information handbook under rti act, 2005 last updated:lokpal.punjab.gov.in/pdf/rti.pdf · authority...

Information Handbook under RTI Act, 2005 Last Updated: -

Authority Name: - Office of Lokpal

Obligations of Public Authorities

MANUAL UNDER

RIGHT TO INFORMATION ACT, 2005

(Available in Electronic and Printed Format)

English Version

Office of Lokpal

S.C.O – 198-199, Sector-17-C, Chandigarh



Introduction

I. In order to promote transparency and accountability in the working of every Public authority

and to empower the citizens to secure access to information under the control of each public

authority, the Government of India have enacted “The Right to Information Act, 2005”, (RTI

Act) which came into Force on 15.06.2005. In accordance with the provisions of section 4(1)

(b) of this Act, Office of Lokpal has brought out this manual for Information and guidance of

the stakeholders and the general public.

II. Section 4 of RTI Act 2005

1. Every Public Authority shall:-

a) Every Public Authority shall maintain all its records duly catalogued and

indexed in a manner

b) 17 Manuals

c) Publish all relevant facts while formulating important policies or

announcing the decisions which affect public informed

d) Provide reasons for its administrative or quasi-judicial decisions to

affected persons

2. Every Public Authority shall provide as much information Suo -motu to the Public at

regular intervals through various means of communication, including the internet (Clause

b of Sub-Section 1)

3. Every Information shall be disseminated widely (Sub-Section 1)

4. All materials shall be disseminated taking into consideration the cost effectiveness, local

language and the most effective method of communication in that local area and the

information should be easily accessible

III. The purpose of this manual is to inform the general public about Authority’s organisational

set-up, functions and duties of its officers and employees, records and documents available

with it

IV. This manual is aimed at the public in general and users of the services, and Provides

information about the schemes, projects and programmes being implemented by the

Authorities.



Index

S.no Details of Information Page no

1 1st Manual: Particulars of the Public Authority 6

1.1 Name and address of the organization 6

1.2 Head of the organization 6

1.3 Key Objectives 6

1.4 Functions and duties 6

1.5 Organization chart 6

2 2nd Manual: Powers & duties of officers & employees 6-8

2.1 Powers and duties of officers (administrative, financial & judicial) 6-7

2.2 Powers and duties of other employees 7

2.3 Rules/orders under which powers and duties are derived 8

3 3rd Manual: Procedure followed in decision making 8

3.1 Process of decision making 8

3.2 Final decision making authority 8

3.3 Related provisions, acts, rules etc 8

3.4 Time limit for taking a decision, if any 8

3.5 Channels of supervision and accountability 8

4 4th Manual: Norms for discharge of functions 8-9

4.1 Nature of functions/services offered 8-9

4.2 Norms/standards for functions / service delivery 8-9

4.3 Time-limits for achieving the targets 8-9

4.4 Reference document prescribing the norms 8-9

5 5th Manual: Rules, regulations, instructions, manuals and records under its control/ used by

employees while discharging functions

9

5.1 Title and nature of the record / manual / instruction Gist of contents 9

6 6th Manual: Categories of documents held by the Authority or which are under its control 9

6.1 Title of the document 9

6.2 Category of document 9

6.3 Custodian of the document 9

7 7th Manual: Arrangement for consultation with or representation by the members of the

public in relation to the formulation of policy or implementation thereof

9

7.1 Relevant rule, circular etc 9

7.2 Arrangements for consultation with or representation by the members of the public in policy

formulation / policy implementation

9

8 8th Manual: Boards, Councils, Committees and Other Bodies constituted as part of the Public 10

8.1 Name of the Board, Council, committee etc 10

8.2 Composition Powers & functions 10

8.3 Whether their meetings are open to the public? 10

8.4 Whether the minutes of the meeting are open to the public 10

8.5 Place where the minutes if 10

8.6 Open to the public are available? 10

9 9th Manual: Directory of Officers and employees 10-11

9.1 Name and designation 10-11

9.2 Telephone, fax and email ID 10-11

10 10th Manual: Monthly Remuneration received by officers & employees including system of

compensation

11-12

10.1 Name and designation of the employee 11-12

10.2 Monthly remuneration 11-12

10.3 System of compensation as provided by in its regulations 11-12

11 11th Manual: Budget allocated to each agency including all plans, proposed expenditures and

reports on disbursements made etc.

13



11.1 Total Budget for the Public Authority 13

11.2 Budget for each agency and plan & programmes 13

11.3 Proposed expenditures 13

11.4 Revised budget for each agency, if any 13

11.5 Report on disbursements made and place where the related reports are available 13

12 12th Manual: Manner of execution of subsidy programmes 14

12.1 Name of the programme or activity 14

12.2 Objective of the program 14

12.3 Procedure to avail benefits 14

12.4 Duration of the programme/scheme 14

12.5 Physical and financial targets of the program 14

12.6 Nature/scale of subsidy/amount allotted 14

12.7 Eligibility criteria for grant of subsidy 14

12.8 Details of beneficiaries of subsidy program (Number, Profile etc.) 14

13 13th Manual: Particulars of recipients of concessions, permits or authorisation granted by the

Public Authority

14

13.1 Concessions, permits or authorizations granted by Public Authority 14

13.2 For each concessions, permit or authorization granted 14

13.3 Eligibility criteria 14

13.4 Procedure for getting the concession/grant and/or permits or authorizations 14

13.5 Name and address of the recipients given concessions/ permits or authorizations 14

13.6 Date of award of concessions/ permits or authorizations 14

14 14th Manual: Information available in electronic form 14

14.1 Details of information available in electronic form 14

14.2 Name/title of the document/record/other information 14

14.3 Location where available 14

15 15th Manual: Particulars of facilities available to citizens for obtaining information 15

15.1 Name & location of the facility 15

15.2 Details of information made available 15

15.3 Working hours of the facility 15

15.4 Contact Person & contact details (phone, fax, email) 15

16 16th Manual: Names, designations and other particulars of public information officers 15

16.1 Name and designation of the Public Information Officer, Assistant Public Information Officer

(s) & Appellate Authority Address, telephone numbers and email ID of each designated official

15

17 17th Manual: Any other useful information 15-39

17.1 Citizen’s charter of the public authority 15

17.2 Grievance redressal mechanisms 15

17.3 Details of applications received under RTI and information provided 15

17.4 List of completed schemes / projects / programmes 15

17.5 List of schemes/projects/programmes underway 15

17.6 Details of all contracts entered into including name of the contractor, amount of contract and

period of completion of Contract

16

17.7 Any other Information 17-39

17.7.1 Punjab Lokpal Act, 1996 17-35

17.7.2 Blank Forms related to R.T.I 36-39

18 Reasons for administrative or quasi-judicial decisions taken; communicated to affected

persons

39

19 Important policies or decisions which affect public 39



1st Manual: Particulars of the Public Authority

1.1 Name and address of the organization: The name of this organisation is LokPal ,

Punjab and address is S.C.O.NO.198-199 Sector-17C, Chandigarh.

