The Government and SecurityCentral Rules

Lokpal (Complaint) Rules 2020

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

Department of Personnel and Training

GOVERNMENT OF INDIA

NOTIFICATION

New Delhi, the 2nd March, 2020

G.S.R.148(E).—In exercise of the powers conferred by section 59 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014), the Central Government hereby makes the following rules, namely:-

1.  Short title and commencement. – (1) These rules may be called the Lokpal (Complaint) Rules, 2020.

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

2.  Definition. – In these Rules, unless the context otherwise requires–

(a) “Act” means the Lokpal and Lokayuktas Act, 2013 (1 of 2014);

(b) “offence” means an offence punishable under the Prevention of Corruption Act, 1988 (49 of 1988);

(c) words and expressions used and not defined in these rules, but defined under the Act shall have the same meaning as respectively assigned to them under the Act.

3.  Form and manner of complaint. – (1) For the purposes of clause (e) of sub-section (1) of section 2 of the Act, a complaint shall be filed in the form appended to these rules as Annexure.

(2) A complaint shall be filed in any of the following manner, namely: –

(i) electronically, in the manner, as laid down by the Lokpal; or

(ii) by post; or

(iii) in person:

Provided that where the complaint is filed electronically, the hard copy thereof shall be required to be submitted to the Lokpal within a period of fifteen days from the date of filing:

Provided further that the Lokpal shall not keep the said complaint, received electronically, as pending, if the same is complete in all respects.

(3) A complaint shall contain the details of allegations about commission of an offence committed by the public servant:

Provided that no complaint shall be filed against the public servant under the Army Act, 1950(45 of 1950) or the the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (46 of 1950) or the Coast Guard Act, 1978 (30 of 1978), as the case may be.

(4) A complaint may ordinarily be made in English:

Provided that the Lokpal may also entertain a complaint in any of the languages referred to in the Eighth Schedule to the Constitution.

(5) The following shall be required to be annexed with the complaint, namely: –

(a) copy of the identity proof as specified in the form of complaint;

(b) registration or incorporation certificate of the organisation, on whose behalf the complaint is being made, if it is a board, body, corporation, company, limited liability partnership, authority, society, association of persons or trust;

(c) copy of authorization certificate in favour of the signatory if the complaint is being made on behalf of the board, body, corporation, company, limited liability partnership, authority, society, association of persons or trusts;

(d) an Affidavit in the form as specified in the Part D of the Annexure; and

(e) duly signed detailed statement making out the allegation.

(6) The complaint filed against a public servant referred to in clause (a) of sub-section (1) of section 14 of the Act, shall be decided by the full bench referred to in sub-clause (ii) of clause (a) of sub-section (1) of section 14, in the first instance, at the admission stage.

(7) The complaint filed against a public servant referred to in clauses (b) and (c) of sub-section (1) of section 14 of the Act shall be decided by the bench as referred to in sub-section (3) of section 20 of the Act, in the first instance, at the admission stage.

(8) The Lokpal may seek such other information or affidavit relating to a complaint, as it deems fit.

4.  Handling form(s) of complaint. – The Lokpal may process a complaint in the following manner, namely:-

(a) protect the identity of the complainant or the public servant complained against till the conclusion of the inquiry or investigation:

Provided that the protection, shall not be applicable, in cases where the complainant himself has revealed his identity to any other office or authority while making a complaint to the Lokpal;

(b) protect the integrity of the process of inquiry or investigation;

(c) dispose of the complaints, in limine, under the following conditions, namely:-

(i) where the contents of the complaint are illegible;

(ii) where the contents of the complaint are vague or ambiguous;

(iii) where the contents of the complaint are trivial or frivolous;

(iv) where the complaint does not contain allegation against a public servant;

(v) where the complaint is not filed within the period of limitation under section 53 of the Act; and

(vi) where the cause of the complaint is pending before any other Court or Tribunal or Authority.

