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Union of India - Act

Lokpal (Complaint) Rules, 2020

UNION OF INDIA
India

Lokpal (Complaint) Rules, 2020

Rule LOKPAL-COMPLAINT-RULES-2020 of 2020

Published on 2 March 2020
Commenced on 2 March 2020
[This is the version of this document from 2 March 2020.]
[Note: The original publication document is not available and this content could not be verified.]

Lokpal (Complaint) Rules, 2020Published vide Notification No. G.S.R.148(E), dated 2.3.2020Last Updated 6th June, 2020G.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

(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.

AnnexureForm of Complaint[See Rule 3]

Part A – Details to be Furnished by the Complainant/ Signatory to the Complaint

1. Specify if the complaint is being made by

Individual Society Association of persons Trust CompanyLimited Liability Partnership Board Body CorporationAuthority Others

2.	Name of thecomplainant (in block letters) @@ attach an identityproof.Note.-Any of the following documents will be considered as a validproof of identity -Driving License,Service Identity Cards with photograph issued to employees byCentral/State Government/Public Sector Undertaking/Public LimitedCompany, Passbook with photograph issued by a Bank/Post Office,PAN Card, Smart Card issued by Registrar General of India underNational Population Register, MNREGA Job Card, Health InsuranceSmart Card issued under the scheme of Ministry of Labour, Pensiondocument with photograph, Official identity cards issued toMPs/MLAs/MLCs, and Aadhaar Card.
	Title (Shri/Smt./Kum./Dr. etc.)
	Surname
	Middle Name
	First Name
3.	Gender	Male	Female	Transgender

4.	Age [in complete years]
5.	Nationality$$ in case the complainant is not a citizen ofIndia, only a copy of the Passport will be accepted as a proof ofidentity
6.	Details of identity/residence proof to beenclosed with the complaint
	Document attached (Tick the appropriate box)	Driving Licence	Passbooks with photograph issued by Bank/PostOffice	Smart Card issued by Registrar General of Indiaunder National Population Register	MNREGA Job Card	Aadhaar Card

		PAN Card	Service Identity Card with photograph issued byCentral/State Govt./PSUs/ Public Limited Companies to itsemployees	Health Insurance Smart Card issued under thescheme of Ministry of Labour	Official identity cards issued to MPs/ MLAs/MLCs,	Pension document with photograph

	(a) Number
	(b) Date of issue
	(c) Validity up to
	(d)Issuing Authority
7.	Permanent Address
	House/Property Number/Locality
	Village/District/City
	State
	Country
	Pin Code/Postal or Zonal Code
8.	Address for correspondence
	House/Property Number/Locality
	Village/District/City
	State
	Country
	Pin Code/Postal or Zonal Code
9.	Occupation/ designation/ avocation:
10.	(a) Telephone Number (with ISD/STD codes)		(b) Mobile Number (with country code)
11.	e-mail id
12.	Mode of presentation of the Complaint (Tick theappropriate column) [see rule 4(1)]	(a) In person
(b) By Post
(c) ElectronicallyNote: A physical copy is to be provided to theLokpal within a period of fifteen days.
13.	Whether a duly notarized affidavit as annexed tothis form has been enclosed?	YES	NO

14.	Whether the complainant is the victim?	YES	NO

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

(iii)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 arid Lokayuktas Act, 2013;

(iv)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 signatoryPlaceDate

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 boardor corporation or authority or company, society or association ofpersons or trust or limited liability partnership, then pleaseindicate:
(a)	Whether such organisation as referred to aboveis based in India? (Tick the appropriate column)	YES	NO

(b)	If the answer to (a) above is "YES"then whether the certificate of registration/incorporation [asissued by the authority competent to issue such certificate inIndia or by authority competent to issue such certificate as perthe regulating law of the Foreign State, as the case may be], inrespect of such organisation has been enclosed? (Tick theappropriate column)	YES	NO

(c)	Indicate the name of the competent authoritywhich has issued the certificate of registration/ incorporationof 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 x codes)		(b) Mobile Number (with country code)
(g)	e-mail id
2.	Personal details of office bearers and head ofthe organisation	furnish details in respect of each Office Bearerand Head of Organisation in the format as contained in Part A ofthis form. [please see section 47 of the Act]

+ ADD

| Attach separate sheets in respect of each individual.|}

3.	Details of the person who has authorised thesignatory to file the complaint on behalf of the organisation
4.	Name of the personauthorising the signatory to file the complaint (in blockletters) ® @ attach an identity proof.Note.- Any of thefollowing documents will be considered as a valid proof ofidentity -Driving License, Service Identity Cards withphotograph issued to employees by Central/State Government/PublicSector Undertaking/Public Limited Company, Passbooks withphotograph issued by a Bank/Post Office, PAN Card, Smart Cardissued by Registrar General of India under National PopulationRegister, MNREGA Job Card, Health Insurance Smart Card issuedunder the scheme of Ministry of Labour, Pension document withphotograph, Official identity cards issued to MPs/MLAs/MLCs, andAadhaar Card.
	Title (Shri/Smt./Kum./Dr. etc.)
	Surname
	Middle Name
	First Name
5.	Gender	Male	Female	Transgender

6.	Age
7.	Nationality$$ in case the person authorising the signatoryis not a citizen of India, only a copy of the Passport will beaccepted as a proof of identity
8.	Details of identity/residence proof of theperson authorising the signatory enclosed with the complaint.
	Document attached (Tick the appropriate box)	Driving Licence	Passbooks with photograph issued by Bank/PostOffice	PAN Card	MNREGA Job Card	Aadhaar Card