1.2 Head of the organization: Hon’ble LokPal, Punjab.

1.3 Key Objectives: The main objects of this organization are making Inquiries after receiving

the complaints form the Public. If the complaints cover under this Act then disposed of the

same after investigation.

1.4 Functions and duties: The Institution of Lokpal Punjab has been set up under the Punjab

Lokpal Act-1996 to deal with complaints received against public men as defined in the said

Act.

1.5 Organization chart:

2nd Manual: Powers & duties of officers & employees

2.1 Powers and duties of officers (administrative, financial & judicial):

S.no Designation Powers (administrative,

financial & judicial)

Duties

1. Lokpal Punjab Powers of Hon’ble Lokpal

Punjab have been enumerated

in the Punjab Lokpal Act,-1996.

Hon’ble Lokpal performs his duties

in accordance with Lokpal Act,-1996

and also as per amendnents made in

the said act.

2. Secretary Lokpal The Secretary of Lokpal Punjab

is the nodal officer to transact

business between the lokpal and

the Government.

The Secretary Lokpal also look after

the work of the employ of the Lokpal

according to Rules/Instructions

framed/issued by the Department of



Personnel and the Finance.

3. Under Secretary

Lokpal

Under Secretary Lokpal

performs administrative

functions. The administrative

branches send their cases

through their Superintendents to

him/her who send the cases to

Secretary Lokpal for taking

decisions in the matter.

He/She looks after the administrative

wing of the office of Lokpal.

4. Director General of

Police

The Director General of Police

is the incharge of investigation

wing of the office of Lokpal

Punjab.

DGP Lokpal investigates and verifies

the complaints forwarded to him by

the Hon’ble Lokpal Punjab. He is

also Commissioner of inquires and

functions under the direction/

supervision of Hon’ble Lokpal.

5. Registrar Lokpal The Registrar Lokpal Punjab is

the head of Judicial wing of the

office of Lokpal.

When any complaint is received in

the office, it is scrutinized by the

Registrar, or under his authority by

Joint Registrar Lokpal Punjab, and if

the Registrar or the Joint Registrar, as

the case may be is satisfied that the

complaint is proper, he may direct

the complaint to be registered in a

register maintained for that purpose .

He is to look after the judicial work.

6. Joint Registrar,

Lokpal

He is also nominated by

Honb’le Lokpal as commission

of enquiry to conduct the

enquiry or verification.

He also scrutinize the complaint and

place before Honb’le Lokpal for

seeking orders. All the

correspondence relating to seeking

verification of complaint is also done

by him. The work is entrusted to him

by Honb’le Lokpal and Registrar.

2.2 Powers and duties of other employees:

S.no Designation Powers Duties

1) Superintendent

(Establishment)

Supervise the Administrative

matters.

To supervise the working of the

employees posted in the

Establishment Branch and

Establishment matters of the office

of Lokpal Punjab.

2) Superintendent

(Accounts)

He also work asDrawing and

Disbursing Officer.

To Supervise the working of the

employees posted in the Accounts

Branch of the office of lokpal. He

also discharges his duties as Drawing

and Disbursing Officer.

3) Senior Assistants - The Senior Assistants perform their

duties as per distribution list of the

office.

4) Head Constables

and Constables

- These officials perform such duties

relating to the investigating wing of

this office as are assigned to them by

the of Director General of Police



Lokpal .

2.3 Rules/orders under which powers and duties are derived: The powers and duties are derived from

the Punjab Lokpal Act 1996 as amended from time to time. The employees do their duties as per

provisions contained in the Punjab Civil Service Rules and as per the instructions issued by the

Govt.of Punjab.

3rd Manual: Procedure followed in decision making

3.1 Process of decision making: The complaints received against public men are dealt with in

accordance with the provisions contained in The Punjab Lokpal Act-1996 by the Hon’ble Lokpal

Punjab

3.2 Final decision making authority: Hon’ble Lokpal Punjab

3.3 Related provisions, acts, rules etc: The Hon’ble Lokpal Punjab performs his duties

according to The Punjab Lokpal Act 1996 as amended from time to time .

3.4 Time limit for taking cognizance of complaint: The Hon’ble Lokpal shall enquire into an

allegation of misconduct against a public man within five years from the date of occurrence of

that misconduct

3.5 Channels of supervision and accountability: The Registrar Lokpal Punjab is the head of

Judicial wing of the office of Lokpal Punjab. When any complaint is received in the office, it

is scrutinized by the Registrar, or under his authority by Joint Registrar Lokpal Punjab, and if

the Registrar or the Joint Registrar, as the case may be is satisfied that the complaint is proper,

he may direct the complaint to be registered in a register maintained for that purpose and then

the complaint sent to the Hon’ble Lokpal Punjab for getting the final decision.

As regards cases of establishment matters and account matters, these are initially

dealt with by the concerned dealing Sr. Assistants as per rules and instructions of state Govt

and submitted to concerned Superintendent, who, after checking them, submits, in turn, to

the Secretary Lokpal for order/decision.

4th Manual: Norms for discharge of functions

4.1 Nature of functions/services offered

4.2 Norms/standards for functions / service delivery

4.3 Time-limits for achieving the targets

4.4 Reference document prescribing the norms

S.no 4.1) Nature of

functions/services

offered

4.2)

Norms/standards for

functions / service

delivery

4.3) Time-limits for

taking the

cogizance

4.4) Reference

document prescribing

the norms

1) The complaints

received against

public men from

public are received

and enquiredinto

and decision thereon

is taken by Honb’le

Lokpal.

The complaints

received against

public men are dealt

with in accordance

with the provisions

contained in The

Punjab Lokpal Act-

1996.

As regards

The Lokpal shall

enquire into an

allegation of

misconduct against a

public man within

five years from the

date of occurrence

of that misconduct.