(d) the Lokpal shall dispose of the complaints satisfying the conditions as contained in clause (c) above within a period of thirty days.

ANNEXURE

FORM OF COMPLAINT

[See rule 3]

PART A

DETAILS TO BE FURNISHED BY THE COMPLAINANT/ SIGNATORY TO THE COMPLAINT

  1.  Specify if the complaint is being made by
Individual Society Association of persons Trust Company
Limited Liability Partnership Board Body Corporation
Authority Others
  1.  Name of the complainant (in block letters) @ attach an identity proof.

NOTE: Any of the following documents will be considered as a valid proof of identity –

Driving License, Service Identity Cards with photograph issued to employees by Central/State Government/Public Sector Undertaking/Public Limited Company, Passbook with photograph issued by a Bank/Post Office, PAN Card, Smart Card issued by Registrar General of India under National Population Register, MNREGA Job Card, Health Insurance Smart Card issued under the scheme of Ministry of Labour, Pension document with photograph, Official identity cards issued to MPs/MLAs/MLCs, and Aadhaar Card.

Title (Shri/Smt./Kum./Dr. etc.)
Surname
Middle Name
First Name
3. Gender Male Female Transgender
4. Age
[in complete years]
5. Nationality$
$  in  case  the  complainant  is
not a citizen of India, only a
copy  of  the  Passport  will  be
accepted as a proof of identity
6. Details of identity/residence proof to be enclosed with the complaint
Document  attached  (Tick the Smart Card
appropriate box) Passbooks with issued by
Registrar
Driving photograph issued MNREGA Aadhaar
General of India
Licence by Bank/Post Job Card Card
under   National
Office
Population
Register
Service Identity Health Official
Card with
Insurance Smart
identity
photograph issued Pension
Card issued
cards issued
by Central/State docum- ent
PAN Card under the to MPs/
Govt./PSUs/ with photo-
scheme of
Public Limited MLAs/ graph
Ministry of
Companies  to  its
MLCs,
Labour
employees
(a) Number
(b) Date of issue
(c) Validity upto
(d)Issuing Authority
7. Permanent Address
House/Property
Number/Locality
Village/District/City
State
Country
Pin Code/Postal or Zonal Code
8. Address for correspondence
House/Property
Number/Locality
Village/District/City
State
Country
Pin Code/Postal or Zonal Code
9. Occupation/
designation/
avocation:
10. (a) Telephone Number (with (b) Mobile Number (with
ISD/STD codes) country code)
11. e-mail id
12. Mode  of presentation  of the (a) In person
Complaint (Tick the
appropriate column)
(b) By Post
[see rule 4(1)]
(c) Electronically
Note: A physical copy is to be provided to the Lokpal
within a period of fifteen days.
13. Whether a duly   notarized
affidavit  as  annexed  to  this YES NO
form has been enclosed?
14. Whether the complainant is the
victim? YES NO

It is certified that to the best of my knowledge, belief and information:

  • the alleged offence in respect of which present complaint is being made is within the period of seven years [limitation as laid down under section 53 of the Lokpal and Lokayuktas Act, 2013];
  • no matter or proceeding related to allegation of corruption under the Prevention of Corruption Act, 1988 being made under this complaint is pending before any court or committee of either House of Parliament or before any other authority and the complaint is not barred from being made before the Lokpal by section 15 of the Lokpal and Lokayuktas Act, 2013.

