(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 inproper 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 person; 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 secure any undue gain or favour to himself or to another person or causes harm or undue hardship to another person; or(d)if any act or omission by him constitutes corruption; or(e)if he 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;(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. Appointment of Lokpal. - (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 :Provided that the [Lokpal] [Substituted vide Act No. 1 of 1998.] 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.(2)Every person appointed as the Lokpal shall, before entering upon his office, 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.(3)A person shall not be qualified for appointment 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.]