As regards cases of

establishment and

account matters of the

employees posted in the

office of Lokpal, these

are disposed of in

accordance with the

rules/ instructions

framed/issued by the



cases of establishment

and account matters of

the employees posted

in the office of lokpal,

these are disposed of

in accordance with the

rules/ instructions

framed/issued by the

department of

Personnel and the

finance.

department of Personnel

and the finance.

5th Manual: Rules, regulations, instructions, manuals and records under its control/ used by

employees while discharging functions

5.1 Title and nature of the record / manual / instruction Gist of contents: The office of lokpal has

no staff of its own. The entire staff is either from Punjab Civil Secretariat (Department of General

Administration) or Punjab Police on deputation basis or on contract basis. The complaints received

against public men are dealt with in accordance with the provisions contained in The Punjab Lokpal

Act-1996. As regards cases of establishment and account matters of the employees posted in the

office of lokpal, these are disposed of in accordance with the rules/ instructions framed/issued by the

department of Personnel and the finance.

6th Manual: Categories of documents held by the Authority or which are under its control

6.1 Title of the document

6.2 Category of document

6.3 Custodian of the document

Name of the Document Procedure to obtain

the Document

Held by/Under

control of

The complaints received against public men and

official record their decisions.

Complainant may

approach to Registrar

1.Registrar Lokpal if

document relates to

Judicial wing.

2. Secretary Lokpal if

document relates to

Administrative Wing.

3. DGP if document

relates to Investigation

wing.

7th Manual: Arrangement for consultation with or representation by the members of the

public in relation to the formulation of policy or implementation thereof

7.1 Relevant rule, circular etc: Not applicable

7.2 Arrangements for consultation with or representation by the members of the public in policy

formulation / policy implementation: Not applicable



8th Manual: Boards, Councils, Committees and Other Bodies constituted as part of the Public

8.1 Name of the Board, Council, committee etc

S.no Name of the

Board/Council/committee

etc

Member

Name

Designation Address Contact Details (Email,

Phone, Fax, Mobile)

1) N/A N/A N/A N/A N/A

8.2 Composition Powers & functions: Not applicable

8.3 Whether their meetings are open to the public? Not applicable

8.4 Whether the minutes of the meeting are open to the public: Not applicable

8.5 Place where the minutes if: Not applicable

8.6 Open to the public is available? Not applicable

9th Manual: Directory of Officers and employees

9.1 Name and designation

9.2 Telephone, fax and email ID

Name Designation Tel (Office) Mobile Fax Email

H.O.D

S.K.Mittal Lokpal Punjab 0172-2748033 9780008107 0172-

2748033

jsatishkumarmittal

@gamil.com

Judicial Wing Staff

H.P.S. Mahal Registrar Lokpal 8558880860 -- jw.lokpalpunjab@p

unjab.gov.in

Sunil Kumar

Chaudhary

Joint Registrar 0172-2728074 9780008204 - jw.lokpalpunjab@p

unjab.gov.in

Onkar Singh Reader -- -- -- -

R.K.Mallik P.A -- 9914217178 -- -

Som Nath Translator -- 9872981055 --

Investigation Wing

CSR Reddy, IPS D.G.P. 0172-2744022 9815633555 - iw.lokpalpunjab@p

unjab.gov.in

Gulzari Lal H. Constable - 9417095906 - -

Sukhwinder

Singh

H. Constable - 9914423859 - -

Resham Singh, Constable - 9914318537 - -

Surinder Singh Constable - 9417312048 - -

Harkeet Kaur Constable - 9464087543 - -

Administrative Wing

Vacant Secretary -- -- - aw.lokpalpunjab@p

unjab.gov.in

Punam

Bhardwaj

Under Secretary 0172-2701007 9501488119 -

Harbans Singh Superintendent

Grade-1

- 8283862172 - -

Kuldeep Singh, Superintendent

Grade-1

- 9855830303 - -

Jaswinder Kaur PA - 9417212812 - -

Jasbir Kaur Sr.Scale Scale 9915777114

Gurbinder Kaur Sr.Assistant - 9465221830 - -

Inderjit Singh Sr. Assistant - 9463939208 - -



Anju Rani Sr. Assistant - 9872554599 - -

Palwinder Kaur Sr. Assistant - 8847394918 - -

Jang Bahadur

Singh,

Driver - 9463558497 - -

Rabinder Singh Peon - 9815382080 - -

Bachittar Singh Chowkidar - 7508708272 - -

10th Manual: Monthly Remuneration received by officers & employees including system of

compensation

10.1 Name and designation of the employee

10.2 Monthly remuneration

10.3 System of compensation as provided by in its regulations

Authority/

Employee Name Designation

Monthly

Remuneration

Compensation/

Compensatory

Allowance

The Procedure to

determine the

Remuneration as

given in the

Regulations

Justice S.K.Mittal

(Retd. chief justice) Lokpal Punjab

165150/-

(provisional) -

As per the terms &

conditions (under

consideration of

the Government)

Vacant Secretary,

Lokpal - -

Sh. CSR Reddy,IPS

DGP,

Investigation,

Lokpal

2,33,676/- - -

Sh. H.P.S. Mahal Registrar under

consideration - -

Sh. S.K. Chaudgary Jt. Registrar

1,09,019/-

(provisional)

-

As per the terms &

conditions (under

consideration of

the Government)

Sh. Onkar Singh Reader 72,378/-

(provisional) - -do-

Sh. R.K. Malik P.A 75,880/-

(provisional) - -do-

Sh. Som Nath Translator 56,080/-

(provisional) -do-

Smt. Poonam

Bhardwaj

Under Secretary

1,00,116/- -

Pay scale 15600-

39100+6600 Grade

pay)+ Sectt.Pay Rs.

2500/-

Sh. Harbans Singh Superintendent 69,483/- -

Pay scale 15600-

39100+5400(Grade

pay)+Sectt.Pay Rs.

2000/-

Kh. Kuldeep Singh Superintendent 77,467/- -

Pay scale 15600-

39100+5400(Grade

pay)+ Sectt.Pay Rs.



2000/-

Smt. Jaswinder Kaur PA 89,897/- -

Pay scale 10300-

34800+4800(Grade

pay)+ Sectt.Pay Rs.

1200/-

Smt. Jasbir Kaur Sr. Scale Steno 57,955/- --

Pay scale 10300-

34800+4800(Grade

pay) + Sectt.Pay Rs.