Signature of the complainant/

authorised signatory

Place

Date


PART B

ADDITIONAL DETAILS TO BE FURNISHED BY THE SIGNATORY TO THE COMPLAINT IF THE COMPLAINT IS BEING FILED ON BEHALF OF A BODY OR BOARD OR CORPORATION OR AUTHORITY OR COMPANY, SOCIETY OR ASSOCIATION OF PERSONS OR TRUST OR LIMITED LIABILITY PARTNERSHIP

1. In case the complaint is made by a body or board or corporation or authority or company, society or association
of persons or trust or limited liability partnership, then please indicate:
(a) Whether  such organisation as  referred YES NO
to above is based in India?  (Tick the
appropriate column)
(b) If the answer to (a) above is “YES” then
whether the certificate of
registration/incorporation YES NO
[as issued by the authority competent to
issue  such  certificate  in  India  or  by
authority   competent   to   issue   such
certificate as per the regulating law of
the Foreign State, as the case may be],
in respect of such organisation has been
enclosed? (Tick the appropriate column)
(c) Indicate  the  name  of  the  competent
authority   which   has   issued   the
certificate of registration/ incorporation
of the organisation
(d) Address for correspondence with the Organisation
House/Property Number/Locality
Village/District/City
State
Country
Pin Code/Postal or Zonal Code
(f) Telephone Number (with ISD/STD (b) Mobile Number (with
codes) country code)
(g) e-mail id
2. Personal  details  of  office  bearers  and furnish  details  in  respect  of  each  Office  Bearer  and  Head  of
head of the organisation Organisation  in  the  format  as  contained in  Part  A  of  this  form.
[please see section 47 of the Act]

Attach separate sheets in respect of each individual.

  1. Details of the person who has authorised the signatory to file the complaint on behalf of the organisation
  2. Name of the person authorising the signatory to file the complaint (in block letters)

attach an identity proof.

NOTE: Any of the following documents will be considered as a valid proof of identity –

Driving License, Service Identity Cards with photograph issued to employees by Central/State Government/Public Sector Undertaking/Public Limited Company, Passbooks with photograph issued by a Bank/Post Office, PAN Card, Smart Card issued by Registrar General of India under National Population Register, MNREGA Job Card, Health Insurance Smart Card issued under the scheme of Ministry of Labour, Pension document with photograph, Official identity cards issued to MPs/MLAs/MLCs, and Aadhaar Card.

Title

(Shri/Smt./Kum./Dr. etc.)

Surname

Middle Name

First Name

5. Gender Male Female Transgender
6. Age
7. Nationality$
$ in case the person
authorising the signatory
is not a citizen of India,
only a copy of the
Passport will be accepted
as a proof of identity
8. Details of identity/residence proof of the person authorising the signatory enclosed with the complaint
Document attached (Tick Driving Passbooks with MNREGA Aadhaar
the appropriate box) photograph issued by PAN Card
Licence Job Card Card
Bank/Post Office
Smart Card Service Identity Card
with photograph Health Official
issued by
issued by Insurance Smart identity Pension
Registrar
Central/State Card issued cards docum-
General of
Government /Public under the issued    to ent   with
India   under
Sector Undertaking/ scheme of MPs/ photo-
National
Public Limited Ministry of MLAs/ML graph
Population
Company to its Labour Cs,
Register
employees
(a) Number
(b) Date of issue
(c)Validity upto
(d)Issuing Authority
9. Permanent Address of person authorising the signatory
House/Property Number/Locality
Village/District/
City
State
Country
Pin Code/Postal or Zonal Code
10. Address for correspondence
House/Property Number/Locality
Village/District/City
State
Country
Pin Code/Postal or Zonal Code
11. Occupation/
designation/
avocation:
12. (a) Telephone Number (with ISD/STD (b) Mobile Number (with
codes) country code)
13. e-mail id
14. Whether an authorisation document has YES NO
been   enclosed?   (Please   tick the
appropriate box)
15. Details of third party, if any, likely to be
affected by the complaint
(a) Name
(b) Gender MALE FEMALE TRANSGENDER
(c) Age
(d) Full Address
(e) Telephone Number (with ISD/STD (b) Mobile Number
codes) (with country code)
(f) e-mail Id

