Lokpal (Complaint ) Rules 2020 – Gazette Notification [ G.S.R.148(E) ]

Gazette

Lokpal (Complaint ) Rules, 2020 – Gazette Notification

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Department of Personnel and Training

NOTIFICATION

New Delhi, the 2nd March, 2020

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

1. Short title and commencement. – (1) These rules may be called the Lokpal (Complaint) Rules, 2020. (2) They shall come into force on the date of their publication in the Official Gazette.

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

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

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

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

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

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

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

(ii) by post; or

(iii) in person:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) where the contents of the complaint are illegible;
(ii) where the contents of the complaint are vague or ambiguous;
(iii) where the contents of the complaint are trivial or frivolous;
(iv) where the complaint does not contain allegation against a public servant;
(v) where the complaint is not filed within the period of limitation under section 53 of the Act;and
(vi) where the cause of the complaint is pending before any other Court or Tribunal or Authority.

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

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