1200/-

Smt. Gurbinder Kaur Sr.Assistant 64,329/- -

Pay scale 10300-

34800+4400(Grade


900/-

Smt. Palwinder Kaur Sr. Assistant 54,351/- -

Pay scale 10300-

34800+4400(Grade


900/-

Sh. Inderjit Singh Sr. Assistant 54,951/- -

Pay scale 10300-

34800+4400(Grade


900/-

Smt. Anju Rani Sr. Assistant 24,486/-

Pay scale 10300-

34800+4400(Grade


900/-

Sh. Gulzari Lal H. Constable 59,845/- -

Pay scale 10300-

34800+3600(Grade

pay)

Sh. Sukhwinder

Singh H. Constable 54,929/- -

Pay scale 10300-

34800+3600(Grade

pay)

Sh.Resham Singh, Constable 57,512/- -

Pay scale 10300-

34800+3200(Grade

pay)

Sh.Surinder Singh Constable 56,680/- -

Pay scale 10300-

34800+3200(Grade

pay)

Smt. Harkeet Kaur Constable 46,823/- -

Pay scale 10300-

34800+3200(Grade

pay)

Sh. Charanjit Lal Constable 40,584/-

Pay scale 10300-

34800+3200(Grade

pay)

Sh.Jang Bahadur

Singh Driver 51,145/- -

Pay scale 10300-

34800+3000(Grade

pay) Spl.Pay

Rs.1400/-+Spl duty

Allowance Rs.400/-

Sh. Rabinder Singh

Rana Peon 32,981/- -

Pay scale 4900-

10680+1900(Grade




240/-

Sh. Bachittar Singh Chowkidar 40,801/- -

Pay scale 4900-

10680+1900(Grade


240/-+200, Spl. Allo

560+400

11th Manual: Budget allocated to each agency including all plans, proposed expenditures and

reports on disbursements made etc.

11.1 Total Budget for the Public Authority: Rs. 2,52,85,000

11.2 Budget for each agency and plan & programmes: Not Applicable

11.3 Proposed expenditures: About Rs. 3,22,30,000

11.4 Revised budget for each agency, if any: Not Applicable

11.5 Report on disbursements made and place where the related reports are available: N/A

S.O.E. Approved Amount for the Financial

year 2017-2018 (In Thousands)

01 Salaries (V) 1,61,80,000

01 Salaries (C) 45,00,000

02 Wages (V) 6,50,000

11 Travel Expenses(V) 1,00,000

13 Office Expenses(V) 20,00,000

14 Rent Rate Taxes(V) 4,33,000

20 other Adm. Expenses(V) 50,000

24 P.O.L. (V) 3,00,000

24 P.O.L. (C) 3,00,000

25 Clothing and tentage (V) 20,000

26 Adv. & Publicity (V) 50,000

41 Secrete Services Expenses(V) 50,000

50 Other Charges (C) 50,000

91 Medical Reimbursement (V) 1,17,000

92 Telephone (V) 80,000

92 Telephone (C) 1,45,000

93 Electricity Charges (V) 2,00,000

94 Water Charges (V) 60,000

Total 2,52,85,000

12th Manual: Manner of execution of subsidy programmes

12.1 Name of the programme or activity

12.2 Objective of the program

12.3 Procedure to avail benefits

12.4 Duration of the programme/scheme

12.5 Physical and financial targets of the program

12.6 Nature/scale of subsidy/amount allotted

12.7 Eligibility criteria for grant of subsidy



S.no Name of

the

program

me or

activity

Objecti

ve of

the

progra

m

Procedu

re to

avail

benefits

Duration of

the

programme

/scheme

Physical and

financial

targets of

the program

Nature/scale

of

subsidy/amou

nt allotted

Eligibilit

y criteria

for grant

of

subsidy

Not Applicable

12.8 Details of beneficiaries of subsidy program (Number, Profile etc.): Not Applicable

13th Manual: Particulars of recipients of concessions, permits or authorisation granted by the

Public Authority

13.1 Concessions, permits or authorizations granted by Public Authority

13.2 For each concession, permit or authorization granted

13.3 Eligibility criteria

13.4 Procedure for getting the concession/grant and/or permits or authorizations

13.5 Name and address of the recipients given concessions/ permits or authorizations

13.6 Date of award of concessions/ permits or authorizations

S.no Concessions

, permits or

authorizatio

ns granted

by Public

Authority

Eligibilit

y criteria

Procedure for

getting the

concession/grant

and/or permits or

authorizations

Name and

address of the

recipients

given

concessions/

permits or

authorizations

Date of award

of

concessions/

permits or

authorization

For each

concession,

permit or

authorization

granted

Not Applicable

14th Manual: Information available in electronic form

14.1 Details of information available in electronic form: Available on the website of the Govt.

of Punjab & Vigilance Department of Punjab

14.2 Name/title of the document/record/other information: Punjab Lokpal Act 1996

14.3 Location where available: Website of Punjab Government under RTI Proactive Disclosures

15th Manual: Particulars of facilities available to citizens for obtaining information

15.1 Name & location of the facility: Not Applicable

15.2 Details of information made available: No facility available for Public use

15.3 Working hours of the facility: Not Applicable

15.4 Contact Person & contact details (phone, fax, email): Not Applicable

16th Manual: Names, designations and other particulars of public information officers

16.1 Name and designation of the Public Information Officer, Assistant Public Information Officer

(s) & Appellate Authority Address, telephone numbers and email ID of each designated official



S.

no

Name Designation Address Tel

(Office)

Mobile Fax Email

1) Sh. S.K.

Chaudhary

Joint

Registrar

Appellate

authority

o/o Lokpal,

S.C.O-198-199,

Sector-17-C,

Chandigarh

0172-

2728074

9780008204 2728074 jw.lokpalpunjab@

punjab.gov.in

Administrative Wing :-

1)

2)

3)

Sh. Inder Singh

Smt. Gurbinder

Kaur

Smt. Palwinder

Kaur

Senior

Assistants

Assistant

Public

Information

officer

o/o Lokpal,

S.C.O-198-199,

Sector-17-C,

Chandigarh

0172-

2701007

9463939208

9465221830

9463594787

2728074 aw.lokpalpunjab@

punjab.gov.in

1) Sh. Harbans

Singh

Supdt. (Estt.)