PART C

DETAILS AS REGARDS THE PUBLIC SERVANT AGAINST WHOM THE COMPLAINT IS BEING MADE

1. Name of the public servant(s) against
whom  complaint  is  being  made  (in
block letters)*
* attach a separate sheet in respect of
each  public  servant  against  whom  a
complaint is being made.
Note: Details of third party/ parties, if
aware, whose interests are likely to be
prejudicially  affected  by  the  said
complaint as contemplated under
Section  21  of  the  Act  may  also  be
separately furnished
2. Present designation/status of the public
servant(s) against whom complaint is
being made
3. Whether the complaint is against any YES NO
officer   or   employee   or   agency
(including  the  Delhi  Special  Police
Establishment), under or associated
with the Lokpal? (tick the appropriate
box)
[see  section  38  of  the  Lokpal  and
Lokayuktas Act, 2013]
4. With  respect  to serial no. 2 above, Designation of the Organisation/Agency having
indicate: administrative control over the
officer/employee
said officer/employee
5(a). Category of the public servant against The Prime Minister
whom  the complaint  is being made
A Minister of the Union
(tick the appropriate box)
[see  section  14 of  the Lokpal  and
A  Member  of  the  Council of  States  (Rajya
Lokayuktas Act, 2013]
Sabha)
A Member of the House of the People (Lok
Sabha)
A  Group  ‘A’  or  Group  ‘B’  officer  in  the
Ministry   or   Department   of   the   Central
Government
A  Group  ‘C’  or  Group  ‘D’  officer  in  the
Ministry   or   Department   of   the   Central
Government
A Chairperson or a Member of a Body
A Chairperson or a Member of a Board
A Chairperson or a Member of a Corporation
A Chairperson or a Member of an Authority
A Chairperson or a Member of a Company
A Chairperson or a Member of a Society
A   Chairperson   or   a   Member   of   an
Autonomous body
A Chairperson or a Member of a Trust
An officer or employee of a Body
An officer or employee of a Board
An officer or employee of a Corporation
An officer or employee of an Authority
An officer  or employee of a Company
An officer or employee of a Society
An officer or employee of an Autonomous
body
An officer or employee of a Trust
A  Director,  Manager,  Secretary  or  other
officer  of  association  of  persons,  society  or
trust
Any other category
5(b). In case the complaint is made against
any other category of public servants,
specify
6. In case  the  complaint  is against any
Chairperson/Member/
Officer/Employee  of  a  Trust  or  an
Association  of  Persons  or  Society,
indicate:
(a) Whether the organisation is wholly or YES NO
partly  financed  by  the  Government
(tick the appropriate box)
(b) Whether the annual  income  of the YES NO
organisation exceeds one crore rupees
asspecifiedbytheCentral
Government vide notification No.
407/02/2016-AVD-IV(Lokpal)(Pt.1)  –
[Notifications Numbers S.O.2154(E)
and  S.O.  2155(E)]  dated  20th  June,
2016 (tick the appropriate box)
[see  clause  (g)  of  sub-section  (1)  of
section 14 of the Lokpal and
Lokayuktas Act, 2013]
(c) Whether the Organisation is in receipt YES NO
of  any  donation  from  any  foreign
source under the Foreign Contribution
(Regulation) Act, 2010 in excess of ten
lakh  rupees  in  a  year?  (tick  the
appropriate box)
[see  clause  (h)  of  sub-section  (1)  of
section   14 of the Lokpal and
Lokayuktas Act, 2013]
7. Please state, if aware, as to whether the
public servant is presently serving the YES NO
affairs of the State or in any body or
Board or corporation or authority, etc.
established  by  an  Act  of  the  State
Legislature   or   wholly   or   partly
financed by the State Government or
controlled by it? (tick the appropriate
box)
[see proviso under clause (f) of sub-
section (1) of section 14 and proviso
to sub-section (3) of section 14 of the
Lokpal and Lokayuktas Act, 2013]
8. Post held by the public servant at the
time of commission of alleged offence
under  the  Prevention  of  Corruption
Act, 1988.
[see Explanation to section 14 of the
Lokpal and Lokayuktas Act, 2013]
9. Details of the Cause of Action/offence
(under  the  Prevention  of  Corruption
Act, 1988).
(i) Period during which   alleged from to
misconduct was committed.
[see Explanation to section 14 of the
Lokpal and Lokayuktas Act, 2013]
(ii) Place of occurrence:
(iii) District:
(iv) State:
10. Summary of   facts/allegations of Facts and Circumstances:
corruption: [Detailed complaint
duly signed to be enclosed]
Details of the offences alleged under
the  Prevention  of  Corruption  Act
(Briefly   indicate   the   facts   and
consequential  allegations against the
public servant which constitute
offence(s)  under  the  Prevention  of
Corruption Act, 1988)
Allegations^:
^ if possible, indicate the statutory provision alleged to have
been violated by a particular act of commission or omission
11. Names of Witnesses in support of the
allegations, if any:
(a) Number of Witnesses:
(b) Name (s): 1. 2. 3. 4.
(c) Gender:
(d) Age:
(e) Full Address:
(f) Mobile No.:
(g) E-mail Id:
Add additional sheets if the number of witnesses exceeds
12. Particulars/List of   the documents
relied  upon  by  the  Complainant  in
support of the allegation:
13. Any other information, the
complainant desires to furnish/disclose
which may be relevant to
inquiry/investigation into the
allegation of corruption.
14. Whether copies of the documents and YES NO
other material evidence (including
electronic evidence, if any) relied upon
by the complainant and referred to in
the complaint have been submitted?
(tick the appropriate box)
15. If   the   complaint   is   being   filed
electronically whether pdf formats of YES NO
the  documents  and  other  material
relied upon has been attached to the

