1[THE SCHEDULE
[See Section 4 (2)]
I, _______________________ 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 fai tExcerpt shown. Open the full act in Lexace.