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Frequently Asked Questions(FAQ)

In terms of provisions under Section 14, of the Lokpal and Lokayuktas Act, 2013 a complaint can be filed against-

  1. Any person who is or has been a Prime Minister (with some exclusion which relates to international relations, external and internal security, public order, atomic energy, and space).
  2. Any person who is or has been a Minister of Union.
  3. Any person who is or has been a Member of either House of Parliament.
  4. Any person who is or has been a Group ‘A’ or Group ‘B’ officer or equivalent serving in connection with the affairs of the Government of India.
  5. Any person who is or has been a Group ‘C’ or Group ‘D’ official or equivalent serving in connection with the affairs of the Government of India.
  6. Any person who is or has been a Chairperson, Member, Officer, or employee in any Board, Corporation, Authority, Company, Society, Trust, or Autonomous body established by an Act of Parliament wholly or partly established by the Government of India.
  7. Any person who is or has been a Director, Manager, Secretary, or other Officers of any Society, Association of persons or Trust registered wholly or partly financed by Government of India and the annual income of which exceeds such amount as the Central Government may by notification, specify presently Rs 10 lakh.
  8. Any person who is or has been a Director, Manager, Secretary, or Other officers of any Society, Association of persons or any Trust registered under the law and is in receipt of any donations from any foreign source under Foreign Contribution(Regulation) Act, 2010 over Rs.1 crore rupees in a year.

The name of the complainant and the public servant is not disclosed unless it is necessary to conduct the preliminary inquiry.

Yes. The Email/Mobile No. of the complainant will be kept confidential and will not be used for any other purpose, except for communicating with the complainant in connection with his/her complaint.

According to the form appended with the Lokpal (Complaint) Rules 2020, notified on 02.03.2020, a complaint can be filed by any-

  1. Individual
  2. Society
  3. Association of Persons
  4. Trust
  5. Company
  6. Limited Liability Partnership
  7. Board
  8. Body
  9. Corporation
  10. Authority
  11. Any others

Yes, he/she has to attach a photocopy of his/her passport as proof of identity.

No. The complaints can be filed only against any offence alleged to have been committed by a public servant under the Prevention of Corruption Act, 1988 before the Lokpal of India.

In terms of provisions under 2(e) of Lokpal and Lokayukta Act, 2013 complaints can be filed against any offence alleged to have been committed by a public servant under the Prevention of Corruption Act, 1988. These offences are described under Sections 7, 7A, 8, 9, and 13 of the Prevention of Corruption Act, 1988.

A complaint may be filed with the office of Lokpal of India in the “Form of the complaint” given in the annexure of Lokpal (Complaint) Rules 2020, notified on 02.03.2020 which can be downloaded from the website of the Lokpal of India (https://lokpal.gov.in/pdfs/gazzette_notification.pdf).

A fillable complaint form is also available at (https://lokpal.gov.in/pdfs/complaint_form.docx). The form can be sent to the office of Lokpal in any of the following manners-

  1. Through LokpalOnline Module
  2. By Email to ‘complaint-to-lokpal@gov.in’
  3. By post addressed to-

    Lokpal of India,
    Plot No-6, Phase II,
    Institutional Area, Vasant Kunj,
    New Delhi-110070.
  4. In-person at the reception of the office of the Lokpal Of India.

A separate sheet of Part C is to be enclosed with the complaint form for each public servant against whom the complaint is being filed

If a complaint is filed electronically, hardcopy thereof shall be required to be submitted to the Lokpal of India within 15 days from the date of filing.

At the top of the envelope containing the complaint, ‘Complaint to the Lokpal of India under Lokpal and Lokayukta Act, 2013 should be written clearly.

A complaint can be filed against a State government official for his actions while serving in the Government of India. A complaint against any State Government official cannot be filed in the office of Lokpal regarding any misconduct while serving in the state.

