Act No. 0 7 of 1991
20th August, 1991
AN ACT to make provision for the constitution of Commission for investigation of, and inquiry into, complaints against public men and for matters connected therewith.
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(1) This Act may be called the Goa Public Men's Corruption (Investigations and Inquiries) Act, 1988.
(2) It extends to the whole of the State of Goa.
(3) It shall come into force at once.
In this Act, unless the context otherwise requires,-
Whoever being a public man--
(1) For the purpose of conducting investigations and inquiries in accordance with provisions of this Act, the Governor shall constitute a Commission consisting of three members.
(2) The Governor shall, on the advice tendered by the Chief Minister in consultation with the Senior Judge of High Court of Judicature at Bombay, Panaji Bench and the Leader of Opposition in the Goa Legislative Assembly, appoint the members of the Commission and one of such members who holds or has held office as Judge of the Supreme Court or of the High Court referred to in sub-section (2), to be the Chairman thereof.
(3) One of the person to be appointed as member of the Commission shall be one who holds or has held office as Judge of the Supreme Court or that of High Court and the other persons to be appointed as members of the Commission shall be persons qualified to be appointed as a Judge of the High Court.
(4) Every matter to be decided by the Commission shall be decided in accor
(1) The member of the Commission shall not be a member of the Parliament or be a member of the Legislature of any State and shall not hold any office of trust or profit (other than his office as member) or carry on any business or practice any profession and accordingly, before he enters upon his office as member, except a Judge of the Supreme Court or of High Court, shall,-
(2) A person who has been a member of a political party at any time during the period of five years immediately preceding--
(1) A person appointed as member shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of [seventy two years], whichever is earlier:
Provided that,--
(2) On ceasing to hold office, the member shall be ineligible for re-appointment as member or for further employment to any office of profit under the Government of Goa or in any Authority, Corporation, Company, Society or University referred to in clause (j) of section 2.
Explanation.-- The re-assumption of office by a member as Judge of the Supreme Court or High Court as the case may be, on his ceasing to hold office as such member, shall not be deemed to be further employment to any office of profit referred to in this sub-section.
(3) The memb
(1) The member shall not be removed from his office except by an order of the Governor passed after an address by the State Legislative Assembly supported by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of the Legislative Assembly present and voting has been presented to the Governor in the same session for such removal on the ground of proved misbehaviour or incapacity.
(2) The procedure of the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of the member under sub-section (1) shall be as provided in the Judges (Inquiry) Act, 1968, (Central Act 51 of 1968).
(1) The Commission shall have a Secretary and such other officers and employees as may be determined by the Governor in consultation with the Commission to assist the Commission in the exercise of its powers and the discharge of its functions under this Act.
(2) The conditions of service of the Secretary and other officers and employees shall be such as may be specified by the Governor.
(3) Appointment of Secretary and other officers and employees shall be made by the Commission:
Provided that where such appointment is made by direct recruitment the Goa Public Service Commission shall be consulted.
(4) The rules for reservation of appointments and posts in Government service in favour of the Scheduled Castes, Scheduled Tribes and Other Backward Classes of Citizens shall, mutatis mutandis, apply to appointments to be made under sub-section (1).
(5) Without prejudice to the provisions of sub-sections (1), (2), (3) and (4), the Commission may, for th
(1) Subject to the provisions of this Act, the Commission may investigate any complaint presented to it under section 11.
(2) Notwithstanding anything contained in this Act, where any allegation of corruption against any public man comes to the knowledge or is brought to the notice of the Government, they may, if satisfied that it is necessary in the public interest so to do, by order in writing refer such allegation of corruption to the Commission for investigation and the Commission shall investigate the same as if it were a complaint presented under this Act.
(3) For the purposes of this Act, the person who made the allegation of corruption referred to in sub-section (2) shall be deemed to be the complainant.
Except as hereinafter provided, the Commission shall not investigate,-
Provided that the Commission may entertain a complaint referred to in this clause, if the complainant satisfies that he had sufficient cause for not making the complaint within the period specified in this clause.
(1) Any person, other than a public servant or Service Association, may present to the Commission a complaint with an additional copy for service on the opposite party requesting that such complaint may be investigated under this Act.
(2) Every complaint under sub-section (1) shall be accompanied by an affidavit in support of the allegation contained therein and a treasury receipt evidencing the deposit of a sum of five hundred rupees:
Provided that no such treasury receipt shall be necessary where the complaint is presented jointly by not less than five Members of the Legislative Assembly.
