Punjab Lokpal Act, 1996

No: 3 Dated: Jan, 16 1997

The Punjab Lokpal Act, 1996

(Punjab Act No. 3 of 1997)

    An Act to remove certain deficiencies in the Punjab Lokpal Act, 1995 and to provide for certain safe-guards which were missing in this Act and 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 Forty- seventh Year of the Republic of India as follows :-

Preliminary

1. Short title and commencement. - (1) This Act may be called The Punjab Lokpal Act, 1996.

(2) It shall come into force immediately.

2. Definitions. - 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;

(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, a 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 rule 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 the 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 to same meaning as 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.