Public

Information

Officer

o/o Lokpal,

S.C.O-198-199,

Sector-17-C,

Chandigarh

0172-

2701007

8283862172 2728074 aw.lokpalpunjab@

punjab.gov.in

Investigation Wing :-

1) Sh. Guljari Lal Head

Constable

Assistant

Public

Information

Officer

o/o Lokpal,

S.C.O-198-199,

Sector-17-C,

Chandigarh

9417095906 2728074 iw.lokpalpunjab@

punjab.gov.in

1) Sh. Kuldeep

Singh

Supdt. (Acct)

Public

Information

officer

o/o Lokpal,

S.C.O-198-199,

Sector-17-C,

Chandigarh

9855830303 2728074 aw.lokpalpunjab@

punjab.gov.in

Investigation Wing :-

1) Sh. Som Nath Translator

Assistant

Public

Information

Officer

o/o Lokpal,

S.C.O-198-199,

Sector-17-C,

Chandigarh

0172-

2728074


punjab.gov.in

1) Sh. R.K. Malik PA to lokpal

Public

Information

Officer

o/o Lokpal,

S.C.O-198-199,

Sector-17-C,

Chandigarh

0172-

2728074


punjab.gov.in

17th Manual: Any other useful information

17.1 Citizen’s charter of the public authority: Yes



17.2 Grievance redressal mechanisms: Complaint to be made to Hon'ble Lokpal

17.3 Details of applications received under RTI and information provided:

Year Application

Received

Information

Provided

Pending

2017 3 3 0

17.4 List of completed schemes / projects / programmes: : From November, 2016 to July, 2017

– 90 complaints has been disposed of. To make the people aware about the institution of Lokpal

advertisement in various Newspaper were given.

17.5 List of schemes/projects/programmes underway: Website of Lokpal Punjab is being

created. DGP is holding investigation in 24 cases. Jt. Registrar is holding investigation in 18 cases.

Reports from different public Authorities in 36 cases have been called for. 24 complaint are adjourned

sine die to wait the outcome of decision of High Court.

17.6 Details of all contracts entered into including name of the contractor, amount of contract and

period of completion of Contract:-

S.no Project

/Scheme/Programmes

Name

Details

of

Project

Name of

Contractor

Amount

of

Contract

Completion of

Contract/Duration

Not Applicable

17.7 Any other Information:



Punjab Lokpal Act, 1966

MANUAL No. (V)

A statement of the categories of documents that are held by it or under its control.

The Punjab Lokpal Act, 1996 is held by this office .

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL

AND

LEGISLATIVE AFFAIRS

(Punjab Act 3 of 1997)

(As amended up to 26th March, 2013)

1



THE PUNJAB LOKPAL ACT, 1996

Section CONTENTS Page

PRELIMINARY

1. Short title and commencement. .. 3

2. Definitions. .. 3

3. Misconduct by public man. .. 5

MACHINERY FOR ENQUIRIES

4. Appointment of Lokpal. .. 6

5. Lokpal to be ineligible to hold other offices. .. 6

6. Term of office and other conditions of service of the .. 7

Lokpal.

7. Removal of Lokpal. .. 8

8. Staff of Lokpal. .. 8

JURISDICTION AND PROCEDURE IN RESPECT OF INQUIRIES

9. Jurisdiction of Lokpal. .. 9

10. Matters not subject to jurisdiction of Lokpal. .. 9

11. Complaints. .. 9

12. Preliminary scrutiny of complaints by Lokpal. .. 9

13. Procedure in respect of inquiries. .. 10

14. Evidence. .. 10

15. Search and seizure. .. 11

16. Reports. .. 12

MISCELLANEOUS

17. Expenditure on Lokpal to be charged on the ., 13

Consolidated Fund of the State.

18. Secrecy of information. .. 13

19. Penalty for disclosure of publication of information in .. 13

respect of complaints against Legislator.

20. Intentional insult or interruption to or bringing into .. 14

disrepute Lokpal.

21. Power of Lokpal to try certain offences summarily. .. 14



22. Action in case of false complaint. .. 15

23. Conferment of additional functions on Lokpal. .. 16

24. Compensation or reward or both payable in certain .. 16

cases to complainant.

25. Protection. .. 16

26. Power to delegate. .. 17

27. Power to make rules. .. 17

28. Saving. .. 17

29. Repeal and Savings. .. 17

THE SCHEDULE .. 17

-3-



THE PUNJAB LOKPAL ACT, 1996

(PUNJAB ACT 3 OF 1997)

[Received the assent of the Governor of Punjab on the 13th January, 1997, and was first

published for general information in 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 legislation

1997 3 The Punjab Lokpal Act, 1996 2Amended by Punjab Act 1 of 1998.

An Act to remove certain deficiencies in the Punjab Lokpal Act, 1995 and to provide for

certain safe-guards which were missing in this Act3[***] 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 Sixty-fourth Year of the

Republic of India, as follows:─

PRELIMINARY

1. (1) This Act may be called the Punjab Lokpal Act, 1996.

(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” means a complaint alleging misconduct by a person

who, at the time of the alleged commission of such misconduct was a Member of the

Legislative Assembly of the State;

(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;

-4-

Short title and

Commencement

Definitions



(f) “High Court” means the High Court of Punjab and Haryana;

[(g) “Lokpal” means a person appointed as such under section 4 of this Act;]

(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, Deputy Minister, Chief Parliamentary Secretary and Parliamentary

Secretary;

(i) “Misconduct” means misconduct (whether committed before or after the

commencement of this Act or within or outside India) of the nature specified in

section 3;

(j) “Prescribed” means prescribed by rules made under this Act;

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

(i) a Minister;

(ii) a Member of the Legislative Assembly of t he 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 fifty-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;

(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; and

(l) “Public servant” shall have the same meaning as given in section 21 of the Indian

Penal Code, 1860; and .

(m) “Up-Lokpal” means a person appointed as such under section 4 of this Act.

-5-



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

(b) if he abuses, or attempts to abuse his position as such public man to cause harm or

undue hardship to any other persons; 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 secures any undue

gain or favour to himself or to another person or causes harm or undue hardship to

another persons; 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 commits misconduct if he abuses or attempts to abuse or knowingly

allows to be abused his position as such legislator for securing for himself directly or indirectly any

valuable thing or pecuniary advantage.

(3) A public man who abets or conceals or attempts to conceal from detection the

commission of misconduct of the nature specified in sub-section (1) or, as the case may be, sub-

section (2), by another public man, also commits misconduct.