The complainant has to enclose the following documents:-

  1. An identity proof (Driving Licence, Passbooks with photograph issued by Bank/Post Office, MNREGA Job Card, Aadhaar Card, PAN Card, etc). In case a person is not a citizen of India, only a copy of the passport will be accepted.
  2. Proof of residence (Driving Licence, Passbooks with photograph issued by Bank/Post Office, MNREGA Job Card, Aadhaar Card, etc).
  3. The complainant has to enclose an affidavit with the complaint form as specified in Part D of the Annexure of Lokpal (Complaint) Rules, 2020.
  4. Certificate of incorporation/registration and Authorization document (only if the complaint is being filed on behalf of a body, board, corporation, authority, company, society, association of persons, trust, or Limited Liability Partnership)
  5. A duly signed detailed statement making out the allegation.
  6. Copies of documents and other material evidence relied upon by the complainant.

No, fees is required for filing a complaint in the office of Lokpal.

Yes. In terms of provisions under Section 53, of the Lokpal and Lokayukta Act, 2013, a complaint cannot be made after the expiry of seven years from the date on which the offence mentioned in the complaint is alleged to have been committed.

According to Section 139, CPC the affidavit can be attested by -

  1. any Court or Magistrate, or
  2. any notary appointed under the Notaries Act, 1952 (53 of 1952); or]
  3. any officer or other person whom a High Court may appoint on this behalf, or
  4. any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf may administer the oath to the deponent.

NOTE: Stamp duty can be paid by Non-Judicial Stamp Paper, Be E-Stamping Franking Machine, Notary Stamp, Revenue Stamp, Adhesive/Non-adhesive Stamp, Court Fee Stamp as per prevailing procedure in the state.

On LokpalOnline Complaint Software by entering either Diary No or Complaint No.

Yes. At the request of the public servant, the Lokpal of India can allow the public servant to attend the hearing through video conferencing.

Yes. In terms of the provisions under section 29 of the Lokpal and Lokayuktas Act, 2013, assets of the public servant can be attached provisionally under certain circumstances as per the order of the Lokpal of India. Such attachment is to be confirmed by the special court as per provisions of Section 30 of the Lokpal and Lokayuktas Act, 2013.

In terms of the provisions of Section 32 of the Lokpal and Lokayukta Act, 2013, while making a preliminary inquiry into allegations of corruption the Lokpal may recommend to the Central Government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order.

Yes. In terms of the provisions under Section 26 of the Lokpal and Lokayukta Act, 2013, if the Lokpal has reason to believe that any documents which, in its opinion, shall be useful for, or relevant to, any investigation are secreted in any place, it may authorize any agency to whom the investigation has been given to search for and to seize such documents as per the order of the Bench of the Lokpal of India.

  1. Yes. In terms of the provisions of the Lokpal and Lokayukta Act, 2013, the Lokpal will call for an explanation of the public servant before ordering an investigation without a preliminary inquiry.
  2. Under Section 20(3), a Bench consisting of not less than three members of the Lokpal shall consider every report received from the Inquiry Wing or any agency, and after giving an opportunity of being heard to the public servant, decide whether there exists a prima facie case and proceed with one or more of the following actions namely:-
    1. Investigation
    2. Initiation of departmental proceedings or any other appropriate action against the concerned public servants by the competent authority
    3. Closure of the proceedings against the public servant and to proceed against the complainant.
  3. Under Section 20(7), the Lokpal will take comments of the public servant as well as his competent authority on the investigation report, before passing any further order for grant of sanction for prosecution or any other appropriate action against the public servant.

No. There is no provision in the Lokpal and Lokayukta Act, 2013 for appeal, review, or reconsideration of an order passed by the Lokpal of India.

Any person who makes any false and frivolous or vexatious complaint under Lokpal and Lokayukta Act, 2013 can be convicted, be punished with imprisonment for a term which may extend to one year, and with a fine up to 1 lakh in terms of provisions under Section 46 of Lokpal and Lokayukta Act, 2013.

Yes. A public servant can be represented by an authorized representative or, an advocate as per the order of the Lokpal.

No. According to Section 20(7) of the Lokpal and Lokayukta Act, 2013, before sanctioning the prosecution, only comments of the competent authority and the public servant will be taken. Lokpal is competent to grant sanction for prosecution against a public servant.