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;

(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

Specify if the complaint is being made by

Individual

Society

Association of persons

Trust

Company

Limited Liability Partnership

Board

Body

Corporation

Authority

Others

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

Gender

Male

Female

Transgender

Age

[in complete years]

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

Details of identity/residence proof to be enclosed with the complaint

Document attached (Tick

the

Smart

Card

appropriate box)

Passbooks

with

issued

Registrar

Driving

photograph issued

MNREGA

Aadhaar

General of India

Licence

Bank/Post

Job Card

Card

under National

Office

Population

Service

Identity

Health

Official

Card

with

Insurance Smart

identity

photograph issued

Pension

Card

issued

cards issued

Central/State

docum- ent

PAN Card

under

the

to MPs/

Govt./PSUs/

with photo-

scheme

Public

Limited

MLAs/

graph

Ministry

Companies to its

MLCs,

Labour

employees

(a) Number

(b) Date of issue

(d)Issuing Authority

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	(a)	In person
	Complaint		(Tick	the
	appropriate column)
	appropriate column)				(b)	By Post
	[see rule 4(1)]				(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
	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.

Details of the person who has authorised the signatory to file the complaint on behalf of the organisation
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

Gender

Male

Female

Transgender

Age

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

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

Insurance Smart

identity

Pension

Registrar

Central/State

Card

issued

cards

docum-

General

Government

/Public

under

the

issued to

ent with

India under

Sector Undertaking/

scheme

MPs/

photo-

National

Public

Limited

Ministry

MLAs/ML

graph

Population

Company

its

Labour

Cs,

employees

(a) Number

(b) Date of issue

(c)Validity upto

(d)Issuing Authority

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

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
(b)	Gender

(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							YES	NO
	officer or employee or agency
	(including the Delhi Special Police
	(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:							Designation of the	administrative control over the
	indicate:							officer/employee	administrative control over the
								officer/employee	said officer/employee
									said officer/employee

5(a).	Category of the public servant against							The Prime Minister
	whom the	complaint is			being		made
	whom the	complaint is			being		made	A Minister of the Union
	(tick the appropriate box)							A Minister of the Union
	(tick the appropriate box)
	[see section 14		of the		Lokpal and
	[see section 14		of the		Lokpal and			A Member of the Council	of States (Rajya
	Lokayuktas Act, 2013]							A Member of the Council	of States (Rajya
	Lokayuktas Act, 2013]							Sabha)
								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

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

partly financed by the Government

(tick the appropriate box)

(b)

Whether

the

annual income of

the

YES

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

the

Lokpal

and

Lokayuktas Act, 2013]




(c)	Whether the Organisation is in receipt						YES	NO
	of any donation from any foreign						YES	NO
	of any donation from any foreign
	source under the Foreign Contribution
	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.
	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):

(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

relevant

inquiry/investigation

into

the

allegation of corruption.

14.

Whether copies of the documents and

YES

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

YES

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

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.