Electronic   format   of   the   complaint

(tick the appropriate box)

[please also see sub-rule (2) of rule 3

of these rules]

Signature of the complainant/

authorised person

PLACE

DATE


Day …………. Month…… Year


PART D

AFFIDAVIT

(to be sworn on a non-judicial stamp paper)

I ……………………………………………. aged      ………………… years, s/o ……………………………….

r/o ………………………… do hereby solemnly affirm and declare on oath as under-

That I am filing this complaint on my own behalf

OR

That I am filing this complaint on behalf of body/Board/ Corporation/ Authority/ Company/ society/trust/association of persons/Non-Governmental Organisation/ Limited Liability Partnership (give its name and registration number, if any) having their office at (give contact address/email/phone/fax of the organization) and that I am authorized to sign and make this complaint vide its resolution dated …………..
That I have filed the present complaint under the provisions of the Lokpal and Lokayuktas Act, 2013 and the rules made thereunder.
That I have gone through the provisions of the Lokpal and Lokayuktas Act, 2013 and do hereby affirm that the present complaint is in conformity therewith and I am fully aware that under the provisions of sections and 47 of the Act making any false and frivolous or vexatious complaint is punishable with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupees.
That neither I nor any other person in the organisation / institution / body that I represent in this complaint has filed any complaint in this matter before any Court or Committee of either House of Parliament or before any other Authority and this complaint does not attract the provisions of section 15 of the Act.
I state that before filing this complaint I have collected and presented the information and supporting evidence to the best of my knowledge, ability and capacity which are relevant in support of the allegations of corruption against the concerned public servant and I further confirm that I have not concealed any data / material / information in this complaint.
Solemnly affirmed at …………………this…………….day of………….20……….

DEPONENT

I……………………………………………. the above named deponent do hereby verify that the contents of the aforesaid paragraphs 1 to 5 are true and correct to the best of my knowledge and belief and nothing is concealed therefrom.
Verified at………………………this…………….day of …………………20……………

DEPONENT

[F.No. 407/03/2019-AVD.IV(LP)]

SRINIVAS R. KATIKITHALA, Addl. Secy.

Categories: Central Rules

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