(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 improper or corrupt motives; or 1Added by Punjab Act No. 23 of 2013, Section 2 2Added by Punjab Act No. 22 of 2013, Section 2 Misconduct by public man.
(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 secures 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 is 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 stepdaughter 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 1[4. (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 and another person to be known as the Up-Lokpal:
Provided that the Lokpal 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:
Provided further that the Up-Lokpal shall be appointed on the advice of the Chief Minister in consultation with the Lokpal.
(2) The persons appointed as the Lokpal and the Up- Lokpal shall, before entering upon their offices, 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 appended to this Act.
(3) A person shall not be qualified for appointment, -
(i) as Lokpal, unless he is or has been a Judge of the Supreme Court or Chief Justice or a Judge of the High Court in India; and 1Substituted by Punjab Act No. 22 of 2013, Section 3 Appointment of Lokpal and Up- Lokpal.
(ii) as Up-Lokpal, unless he is or has been a District and Sessions Judge or a Secretary to the Government of Punjab.
(4) The general superintendence, direction and management of affairs of the institution of Lokpal shall vest in the Lokpal, who shall be assisted by the Up-Lokpal and may exercise all such powers and do all such acts and things which may be exercised or done by the Lokpal and autonomously without being subjected to the direction by any other authority under this Act.]
1[5. The Lokpal and the Up-Lokpal shall not, -
(i) be a Member of Parliament or a Member of the Legislature of any State;
(ii) hold any office of Trust or profit other than his office as Lokpal or Up-Lokpal;
(iii) be connected with any political party;
(iv) carry on any business; or
(v) practise any profession, and accordingly a person appointed as the Lokpal or the Up- Lokpal, as the case may be, before entering upon his office shall, -
(a) if he is a member of Parliament or of the State Legislature of any State, resign such membership; or
(b) if he holds any office of Trust or profit resign from such office; or
(c) if he is connected with any political party, sever his connection with it; or
(d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business; or
(e) if he is practising any profession cease to practice such profession.]
1Substituted by Punjab Act No. 22 of 2013, Section 4 Lokpal and Up- Lokpal to be ineligible to hold other offices.