		Smart Card issued by Registrar General of Indiaunder National Population Register	Service Identity Card with photograph issued byCentral/State Government /Public Sector Undertaking/ PublicLimited Company to its employees	Health Insurance Smart Card issued under thescheme of Ministry of Labour	Official identity cards issued to MPs/ MLAs/MLCs,	Pension document with photograph

	(a) Number
	(b) Date of issue
	(c)Validity up to
	(d)Issuing Authority
9.	Permanent Address of person authorising thesignatory,
	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 codes)		(b) Mobile Number (with country code)
13.	e-mail id
14.	Whether an authorisation document has beenenclosed? (Please tick the appropriate box)	YES	NO

15.	Details of third party, if any, likely to beaffected by the complaint
(a)	Name
(b)	Gender	Male	Female	Transgender

(c)	Age
(d)	Full Address
(e)	Telephone Number (with ISD/STD codes)		(b) Mobile Number (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 publicservant(s) against whom complaint is being made (in blockletters)** attach a separate sheet in respect of eachpublic servant against whom a complaint is being made. Note:Details of third party/ parties, if aware, whose interests arelikely to be pre-judicially affected by the said complaint ascontemplated under Section 21 of the Act may also be separatelyfurnished
2.	Present designation/status of the publicservant(s) against whom complaint is being made
3.	Whether the complaint is against any officer oremployee or agency (including the Delhi Special PoliceEstablishment), under or associated with the Lokpal? (tick theappropriate box)[see section 38 of the Lokpal and LokayuktasAct, 2013]	NO	YES

4.	With respect to serial no. 2 above, indicate:	Designation of the officer/employee	Organisation/Agency having administrativecontrol over the said officer/employee

5(a).	Category of the public servant against whom thecomplaint is being made (tick the appropriate box) [see section14 of the Lokpal and Lokayuktas Act, 2013]	The Prime Minister
A Minister of the Union
A Member of the Council of States (Rajya Sabha)
A Member of the House of the People (Lok Sabha)
A Group 'A' or Group 'B' officer in the Ministryor Department of the Central Government
A Group 'C' or Group 'D' officer in the Ministryor 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 officerof association of persons, society or trust
Any other category
5(b)	In case the complaint is made against any othercategory of public servants, specify
6.	In case the complaint is against anyChairperson/Member/ Officer/Employee of a Trust or an Associationof Persons or Society, indicate:
(a)	Whether the organisation is wholly or partlyfinanced by the Government (tick the appropriate box)	YES	NO

(b)	Whether the annualincome of the organisation exceeds one crore rupees as specifiedby the Central Government vide notification No.407/02/2016-AVD-IV(Lokpal)(Pt. 1) -[Notifications NumbersS.0.2154(E) and S.O. 2155(E)] dated 20th June, 2016 (tick theappropriate box)[see clause (g) of sub-section (1) of section 14of the Lokpal and Lokayuktas Act, 2013]	YES	NO

(c)	Whether theOrganisation is in receipt of any1 donation from any foreignsource under the Foreign Contribution (Regulation) Act, 2010 inexcess of ten lakh rupees in a year? (tick the appropriate box)[see clause (h) of sub-section (1) of section 14of the Lokpal and Lokayuktas Act, 2013]	YES	NO

7.	Please state, ifaware, as to whether the public servant is presently serving theaffairs of the State or in any body or Board or corporation orauthority, etc. established by an Act of the State Legislature orwholly or partly financed by the State Government or controlledby it? (tick the appropriate box)[see proviso under clause (f) of subsection (1)of section 14 and proviso to sub-section (3) of section 14 of theLokpal and Lokayuktas Act, 2013]	YES	NO

8.	Post held by thepublic servant at the time of commission of alleged offence underthe Prevention of Corruption Act, 1988.[see Explanation to section 14 of the Lokpal andLokayuktas Act, 2013]
9.	Details of the Cause of Action/offence (underthe Prevention of Corruption Act, 1988).
	(i) Period duringwhich alleged misconduct was committed.[see Explanation to section 14 of the Lokpal andLokayuktas Act, 2013]	from	to

	(ii) Place of occurrence:
	(iii) District:
	(iv) State:
10.	Summary of facts/allegations of corruption:[Detailed complaint duly signed to be enclosed]	Facts and Circumstances:
Details of the offences alleged under thePrevention of Corruption Act (Briefly indicate the facts andconsequential allegations against the public servant whichconstitute offence(s) under the Prevention of Corruption Act,1988)

Allegations^:^ if possible, indicate the statutory provisionalleged to have been violated by a particular act of commissionor omission
11.	Names of Witnesses in support of theallegations, if any:
	(a) Number of Witnesses:
	(b) Name (s):	1.	2.	3.	4.
	(c) Gender:
	(d) Age:
	(e) Full Address:
	(f) Mobile No.:
	(g) E-mail Id:
	Add additional sheets if the number of witnessesexceeds
12.	Particulars/List of the documents relied upon bythe Complainant in support of the allegation:
13.	Any other information, the complainant desiresto furnish/disclose which may be relevant toinquiry/investigation into the allegation of corruption.
14.	Whether copies of the documents and othermaterial evidence (including electronic evidence, if any) reliedupon by the complainant and referred to in the complaint havebeen submitted? (tick the appropriate box)	YES	NO



15.	If the complaint isbeing filed electronically whether pdf formats of the documentsand other material relied upon has been attached to theelectronic format of the complaint (tick the appropriate box)[please also see sub-rule (2) of rule 3 of theserules]	YES	NO

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-

1. That I am filing this complaint on my own behalf

OrThat 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 ..............

2. That I have filed the present complaint under the provisions of the Lokpal and Lokayuktas Act, 2013 and the rules made thereunder.

3. 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 46 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.

4. 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.

5. 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..........DeponentVerificationI............................... 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

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