LexThe Telangana Promotion of Social Audit and Prevention of Corrupt Practices Act, 2012.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PROMOTION OF SOCIAL AUDIT AND
PREVENTION OF CORRUPT PRACTICES ACT, 2012.
(ACT NO. 3 OF 2012)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Power to establish Special Mobile Courts.
4. Cases triable by Special Magistrates.
5. Enquiry and complaint.
6. Cognizance of offences.
7. Appointment of Special Prosecutor.
8. Trial of offences.
9. Offences and Penalties.
10. Appeal.
11. Matters to be taken into consideration for fixing fine.
12. Accused person to be a competent witness.
13. Protection to Social audit teams and its members for
actions taken in good faith.
14. Act to be in addition to other laws.
15. Power to issue directions.
16. Power to make rules.
17. Repeal of Ordinance.
THE TELANGANA PROMOTION OF SOCIAL AUDIT AND
PREVENTION OF CORRUPT PRACTICES ACT, 2012.1
ACT No. 3 OF 2012.
1. (1) This Act may be called the 2Telangana Promotion of
Social Audit and Prevention of Corrupt Practices Act, 2012.
(2) It extends to whole of the State of 2Telangana and
applies to all persons residing in the State of 2Telangana or
concerned with the implementation of various Government
schemes and programmes subjected to social audit.
(3) It shall be deemed to have come into force with
effect from the 19th August, 2011.
2. In this Act, unless the context otherwise requires,-
(a) “Assistant Project Director” means an officer
appointed by the Commissioner , Rural Development for
overseeing the implementation of the schemes and
programmes above the Mandal level;
(b) “Corrupt practice” means an act or omiss ion made
by any functionary entrusted with a task by the conce rned
Authority of Government with the intention of defrauding
Government or depriving the beneficiaries for whom the
various Government schemes and programmes are
intended;
1. The Andhra Pradesh Promotion of Social Audit and Prevention of
Corrupt Practices Act, 201 2 received the assent of the Governor on
11.04.2012. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide. the Tela ngana Adaptation of Laws Order, 2016, issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.3 of 2012]
(c) “Court” means a Special Mobile Court established
under section 3;
(d) “Government” means the State Government of
3Telangana;
(e) “Notification” means a notification published in the
3Telangana Gazette and the word “notified” shall be
construed accordingly;
(f) “Observer” means an officer not less than the rank
of Tahsildar working in a district deputed by the District
Collector to attend the Social Audit Gram Sabha;
(g) “Offence” means any act or omission made
punishable under this Act;
(h) “Prescribed” means prescribed by the Government
by rules made under this Act;
(i) “Social Audit” means public auditing of the details of
implementation of any Government schemes and
programmes including by way of ground level verification of
works, pay orders or other records with reference to
beneficiaries of the scheme and programmes conducted by
the primary stakeholders with the acti ve involvement of the
Society for Social Audit, Accountability and Transparency
(SSAAT);
(j) “Social Auditors ” means the beneficiaries or
members from the beneficiary families identified by the
SSAAT, trained in Social Audit processes and who will carry
out the Social Audits and present the findings in the Social
Audit Gram Sabha;
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.3 of 2012] 3
(k) “Social Audit Gram Sabha ” means a Gram Sabha
specially convened on the conclusion of the social audit
process in which the Social Audit report is read out;
(I) “Social Audit Mandal Public Hearing ” means the
social audit public hearing at the Mandal level conducted by
the District Collector or any other officer authorised on his
behalf, in the manner prescribed under Social audit rules;
(m) “Social Audit Rules ” means th e rules made by
Government for conduct of social audit for various
Government schemes and programmes from time to time;
(n) “Society for Social Audit, Accountability and
Transparency (SSAAT) ” means the Society, which is the
apex body at the State level for overseeing the process of
social audits, registered by the Government under the
4Telangana Societies Registration Act, 2001 mandated to
facilitate con ducting of social audit of vario us Government
schemes and programmes;
(0) “Special Magistrate ” means the Magistrate
appointed as such under section 3.
3. (1) The State Government may, by notification,
establish one or more Special Mobile Court(s) in a district or
for contiguous districts where social audit has been carried
out to try the offences under this Act.
(2) A person shall not be qualified for appointment as a
Special Magistrate to a Special Mobile Court under this Act
unless he is or has been a 1st Class Judicial Magistrate
under the Code of Criminal Procedure, 1973.
4. Adapted by G.O.Ms.No.20, Revenue (Regn.II) Department, dated
18.08.2014.
Power to establish
Special Mobile
Courts.
Central Act II of 1974.
Act 35 of 2001.
4 [Act No.3 of 2012]
4. (1) Every offence punishable under this Act shall be
tried by the Special Magistrate for the area within which it
was committed.
(2) When trying any case, a Special Magistrate may
also try any offence, other than an offence specified under
this Act, with which the accused may, under the Code of
Criminal Procedure, 1973, be charged at the same trial.
(3) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, a Special Magistrate shall, as far
as practicable, hold the trial of an offence/corrupt practice in
the village where the offence/corrupt practice is committed
and as far as possible on day-to-day basis.