(3) Every complaint under sub-section (1) as well as any Schedule or annexure thereto shall be verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908), for the verification of pleadings.
(4) Notwithstanding anything contained in the foregoing sub-sections, any letter written to the Commission or, as the case may be, to the appropr
(1) On receipt of a complaint under section 11, the Commission shall, in a case not falling under section 10, scrutinise the same and shall furnish a copy of the complaint to the public man and also give the complainant and the public man concerned an opportunity of being heard in the matter.
(2) The Commission may make such order as to the safe custody of documents relevant to the investigation as it deems fit.
(3) The procedure for conducting any such investigation shall be such as the Commission deems appropriate in the circumstances of the case.
(1) If after the preliminary investigation under section 12, the Commission is of the opinion that-
it shall record its findings stating the reasons therefor and communicate the same to the public man and to the complainant and the competent authority.
(2) If, after the preliminary investigation under section 12, the Commission is of the opinion that there is a prima facie case against the public man, it shall record a finding to that effect and report the finding to the competent authority stating the reasons for such finding and proceed to make a detailed investigation.
(3) The Commission shall, subject to the provisions of thi
(1) Where in the course of preliminary investigation the Commission is satisfied that there is substance in the allegation of corruption or where on any subsequent occasion the Commission is satisfied that it is necessary so to do and,-
(1) Subject to the provisions of this section, for the propose of any investigation (including preliminary investigation) under this Act, the Commission may require any public servant or any other person, who in its opinion, is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such document.
(2) For the purpose of any such investigation the Commission shall have all the powers of a Civil Court while trying a suit under the Code of Civil procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-
For prosecution for an offence of giving or fabricating false evidence under section 193 of the Indian Penal Code, 1860 (Central Act 45 of 1860), when such offence is alleged to have been committed in, or in relation to, any proceeding before the Commission, the provisions of section 195 and 340 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall apply to the Commission as they apply in relation to the same offence, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court subject to the modification that a complaint under section 340 shall be signed by the member or such officer of the Commission as the Commission may appoint and for the purpose of the said sections 195 and 340 the Commission is declared to be a court.
(1) If, after investigation of any complaint, the Commission is satisfied that all or any of the allegations made in the complaint have or has been substantiated either wholly or partly, it shall, by report in writing, communicate its findings and recommendations alongwith the relevant documents, materials and other evidence to the competent authority and a copy of the report regarding the findings and recommendations to the Government.
(2) The competent authority shall examine the report forwarded to it under sub-section (1) and within three months of the date of receipt of the report, intimate or cause to be intimated to the Commission the action taken or proposed to be taken on the basis of the report.
(3) If the Commission is satisfied with the action taken, or proposed to be taken on its recommendations or findings referred to in sub-section (1), it shall close the case under information to the complainant, the public man and the competent authority concerned; bu
Where, after an investigation under this Act, the Commission is satisfied that an allegation against a public man specified in sub-clauses (i), (ii), (iii), (iv), (v), (vi), (ix), (x) and (xi) of clause (j) of section 2 has been substantiated and that such public man should not continue to hold the post held by him, the Commission shall make a declaration to that effect in its report under sub-section (1) of section 17 and thereupon the competent authority shall accept the declaration and intimate immediately the fact of such acceptance to the public man by registered post and then notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public man shall with effect from the date of such intimation,-
If, after investigation into any complaint, the Commission is satisfied that the public man has committed any criminal offence and that be should be prosecuted in a court of law for such offence, then it may pass an order to that effect and initiate prosecution of the public man concerned, if there is no necessity for prior sanction, and if prior sanction of any authority is required for such prosecution, then notwithstanding anything contained in any law, such a sanction shall be, granted by the competent authority within thirty days of the request by the Commission; and if such sanction is not granted within the period aforesaid such sanction shall be deemed to have been granted by the competent authority.
(1) Any information obtained by the Commission or members of its staff or any investigating agency in the course of, or for the purpose of any investigation under this Act and any evidence recorded or collected in connection with such investigation shall be treated as confidential and notwithstanding anything contained in the Indian Evidence Act, 1872 (Central Act 1 of 1872), no court shall be entitled to compel the Commission or any member of its staff or any investigating agency to give evidence relating to such information or produce the evidence so recorded or collected.