Explanation.─ For the purpose of this section─

(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 daughter or step-son or step-daughter of the public man and wholly

dependent on him but does not include a child or step child who is no longer

in any way dependent on the public man or of whose custody the public man

has been deprived by or under any law;

-6-

Misconduct by

public man



(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

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

Court, 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 High Court in India; and

(ii) as Up-Lokpal, unless he is or has been a District 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 being subjected to the direction by any other authority under this Act.

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) practice any profession,

-7-

Appoint-

ment of

Lokpal

and Up-

Lokpal.

Lokpal and

Up-Lokpal to

be ineligible

to hold other

offices.



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 from such membership; or

(b) if he holds any office of Trust 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 practicing any profession, cease to practice such profession.

6. (1) The persons appointed as Lokpal or Up-Lokpal shall hold office for a term of six

years from the date on which, he enters upon his office.

Provided that─

(a) The Lokpal or Up-Lokpal may by writing under his hand addressed to the

Governor, resign his office;

(b) The 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 Lokpal or Up-Lokpal shall be ineligible for further

employment (whether as Lokpal or Up-Lokpal or in any other capacity) under the State Government

or in any employment under or office in any local authority, corporation, Government company as is

referred to in sub-clause (iv) of clause 1(k) of section 2 of this Act.

(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

-8-

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 having 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 Lokpal or the

Up-Lokpal may be removed from his office by the Governor on the ground of mis-behaviour 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 t he 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

Lokpal or the Up-Lokpal 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 members of the House

present and voting, has been presented to the Governor in the same sessions for such removal.

8. (1) The Government shall, in consultation with the Lokpal, appoint Secretaries with the

Lokpal as well as with the Up-Lokpal and such other officers and employees, as may be prescribed to

assist them in the discharge of their functions (including verification and enquiries in respect of

complaints) under this Act.; and

(2) Without prejudice to the provisions of sub-section (1), the 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

-9-

Removal

of Lokpal

or theUp-

Lokpal

Staff of

Lokpal



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 Lokpal or the Up-Lokpal may inquire

into any matter involved in, or arising from, or connected with any allegation of misconduct against

public man made in a complaint under this Act.

(2) The onus to prove the allegation shall be on the complainant but the Lokpal or the

Up-Lokpal may collect evidence and may call upon the person against whom a complaint is made to

produce evidence.

[(3)*****]

[10. (1) The Lokpal or the Up-Lokpal shall enquire into an allegation of misconduct

against a public man within five years from the date of occurrence of that misconduct.

(2) Notwithstanding anything contained in sub-section (3), the complaints filed under the

provisions of the Punjab Lokpal Act, 1995 (Punjab Act 9 of 1995) shall also be enquired into by the

Lokpal or the Up-Lokpal.

(3) The Lokpal or the Up-Lokpal shall not enquire into any matter which has been

referred for enquiry under the Commission of Inquiry Act, 1952 on his recommendations or with his

prior concurrence.

(4) The Lokpal or the Up-Lokpal shall not enquire into any complaint suo-moto.

11. (1) Any person other than a public servant may make a complaint under this Act to the

Lokpal.

[(2) **** .]

(3) The complaint shall be in the prescribed form and shall set forth particulars of the

misconduct alleged and shall be accompanied by an affidavit in support of the allegation of

misconduct and the particulars thereof and a certificate in the prescribed form in respect of the deposit

referred to in sub-section (4).

(4) The complainant shall deposit in such manner and with such authority or agency as

may be prescribed a sum of [one thousand rupees] as fee.

12. (1) If the Lokpal or the Up-Lokpal is satisfied after considering a complaint and after

making such verification, as he deems appropriate──

(a) that he cannot make any inquiry in respect of the complaint by reason of the

provisions of [sub-section (3) of section 10]; or

(b) that the complaint is not made within the period as specified in sub-section (1) of

section 10 and that there is no sufficient cause for entertaining the complaint; or

-10-

Jurisdiction

of Lokpal

or the Up-

Lokpal

Complaints

Preliminary

scrutiny of

complaints

by Lokpal or

the Up-

Lokpal



(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;

the Lokpal or the Up-Lokpal 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 Lokpal or the Up-Lokpal may deem appropriate in the circumstances of the case and in

particular the Lokpal or the Up-Lokpal may, if he deems it necessary to do so, call for the comments

of the public man concerned.

(3) Any order affecting 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 Lokpal or the Up-Lokpal 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) Every such inquiry shall be conducted in camera.

(3) Save as aforesaid the procedure for conducting any such inquiry shall be such as the

Lokpal or the Up-Lokpal may consider appropriate in the circumstances of the case keeping in view

the rules of natural justice as enunciated by the Supreme Court of India and the High Court. The

person against whom a complaint has been made shall not be compelled to be witness against himself.

14. (1) Subject to the provisions of this section, for the purpose of any enquiry including the

verification under section 12, the Lokpal or the Up-Lokpal──

(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;

-11-

Procedur

e in

respect of

inquiries

Evidence



(v) issuing commissions for the examination of witnesses; and

(vi) such other matters as may be prescribed.

(2) A proceeding before the Lokpal or the Up-Lokpal shall be deemed to be a judicial

proceeding under the meaning of section 193 of the Indian Penal Code, 1860.

(3) Subject to the provisions of sub-section (4) ──

(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, in relation to any

verification or inquiry, to any such privilege in respect of the production of

documents or the giving of evidence as is allowed by any enactment or by

any provision whatsoever in legal proceedings.

(4) No person shall be required or authorised by virtue of this Act to furnish any

information or answer any such question or produce so much of any document──

(a) as might prejudice the security of the State or the defence or international

relations of India (including India’s relations with the Government of any

other country or with any international organisation), or the investigation or

detection of crime; or

(b) as might involve the disclosure of proceeding of the Council of Ministers or

of any Committee thereof, and for the purpose of this sub-section, a

certificate issued by a Secretary to the Government certifying that any

information, answer or portion of a document, is of the nature specified in

clause (a) or clause (b) shall be binding and conclusive.

Provided that the Lokpal or the Up-Lokpal may require any information or answer or portion

of document in respect of which a certificate is issued under this sub-section to the effect that it is of

the nature as specified in clause (b) to be disclosed to him in private for scrutiny and if on such

scrutiny the Lokpal or the Up-Lokpal is satisfied that such certificate ought not to have been issued,

he shall declare trhe certificate to be of no effect.

15. (1) If the Lokpal or the Up-Lokpal 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.

