THE KERALA PUBLIC MEN'S CORRUPTION (INVESTIGATIONS AND INQUIRIES) AMENDMENT ACT, 1992 Complete Act - Bare Act

Pub. in K.G. Ex. No. 449 dated 12-4-1992.)
THE KERALA PUBLIC MEN'S CORRUPTION (INVESTIGATIONS AND INQUIRIES) AMENDMENT ACT, 1992

An Act further to amend the Kerala Public Men's Corruption (Investigations and inquiries) Act, 1987.

Preamble.- WHEREAS it is expedient further to amend the Kerala Public Men's Corruption (Investigations and Inquiries) Act, 1987 for the purposes hereinafter appearing;

Be it enacted in the Forty-third Year of the Republic of India as follows:-

(1) This Act may be called the Kerala Public Men's Corruption (Investigations and Inquiries) Amendment Act, 1992.

(2) The provisions of Ss. 3, 4, 8, 10 and 11 shall be deemed to have come into force on the 11th day of December, 1991 and the remaining provisions of this Act shall come into force at once and the reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

In S.2 of the Kerala Public Men's Corruption (Investigations and Inquiries) Act, 1987 (24 of 1988) (hereinafter referred to as the principal Act),-

(1) in clause (c), in item (iii) for the words, "such authority as may be prescribed;" the words "the Secretary to the Commission;" shall be substituted.

(2) in sub-clause (iv) of clause (j),-

(a) in the opening paragraph after the words, "or the Managing Director" the words "or the Standing Committee Chairman" shall be inserted;

(b) after item (D), the following item shall be added, namely:-"(E) a co-operative society registered or deemed to have been registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969)".

In S.4 of the principal Act,-

(1) to sub-section (2), the following proviso shall be added, namely:-"Provided that a member who has held office as a Judge of the Supreme Court or of the High Court shall be the Chairman only if a member who holds office as Judge of the Supreme Court or of the High Court is not available to be the Chairman. A report on such non-availability shall be laid before the Legislative Assembly during its next session by the Chief Minister.

Explanation.-

Retirement on superannuating as Judge shall not be a bar for continuing to be the Chairman".

(2) for sub-section (3), the following sub-section shall be substituted, namely:-

"(3) The members of the Commission shall be,-

(i) a person who holds or has held office as a Judge of the Supreme Court or of the High Court;

(ii) a person who is qualified to be appointed as a Judge of the High Court; and

(iii) a person who is an officer not below the rank of Commissioner and Secretary to the Government."

In sub-section (1) of S.5 of the principal Act, in clause (b) the word "or" at the end shall be omitted and the following proviso shall be added, namely:-

"Provided that in the case of an officer referred to in item (iii) of sub-section (3) of S.4 appointed as member he shall be deemed to have retired from service with effect from the date on which he enters upon his office as member of the Commission; or"

In S.6 of the principal Act, after sub-section (1) the following sub-section shall be added, namely:-

"(1A) Any vacancy among the members of the Commission caused by the death, resignation, overage, removal or otherwise may be filled up, as soon as may be, by the appointment of a person possessing the qualifications mentioned in sub-section (3) of S.4 in relation to the category of the member whose place has become vacant, in the manner specified in sub-section (2) of the said section by the Governor and the person so appointed shall hold office as member for the unexpired portion of the term of office of the member in whose vacancy he is appointed".

In S. 13 of the principal Act, after sub-section (2) the following Explanation shall be inserted, namely:-

"Explanation.- For the purpose of this sub-section and sub-section (1) the competent authority in the case of public man referred to in item (iii) of clause (c) of S.2 shall be the Chief Secretary and if the Chief Secretary is directly or indirectly interested in the subject matter of the complaint the Chief Minister shall be the competent authority".

In S. 17 of the principal Act, after sub-section (3) the following Explanation shall be inserted, namely:-

"Explanation.- For the purpose of this sub-section and sub-sections (1) and (2) the competent authority in the case of public man referred to in item (iii) of clause (c) of S.2 shall be the Chief Secretary and if the Chief Secretary is directly or indirectly interested in the subject matter of the complaint the Chief Minister shall be the competent authority".

In S.18 of the principal Act, in the opening paragraph, for the word "substantiated", the words "substantiated and proved that the public man has committed corruption" shall be substituted and for the words, brackets and figures "under sub-section(1) of S. 17 and thereupon the competent authority shall accept the declaration and intimate immediately" the words "regarding its findings and recommendations and communicate it along with the relevant documents, materials and other evidence to the Governor and thereupon the Governor acting in his discretion may either accept the declaration or for sufficient reasons to be recorded in writing reject it; and if the declaration is accepted the Governor shall intimate" shall be substituted.

In S. 19 of the principal Act, for the words "then notwithstanding anything contained in any law, such 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.", the words "then with the sanction of such authority and if refused by such authority, it shall be referred to the Governor who in his discretion may grant sanction or refuse to grant sanction.", shall be substituted.

(1) Notwithstanding anything contained in the principal Act, on and from the date of commencement of this Act, the existing Commission constituted under the provisions of the principal Act, shall by virtue of this Act stand dissolved and on such dissolution the Chairman and the other members of the Commission shall be deemed to have vacated their offices as such.

(2) A Commission shall be constituted in accordance with the provisions of the principal Act as amended by this Act within a period of six months from the date of commencement of this Act.

(3) During the interval between the dissolution of the Commission and the constitution of the Commission under sub-section (2) the Secretary and such other officers and employees of the Commission referred to in S. 8 of the principal Act shall be subject to the exclusive administrative control and direction of the Secretary to Government, Home Department or such other officer as the Government may by notification in the Gazette appoint in this behalf.

(4) The members of the Commission who cease to hold office by virtue of this Act shall be entitled to pension and other retirement benefits based on the period they had been members of the Commission.

(5) All investigations, inquiries or other proceedings pending before the Commission on the date of commencement of this Act and which have not been disposed of shall stand transferred to. and be continued by, the Commission constituted under the principal Act as amended by this Act as if they were commenced before it.

(1) The Kerala Public Men's Corruption (Investigations and Inquiries) Second Amendment Ordinance, 1991 (8 of 1991), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.