5. (1) The social audit report finalised in the Social A udit
Mandal Public Hearing shall be considered as enquiry
report for the purposes stated under this Act.
(2) Assistant Project Director shall, based on the report
of the social audit after due verification or on the direction
issued by the Government, file a complaint before the
Special Court under this Act.
6. The Special Court sh all take cognizance of the
offences and proceed in accordance with the provisions
under Chapter XX of the Code of Criminal Procedure, 1973.
7. The Government shall appoint Special Prosecutors
from out of a panel of Advocates prepared in consultation
with the District Judge, for prosecuting the offences under
this Act on such terms and conditions as may be
prescribed:
Provided that no Advocate having experience of less
than five years shall be eligible for such appoi ntment as
Special Prosecutor.
Cases triable by
Special
Magistrates.
Enquiry and
complaint.
Cognizance of
offences.
Appointment of
Special
Prosecutor.
Central Act II of 1974.
[Act No.3 of 2012] 5
8. In trial of offences punishable under this Act, the
procedure specified under the provisions 251 to 259 of the
Code of Criminal Procedure, 1973 shall be followed.
9. (1) Whoever, entrusted with the responsibility of
performing any functions by the Government in relation to
the implementation of any Government scheme or
programme, prepares or participates in preparation of
fraudulent records, or tampers a record, to defraud the
Government or the beneficiaries for whom the programme is
intended shall be punished with imprisonment of either
description for a term which shall not be less than three
months and may extend to two years and shall also be liable
to fine.
(2) Whoev er, entrusted with the responsibility for
dispensing a benefit to the targeted people, in
implementation of any Govemment scheme or programme,
misappropriates the benefit, either partially or fully, either on
his own or in collusion with others shall be pu nished with
imprisonment of either description for a term which shall not
be less than three months and may extend to two years and
shall also be liable to fine.
(3) Whoever, entrusted with the responsibility of
performing any functions by the Govemment in relation to
the implementation of any Government scheme or
programme, commits a corrupt practice under this Act, shall
be punished with imprisonment of either description for a
term which shall be not less than three months but which
may extend to two years and shall also be liable to fine.
(4) Whoever , conspires to commit, or attempts to
commit or abets to commit any offence punishable under
this Act, shall be punished with imprisonment of either
description for a term which shall not be less than thr ee
Trial of offences.
Offences and
Penalties.
6 [Act No.3 of 2012]
months and may extend to three years and shall also be
liable to fine.
10. (1) Any person convicted on a trial held by a Special
Magistrate under this Act may appeal to the Court of
Sessions under section 374 of the Code of Criminal
Procedure, 1973 which shall be disposed off within 3
months from the date of filing such appeal.
(2) If an order of acquittal is passed by the Special
Magistrate, an appeal lies to the Sessions Court/High Court.
11. (1) Where a sentence or fine is imposed under section
9, the Court, while fixing the amount of the fine shall take
into consideration the amount or the value of the property, if
any, which the accused person has obtained by committin g
the offence, the pecuniary resources of property referred to
in that clause for which the accused person is unable to
account satisfactorily.
(2) The Special Magistrate, while trying an offence
punishable under this Act, shall exercise all the powers and
functions exercisable by a District Judge under the Criminal
Law Amendment Ordinance, 1944.
12. (1) Any person charged with an offence punishable
under this Act, shall be a competent witness for the defence
and may give evidence on oath in disproof of the charges
made against him or any person charged together with him
at the same trial:
Provided that,-
(a) he shall not be called as a witness except at his
own request;
Appeal.
Matters to be
taken into
consideration
for fixing fine.
Accused person
to be a competent
witness.
[Act No.3 of 2012] 7
(b) his failure to give evidence shall not be made the
subject of any comment by the prosecution or give rise to
any presumption against himself or any person charged
together with him at the same trial.
13. No civil or criminal proceedings shall be taken against
the social audit teams or their members for any acts done in
good faith under the provisions of this Act:
Provided that any specific oomplaint on the conduct of
any social audit can be verified by Government and suitable
orders can be issued for redressal.
14. The provisions of this Act shall be in addition to, and
not in derogation of, any other law for the time being in
force, and nothing contained herein shall exempt any public
servant from any proceeding which might, apart from this
Act, be instituted against him.
15. The Government may, from time to time, issue such
orders, instructions and directions not inconsisten t with the
provisions of this Act and the rules made thereunder to the
officers for the proper administration of the provisions of this
Act which shall be complied with by such officers and other
persons.
16. (1) The Government may, by notification, make rules
for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall, immediately
after it is made, be laid before the Legislature of the State , if
it is in session and if it is not in session, in the session
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive sessions and if, before the expiration of the
session in which it is so la id or the session immediately
following, the Legislature agrees in making any modification
Protection to
Social audit teams
and its
members for
actions taken in
good faith.
Act to be in
addition to other
laws.
Power to issue
directions.
Power to make
rules.
8 [Act No.3 of 2012]
in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified,
have effect only in such modified form or shall stand
annulled as the case may be so, however, that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
17. The Andhra Pradesh Promotion of Social Audit and
Prevention of Corrupt Practices Ordinance, 2012 is hereby
repealed.
* * *
Repeal of
Ordinance
1 of 2012.