The provision of this Act shall be in addition to the provisions of any other enactment or any rule of law under which any remedy by way of appeal, revision, review or in any other manner is available to a person making a complaint under this Act in respect of any action, and nothing in this Act shall limit or affect the right of such person to avail of such remedy.
20. Transfer of complaints pending before Vigilance Commissioner and prohibition to entertain complaints disposed of prior to commencement of this Act.
(1) All complaints pending before the Vigilance Commissioner immediately before the commencement of this Act, shall , on such commencement, stand transferred to the Lokayukt or Up-Lokayukt, as the case may be, and shall thereupon be disposed of by the Lokayukt or Up-Lokayukt as if they were complaints entertained by him under this Act.
1 Substituted for the words "District Vigilance Committee" vide Amendment Act No. 24 of 2003.
(2) No complaint disposed of by the Vigilance Commissioner, prior to the commencement of this Act, shall be entertained by the Lokayukt or Up- Lokayukt under this Act.
Provided that the Lokayukt or Up-Lokayukt, as the case may be, may, if he considers it necessary to do so to meet the ends of justice, enquire into any complaint finally disposed of by Vigilance Commissioner within a period of two years prior to the commencement of this Act.
* * * * * * * FORM – 1 (See Rule 6) Before the Lokayukt of Madhya Pradesh Complainant…………………………………..A..B.……………………S/o……………..
……………………..….. ( Add description of profession, residence etc.)
In the matter of Allegation against XY ………………….... S/o ………………………….
holding the office of …………………………. at ………………………………………… The above named complainant is satisfied that the aforesaid public servant –
(i) has abused his position as such to obtain any gain or favour to himself or to any other person or to cause undue harm to any person , and / or
(ii) was actuated in the discharge of his functions as such public servant by improper or corrupt motives, and / or
(iii) is guilty of corruption, and/or
(iv) is in possession of pecuniary resources or property disproportionate to his known source of income and such pecuniary resources or property is held by the public servant personally or by any member of his family or by some other person on his behalf .
(Strike out the clause or clauses not relevant to the complaint) To support the allegations the applicant relies on the following facts and is also filling an affidavit :-
(1)
(2)
(3)
(4) The applicant is prepared to swear an affidavit again before the Lokayukt, if so desired. The necessary deposit of Rs. …….. has been made, by affixing judicial stamps of that value on the complaint .
Prayer It is, therefore, prayed that an enquiry be made against the said public servant.
………………………….
Signature of applicant Verification I …………………. S/o …………………. R/o ……………. hereby verify that the facts stated by me in paras ……. to …… in the complaint are true to my personal knowledge and/ or are based on information received from …………….
( give the name ) and / or documents , and believed to be true.
Signature of applicant FORM – 1 (See Rule 6) Before the Lokayukt of Madhya Pradesh Complainant…………………………………..A..B.……………………S/o……………..
……………………..…..( Add description of profession, residence etc. ) In the matter of Allegation against XY ………………….... S/o ………………………….
holding the office of …………………………. at ………………………………………… The above named complainant is satisfied that the aforesaid public servant :–
(j) has abused his position as such to obtain any gain or favour to himself or to any other person or to cause undue harm to any person , and / or
(ii) was actuated in the discharge of his functions as such public servant by improper or corrupt motives, and / or
(iii) is guilty of corruption, and/or
(iv) is in possession of pecuniary resources or property disproportionate to his known source of income and such pecuniary resources or property is held by the public servant personally or by any member of his family or by some other person on his behalf .
(Strike out the clause or clauses not relevant to the complaint) To support the allegations the applicant relies on the following facts and is also filling an affidavit :-
(1)
(2)
(3)
(4) Prayer It is, therefore, prayed that an enquiry be made against the said public servant.
………………………….
Signature of applicant Verification I …………………. S/o …………………. R/o ……………. hereby verify that the facts stated by me in paras ……. to …… in the complaint are true to my personal knowledge and/ or are based on information received from …………….
( give the name ) and / or documents , and believed to be true.
Signature of applicant FORM – II (See Rule 6) Form of Affidavit I, …………… son of Shri ……………….. age …….. Profession…………….
resident of …………. P.S. …………. District ……… at present at ………..P.S.
………..District ………… do hereby solemnly affirm and state as follows :-
(1) That I am the complainant in this case,
(2) That the statements of this complaint petition have been read by / read over to me and understood / heard by me and that they are true to the best of my knowledge and belief,
(3) That the fact stated by me in paras …. to …. are true to the best of my knowledge and facts stated in paras …..to ….. are true to my belief and derived from the information given to me by Shri ………/ document which, I believe to be true.
Date ………..
……………………………………………..
Signature or thumb mark of the deponent.
Identification I,……………. identify the signature / thumb mark of Shri ……… who has signed / has given thumb mark on this affidavit in my presence.
…………………… Signature and address of the identifier with date Affidavit sworn before me ……………….
Designation of the authority before whom affidavit is sworn.
Date ……..
Palce …….