-12-

Search

and

seizure



(2) If the Lokpal or the Up-Lokpal is satisfied that any document seized under sub-

section (1), would 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 document is seized before the commencement of such

inquiry, the Lokpal or the Up-Lokpal 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 Lokpal or the

Up-Lokpal 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 Lokpal or

the Up-Lokpal 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 “Lokpal

or the Up-Lokpal or any officer authorised by him” were substituted.

16(1) If, after inquiry in respect of a complaint, the Lokpal or the Up-Lokpal 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 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) and communicate to the Lokpal or the Up-Lokpal, 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 Lokpal or the Up-Lokpal 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

-13-

Reports



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 of the Governor.

(4) The Lokpal or the Up-Lokpal 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 extraordinary 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, Lokpal and Up-

Lokpal and other functionaries, shall be the expenditure charged on the Consolidated Fund of the

State.

18.(1) Any information obtained by the Lokpal or Up-Lokpal or by any officer, employee,

agency or person referred to in section 8, in the course of or for the purposes of any verification or

inquiry under the Act, and any evidence recorded or collected in connection therewith shall be treated

as confidential and, notwithstanding anything contained in the Indian Evidence Act, 1872, no Court

shall be entitled to compel the Lokpal or Up-Lokpal or any such officer, employee, agency or person

to give evidence relating to such officer, employee, agency or person to give evidence relating to such

information or to produce the evidence so recorded or collected.

(2) Nothing in sub-section (1), shall apply to the disclosure of the information or

evidence referred to therein─

(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 [public man] or any proceedings (whether by way of

verification, inquiry or otherwise) in respect of complaint or proceedings (including any evidence

furnished, collected or recorded in relation to such complaint or in the course of or for the purpose of

such proceedings) shall be disclosed or published by any person─

-14-

Expenditure on

Lokpal or Up-Lokpal

to be charged on

the Consolidation

Fund of the State .

Secrecy of

Information

Penalty for

disclosure

of

publication

of

information

in respect

of

complaints

against



(a) where [******] the Lokpal or the Up-Lokpal conducts an inquiry into such

complaint under section 13 at any time before he closes the case under clause

(a) of sub-section (1) of section 16, or as the case may be,

before he makes a report in respect of the case under clause (b) of that sub-

section;

(b) In any other case, before the competent authority concerned disclose or

announces in the prescribed manner the findings in respect of the allegations

made in such complaint:

Provided that nothing in this sub-section shall apply─

(i) To any disclosure for the purpose of this Act; or

(ii) To any disclosure or publication 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 [six months] or with a fine of rupees two thousand or

with both.

(3) The provisions of this section 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 Lokpal or

the Up-Lokpal while the Lokpal or the Up-Lokpal is making any verification or conducting any

inquiry under this Act, shall be punished with simple imprisonment, for a term which may extend to

one month or with fine of rupees two thousand or with both.

(2) Whoever by words spoken or intended to be read makes or publishes any statement,

or does any other act, which is calculated to bring the Lokpal or the Up-Lokpal into disrepute shall be

punished with simple imprisonment for a term which may extend to one month or with fine of rupees

two thousand or with both.

(3) The provisions of sub-section (2) of section 199 of the Code of Criminal Procedure,

1973, shall apply in relation to an offence under sub-section (1) or sub-section (2) as they 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 Lokpal or the Up-Lokpal.

21.(1) If at any stage of proceeding before the Lokpal or the Up-Lokpal it appears to the

Lokpal or the Up-Lokpal that any person appearing in such proceedings and knowingly or wilfully

has given false evidence or had fabricated false evidence with the intention that such

-15-

Intentional

insult or

interruptio

n to or

bringing

into

disrepute

Lokpal or

the Up-

Lokpal

Power of

Lokpal to

try certain

offences

summarily

.



evidence shall be used in such proceedings, the Lokpal or the Up-Lokpal may, if satisfied that it

is necessary and expedient in the interest of justice that the person should be tried summarily for

giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may

after giving the offender a reasonable opportunity of showing cause and adducing evidence as to why

he should not be punished for such offence, try such offender summarily, so far as may be, in

accordance with the procedure specified for summary trials under the Code of Criminal Procedure,

1973, and sentence him to imprisonment for a term which may extend to one month, or to fine which

may extend to five hundred rupees, or with both.

(2) When any such offence as is described in section 175, 178, 179 or section 180 of the

Indian Penal Code is committed in the view or presence of the Lokpal or the Up-Lokpal, the Lokpal

or the Up-Lokpal may cause the offender to be detained in custody and may, at any time on the same

day, take cognizance of the offence and after giving the offender a reasonable opportunity of showing

cause and adducing evidence as to why he should not be punished under this section sentence the

offender to simple imprisonment for a term which may extend to fortnight or an fine which may

extend to five hundred rupees, or with both.

(3) In every case tried under this section, the Lokpal or the Up-Lokpal shall record the

facts constituting the offence with the statement (if any) made by the offender as well as the finding

and the sentence.

(4) Any person convicted on a trial held under this section may appeal to the High Court

and the provisions of Chapter XXIX of the Code of Criminal Procedure, 1973, shall, so far as may

apply to appeals under this section and the High Court may after or reverse the finding, or reduce or

reverse the sentence appealed against. The Lokpal or the Up-Lokpal shall after pronouncing the

punishment suspend its commencement for a period of one month to enable the aggrieved party to

approach the High Court in an appeal and a copy of the order shall be furnished free of cost to a

person who has been convicted under section 20 and 21 of the Act.


the Code of Criminal Procedure, 1973,.

22.(1) Every person who willfully 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 Lokpal or the Up-Lokpal and

-16-

Action

in case

of false

compl-

aint



the court of Session may take cognizance of the offence on such complaint without the case being

committed to it.

(4) The Court of Session, on conviction of the person making false complaint may award,

out of the amount of fine to the public man against whom such false complaint has been made, such

amount of compensation as it thinks fit.


the Code of Criminal Procedure, 1973.

23. (1) The Governor may in consultation with the Chief Minister and by an order in writing

and subject to such conditions or limitations as may be specified in the order require the Lokpal to

inquire into any allegations of misconduct specified in the order in respect of a public man and

notwithstanding anything contained in this Act, the Lokpal shall comply with such order.

