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Your questions – our answers
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| Can investigation carried out against elected representatives? |
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Action can not be taken against them under this act until elected representative are serving only as representative. However investigation under prevention of corruption act, 1988 can be carried out when such representative hold an office of profit having interest of government like board or corporation and where monitory benefits can be obtained.
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| Can complaint under this act be made against N.G.O. indulging in corrupt practices? |
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If such organization is receiving grant form state or central government then action can be taken under this act. However, complaint under this act can not be made against institutions run by own funds.
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| When there is doubt about the integrity of local anticorruption bureau officer where complaint can be lodged? |
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| In such circumstances complaint can be lodge to various officers serving at head office of bureau. |
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| What can be done if complaint does not have money for giving bribe? |
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There is no such objection in law regarding amount of bribe however it is desirable that complainant should produce such money as it will help to strengthen the proof. In exceptional circumstances bureau also provide such amount. However if complaint produce such money himself then allegations on bureau regarding bias against accused can be avoided.
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| What is a Disproportionate asset? |
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Where any government servant during tenure of services invest or spend in movable/ immovable property which is more then his known source of income then this fact proves that such Disproportionate asset is accumulated by indulging in corrupt practices or by misuse of power. In such scenario case of criminal conduct under section 13(1) (E) of Prevention of corruption act, 1988 can be registered.
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