(2) Nothing in sub-section (1) shall apply to the disclosure of any information or particulars-
(omitted)
(1) No suit, prosecution or other legal proceeding shall lie against the Commission or against any officer, employee, agency or person referred to in section 8 in respect of anything which is in good faith done or intended to be done under this Act.
(2) No proceeding of the Commission shall be held invalid for want of form and, except on the ground of jurisdiction, no proceeding or decision of the Commission shall be liable to be challenged, reviewed or called in question in any court.
The Commission may, by general or special order in writing, direct that any power conferred or duties imposed on it by or under this Act (except the power to make investigation or report to the competent authority or the power vested under section 21) may also be exercised or discharged by such of the officers, employees, agencies or experts referred to in section 8 as may be specified in the order.
(1) The Governor may, by order in writing and subject to such conditions or limitation as may be specified in the order, require the Commission to investigate any allegation (being an allegation in respect of which a complaint may be made) specified in the order in respect of a public man and notwithstanding anything contained in this Act, the Commission shall comply with such order.
(2) When the Commission is to make any investigation under sub-section (1), the Commission shall exercise the same powers and discharge the same functions as it would in the case of any investigation made on a complaint under this Act and the provisions of this Act shall apply accordingly.
(1) Every public man specified in sub-clause (i), sub-clause (ii), sub-clause (iii), sub-clause (iv) and sub-clause (v) of clause (j) of section 2 shall, within six months after the commencement of this Act and thereafter before the 30th day of June once in two years, submit to the competent authority in the prescribed form a statement of his assets and liabilities and those of the members of his family.
(2) If within three months after the date mentioned in sub-section (1), the public man concerned does not submit such statements, the competent authority shall intimate the fact to the Commission and thereupon the Commission may take such action with respect to the matter as may be prescribed.
No formal or open inquiry into any allegation against any public man in respect of which a complaint has been presented under section 11 shall be made at the instance of the Government either under the Commissions of Inquiry Act, 1952 (Central Act 60 of 1952), or by any other order or resolution of the Government, but nothing herein contained shall be construed as affecting any right or power of any other person or authority under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or under any other law for the time being in force, or as affecting the constitution of, or the continuance of the functioning of or exercise of powers by any Commission or Commission of Inquiry appointed before the commencement of this Act.
(1) The Commission may, in case the allegation made in the complaint is found to be false or vexatious to the knowledge of the complainant, order the complainant to pay cost/compensation of not more than rupees twenty five thousand, to the public man against whom the allegation has been made.
(2) The Commission may order any part of the costs ordered to be paid under sub-section (1) to be paid out of any amount deposited under section 11 and issue a certificate of recovery in respect of the remainder, if any.
(3) The Commission may, if it is satisfied that all or any of the allegations made in the complaint against a public man have or has been substantiated either wholly or partly, order the public man to pay such amount of costs as may be specified in the order to the complainant and issue a certificate of recovery in respect of the amount so specified.
(4) Any person in whose favour a certificate is issued under sub-section (2) or sub-section (3) may apply t
Subject to the provisions of sub-section (2) of section 27, the Commission shall at the end of the investigation make such orders in respect of the sum deposited by any complainant under section 11 including orders for the forfeiture of the whole or any portion of such sum as having regard to the circumstances of the case, it thinks fit.
The pendency of any civil or criminal case in the High Court or any court subordinate thereto in respect of any allegation shall not bar the scrutiny, investigation or inquiry of or into that allegation under this Act, and no such scrutiny, investigation or inquiry shall be deemed to amount to contempt of such Court.
Notwithstanding anything contained in any other law for the time being in force, where on an investigation in respect of a complaint against a public man the Commission has held that any allegations made in the complaint have not been proved or substantiated, no prosecution shall lie on any complaint, report, information or otherwise and no court shall take cognizance of any offence on the basis of the same or substantially the same allegations as in the complaint.
The Commission, if in the discharge of its function under this Act, notices a practice or procedure which in its opinion affords an opportunity for corruption, it may bring it to the notice of the Government and may suggest such changes in the said practice or procedure as it may deem fit.
(1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately fol
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with such provisions which appear to them to be necessary or expedient for the purpose of removing the difficulty.
(2) No order under sub-section (1) shall be made after the expiration of a period of two years from the commencement of this Act.
(3) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the order or decides that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modificat
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