(2) When the Lokpal is to make any inquiry under sub-section (1), or the same is assigned to

the Up-Lokpal by him, the Lokpal or the Up-Lokpal, as the case may, shall exercise the same powers

and discharge the same functions as he would in the case of any inquiry made in a complaint under

this Act and the provisions of this Act shall 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 Lokpal or the Up-

Lokpal, or against any officer, employee, agency or person referred to in section 8, in respect of

anything which is done in good faith or intended to be done under this Act.

(2) Save as otherwise provided in section 21, no proceedings or decision of the Lokpal or

Up-Lokpal shall be liable to be challenged, reviewed, quashed or called in question, in any court.

-17-

Confer-

ment of

additiona

l

functions

on Lokpal

Protectio

Compensation

or reward or

both payable in

certain cases to

complainant



26. The Lokpal or the Up-Lokpal may, by general or special order in writing and subject

to such conditions and limitations as may be specified therein, direct that any powers conferred or

duties imposed on him by or under this Act except the powers to dismiss complaint under sub-section

(1) of section 12, the powers to close cases and make reports under section 16 and the power under

section 21, may also be exercised or discharged by such of the officers, employees or agencies

referred to in sub-section (1) or sub-section (2) of section 8, as may be specified in the order.

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 purpose of this Act. ,

(2) Every rule under this Act shall be laid as soon as may be, after it is made before the

State Legislature while it is in session for a total period of ten days which may be comprised in one

session or in two or more successive sessions aforesaid, the State Legislature agrees in making any

modification in the rule or the State Legislature agrees that the rule should not be made, the rule shall

thereafter have effect only in such modified form or be of no effect as the case may be, however that

any such modification or annulment shall be without prejudice to the validity of anything previously

done under that rule.

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

is available to a person making complaint under this Act in respect of any action and nothing in this

Act shall limit or affect the right of such person to avail of such remedy.

29.(1) The Punjab Lokpal Ordinance, 1996 (Punjab Ordinance 4 of 1996), is hereby

repealed.

(2) Notwithstanding such repeal anything done or any action taken under the Ordinance

referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding

provisions of this Act.

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 faithfully and to the best of my ability, knowledge and judgment

perform the duties of my office without fear, favour, affection or ill-will.

*strike out which is not applicable.

Power to

delegate

Saving

Repeal and

Savings



17.7.2 Blank Forms related to R.T.I

Form ‘A’

Form of application for seeking information under the Right to Information Act, 2005

I.D.No________

(For official use)

To

The Public Information Officer,

Authority Name

City

1. Full Name of the Applicant ______________________________________

2. Father’s/Spouse’s name ______________________________________

3. Permanent Address ______________________________________

4. Correspondence Address ______________________________________

5. Particulars of information required

a. Subject matter of information*: _____________________________________

b. The period to which the information relates** _______________________________

c. Specify details of information required _______________________________

d. Whether information is required by post or in person _________________________

(The actual postal charges shall be included in providing information)

E. In case by post (Ordinary, Registered or Speed post.) ________________________

6. Is this information not made available by the Public Authority under voluntary disclosure?

___________________________________________________________________

7. Do you agree to pay the required fee? _______________________________________

8. Have you deposited application fee? (If yes, details of such deposit)

___________________________________________________________________

9. Whether belongs to Below Poverty Line category? If yes, have you furnished the proof of the same

with applicant?

Place : ........................

Date : .........................

Full Signature of the applicant and Address

E-mail address, if any................................

Tel. No. (Office).......................................

(Residence)...............................................

Note: - (i) Reasonable assistance can be provided by the competent authority in filling up the Form A.

(ii) Please ensure that the Form A is complete in all respect and there is no ambiguity in providing the

details of information required.



ACKNOWLEDGEMENT OF APPLICATION IN FORM –A

I.D No_____________ Dated: ___________

1. Received an application in Form A from Shri/Ms._________________ resident of

___________________under the Right to Information Act, 2005.

2. The information is proposed to be given normally within 30 days from the date of receipt of

application and in case it is found that the information asked for cannot be supplied,

the rejection letter shall be issued stating reason thereof.

3. The applicant is advised to contact Shri. __________ between 11 A.M to 1 P.M.

4. in case the applicant fails to turn up on the scheduled date(s), the Competent Authority shall

not be responsible for delay, if any

5. The applicant shall have to deposit the balance fee, if any, with authorized person

before collection of information.

Signature and Stamp of the

Public Information Officer

PICT

Dated.................

E-mail address: _________

Web-site: ____________

Tel. No : _______________

=======================================================================

========



Form ‘B’

TRANSFER OF APPLICATION FORM

From ________________________

Date: .................

To,

_____________________________

_____________________________

_____________________________

Sir / Madam,

Please refer to your application; I.D. No.___________ dated __________ addressed to the

Undersigned regarding supply of information on ________________________

2. The requested information does not fall within the jurisdiction of this Corporation and,

Therefore, your application is being referred herewith to Shri ___________

4 This is supersession of the acknowledgement given to your on _____________

Yours faithfully,

Public Information Officer.

E-mail address: ___________________

Web-site: _____________________

Tel. No.___________________

========================================================================

==========



Form ‘C’

Rejection Order

[See rule 8&9]

From___________________________

Dated: .........................

To,

______________________________

______________________________

______________________________

______________________________

Sir/ Madam,

Please refer to your application; I.D. No.____________ dated ____________ addressed to the

undersigned regarding supply of information on _________________________________

2. The information asked for cannot be supplied due to following reasons: -

i).................................................................................................................

ii)................................................................................................................

3. As per Section 7 (8) of Right to Information Act, 2005, you may file an appeal to the

Appellate authority within 30 days of the issue of this order.

Yours faithfully,

Public Information Officer.

E-mail address: _________

Web-site: __________

Tel. No.______________

========================================================================

==========



FORMAT OF REGISTER TO BE MAINTAINED BY THE COMPETENT AUTHORITY

I.

D

N.

o

Name

and

Addres

s of

Applic

ant

Date of

Receipt

of

Applicat

ion in

Form A

Type of

Informa

tion

asked

Particulars of fees deposited Status of Disposal of

Application

Amt. Recpt no. Date

Informatio

n

Application

Sup

plie

d

Part

ially

Sup

plie

d

Rej

ecte

d

Returned

to

Applican

t

18 Publish all relevant facts while formulating important policies or announcing the

decisions which affect public: Not Applicable

19 Provide reasons for its administrative or quasi-judicial decisions to affected persons:

Not Applicable

information handbook under rti act, 2005 last updated:lokpal.punjab.gov.in/pdf/rti.pdf · authority...

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